QUESTION

How can I get a Green Card and the custody of my child?

Asked on Oct 24th, 2013 on Immigration - New York
More details to this question:
I came into the country on a K-1 visa with my son, a child I had with my fiance from our previous marriage before we got divorced. Two weeks after my arrival, my fiance became emotionally abusive towards me and doesn't want to marry anymore. He also want the custody of our child. How do I protect myself from this and also get a Green Card?
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4 ANSWERS

It sounds like you need to schedule a free consultation with an experienced immigration attorney. There is some potential (based on extremely limited information) for a U visa petition, but there may be other options as well. The problem is that entering on a fiance visa and then failing to marry will likely result in removal proceedings. Speak to an attorney as soon as you can.
Answered on Oct 25th, 2013 at 1:19 AM

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Unless you get married to your fiance, there is no other way for you to get your green card even if he is abusive toward you. As for the custody of your child, you will need to speak to a family attorney to determine your rights and obligations as a parent. contents of this information is strictly prohibited. If you have received this e-mail message in error, please immediately notify the person identified as the sending person by reply e-mail or call the telephone number set forth above.
Answered on Oct 24th, 2013 at 12:46 PM

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If he will not marry you, you cannot get a green card. Also, if you overstay the K-1 visa I-94 and do not marry, you will NEVER be able to legalize your status within the US through ANY OTHER MEANS. So, I would strongly suggest that if you are not going to marry him, depart the US in a timely manner so that it does not impact on your future ability to immigrate. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Oct 24th, 2013 at 11:29 AM

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Sexual Harassment Attorney serving Brooklyn, NY
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You should see a lawyer.
Answered on Oct 24th, 2013 at 10:04 AM

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