How to get back into the US to get my child?
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How to get back into the US to get my child?
My husband and I are both Chinese citizens and got married 2 years ago. About 8 months ago, we had a baby. I quit my job to be a stay-at-home mom. Then 4 months ago I had to go back to China for my grandma’s funeral. Now my husband has refused to sponsor me for a spouse visa. I sense he is thinking about a divorce and wants to keep me from going back to US to see my baby. I am devastated. If I got a tourist visa and go back to file a divorce, since I will have to leave U.S soon as visa expires (usually 6 months), how am I going to get the custody and bring the baby to China? Right now I have no income and no permanent visa. Am I going to lose my baby for he is a US citizen?
Asked on December 9, 2012 under Family Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I suggest that you consult with an American immigration attorney about your matter who practices family law as well to first get you back into this country long enough to get the marital action filed and then conclude it as to the custodial issues. Given what you have written about you are in a difficult situation.
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