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vanessav122 · Dec 20, 2009, 12:56 AM

I am married to a US citizen and have a child together. We have been married 1 year and 9 months. My husband just filed divorce this month. We are in the middle of divorce process. I did book the ticket to return my country to visit my ill parents back to last month. Now he filed divorce and I wonder if I still could go on this trip. Also, is there any problem for me to return the US?

Any question is that I don't want to divorce, but he filed. Could I apply for a waiver? If I could, how and when should I do that?

I deeply appreciate your concern and kindness,

lawanwadee · Dec 20, 2009, 01:39 PM

What state are you in?

vanessav122 · Dec 20, 2009, 01:49 PM

I live in Washington State. Thank you so much for your response. I will have a court hearing on Dec. 23rd so I really need to get this answer soon. Again, I deeply appreciate your kindness and concern.

Fr_Chuck · Dec 20, 2009, 02:32 PM

You can delay and drag out the divorce, but at the end of it, he will be able to get a divorce, you just can't stop it,

The main thing at this point is to be protected legally, to get posible spouse support, and to get custody of your child and to get child support.
You need an attorney above all. And start thinking getting custody of the child, and how you are goig to pay bills more than stopping a divorce.

The other issue will be your immigation status, since you did not sound like a citizne

lawanwadee · Dec 20, 2009, 02:48 PM

Originally Posted by vanessav122

I live in Washington State. Thank you so much for your response. I will have a court hearing on Dec. 23rd so I really need to get this answer soon. Again, I deeply appreciate your kindness and concern.

You need a family law attorney to represent you in court. Don't do this without attorney. You need to get child custody and child support. Don't take the child away without his consent, you will be charged with serious crime.

Since he's the one who seeks divorce, you might be able to file waiver I-751 after the divorce is final. Immigration issue is not the biggest problem... but my advice is don't leave US until all sought out.

I assume you're still under the same roof... if yes, it's time to get copies of all important documents, passport, marriage license, birth certificates, tax return, financial documents, etc. All documents that prove you're living as husband and wife. You will need these documents in both family court and immigration.

Get the divorce done first... and after that file I-751 waiver to USCIS. Be strong... take care, and good luck.

vanessav122 · Dec 20, 2009, 11:39 PM

Thank you so much for all the answers. I will get protected legally. I also will be strong not only for myself but also my baby. Again, I deeply appreciate your kindness.

HAPPY HOLIDAYS