How to get back into the US to get my child?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption