Houston, TX asked in Child Support, Divorce, Family Law and Immigration Law for Texas

Q: Hi. I’m a lawful permanent resident. I’m in Texas and currently needing advise with regards to divorce/child support.

I’m a lawful perm resident. I came along with my two minor kids to usa on a k1/k2 visa. My husband signed both ai-134 and I 864.We also had a child during our marriage who is now 3.He moved out after we experienced ongoing issues regarding abuse towards myself and my children.We have been threatened with immigration as well. I was served divorce documents 4 days after he cut off my phone and blocked it.Two weeks later he proceeded to close more accounts that we shared and cutting off my WiFi and left me with no way of contacting my family.He refuses to sign so my daughter can get a passport in order for us to visit home. We haven’t visited our home country since we moved to the USA in 2015 as a result. I’ve started school last year and I work very little in between having to take care of my 3 kids. He also removed himself from our rental agreement.Is there a way that my child can visit home with me oneday?financially is he not supposed to help us out?any advice would be great.Thank you

1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: More information is needed, perhaps, but this is likely more of a divorce question than immigration. You are a lawful permanent resident, not a conditional resident, correct? You should file for citizenship by naturalization, since you seem to have been a lawful permanent resident/conditional resident for five years or more. Securing your citizenship may or may not have consequences in your home country, so this is where an immigration attorney will prove helpful with the naturalization process, among other issues. Unlike divorce law, immigration law is Federal, so an attorney outside of Texas may represent you where you can afford it, but feel more comfortable with that arrangements.

You are likely entitled to support from your spouse. Texas divorce laws 'may be' more oppressive upon women, or the person being sued for divorce, so you should consult with a Texas divorce attorney, as soon as possible, before you husband files against you. You can also enforce the form I-864 in divorce court, while the case is pending, perhaps. You may find that divorce attorneys may be able to seek fees from your husband, where he leaves you destitute, but you must file, first! There are many Texas divorce attorneys on Justia to hire. Good luck.

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