Southfield, MI asked in Immigration Law, Divorce, Child Custody and Child Support for Michigan

Q: Hi, I’ve been married to my Indian husband green card holderfor 4years we have a 2 year old son together, recently

He’s Been threatening to take my son to India for his family can raise him,I now think he used me for a green card can he get deported if we divorce??my question is Is this possible for him to steal my son without my permission? 2nd question is If i divorce him will he have to give me spousal support & child support? I lost all my benefits&health insurance after getting married to him. I would appreciate if you can help me with my questions

Thank you

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: I'm sorry to hear about the difficulties you're facing. To answer your first question, if both parents have legal custody of a child, it is generally not permissible for one parent to take the child out of the country without the other parent's permission. If your husband were to take your son to India without your permission, it could be considered parental kidnapping, which is a crime.

Regarding your second question, whether your husband would be required to pay spousal and child support would depend on the specific laws in your state and the terms of your divorce agreement. In general, however, it is likely that he would be required to pay child support to help provide for your son's needs.

As for your concerns about your husband's motives for marrying you, it is important to speak with an attorney who can advise you on your rights and options. If your husband obtained his green card through marriage to you and USCIS believes that the marriage was fraudulent, he could potentially face deportation. However, it is important to note that there are many factors that go into determining whether a marriage was fraudulent, and it is not necessarily the case that USCIS will automatically assume that a marriage is fraudulent if the couple later divorces.

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