move to states with abusive partner (American) and kids. She put all funds in her account and wants me out, what to do?

Question

I am writing to seek urgent legal assistance regarding my current situation. I recently moved to the United States with my wife and our two daughters. Before moving, I was the primary caregiver for our children and managed our home while also working, as my wife attended medical school. 
Our move was based on the understanding that my wife would sponsor my green card application, as she is American and I am not. However, upon our arrival, my wife demanded that I leave our home before the I-130 petition had been submitted. She has transferred all our funds into an account I cannot access, leaving me without financial resources, a visa, a vehicle, or a place to go. 
I have documented a history of abuse in a journal. Unfortunately, I ceased maintaining this journal in mid-2022 after unsuccessful attempts to secure legal support in Scotland, which led to a deep depression. 
Ideally, I would like to return to Europe with them. 
Thank you.

James L. Arrasmith · Answer

This is a complex and concerning situation involving multiple legal issues. Here's an overview of some key points to consider and potential steps you might take: 
 
1. Immigration Status: 
   - Without a valid visa or green card application in process, your immigration status is precarious. It's crucial to consult with an immigration attorney as soon as possible. 
   - Look into options like U visas for victims of certain crimes, or VAWA (Violence Against Women Act) protections, which can apply to men as well. 
 
2. Domestic Violence: 
   - Document any ongoing abuse or threats. Your previous journal entries may still be valuable evidence. 
   - Consider contacting domestic violence support services for immediate assistance and safety planning. 
 
3. Financial Abuse: 
   - Transferring all shared funds to an inaccessible account could be considered financial abuse. 
   - Consult with a family law attorney about your rights to marital assets and potential temporary support. 
 
4. Child Custody: 
   - As the primary caregiver, you may have a strong case for custody. 
   - Be cautious about leaving the home without a custody agreement in place, as it could impact your rights. 
 
5. International Custody Issues: 
   - Returning to Europe with the children without your wife's consent could be considered international child abduction. 
   - Consult with an attorney experienced in international family law before considering this option. 
 
Immediate steps to consider: 
 
1. Seek safe housing if you're in immediate danger. 
2. Contact local domestic violence support services for assistance and resources. 
3. Consult with an immigration attorney about your status and options. 
4. Speak with a family law attorney about your rights regarding assets, support, and custody. 
5. Gather and secure important documents (passports, birth certificates, marriage certificate, etc.). 
6. Document all interactions with your wife, especially those related to finances or threats. 
 
Remember, many organizations offer free or low-cost legal consultations for individuals in situations like yours. Look for legal aid societies, domestic violence organizations, or immigrant rights groups in your area. 
 
This is a challenging situation, but there are legal protections and resources available to help you. Focus on ensuring your safety and that of your children while seeking professional legal guidance to navigate these complex issues.

Q: move to states with abusive partner (American) and kids. She put all funds in her account and wants me out, what to do?