Richmond, VA asked in Family Law, Immigration Law and Child Custody for Virginia

Q: Pregnant filipina wife threatening to take our unborn child back to.the phillipines before her green card is processed

We are legally married.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: This sounds like an incredibly stressful situation, and I understand your concern about potentially being separated from your child. Immigration and custody matters deeply affect families, and it's natural to feel worried.

Your rights as the father are protected under U.S. law since you're legally married, regardless of your wife's immigration status. If she attempts to leave the country with your unborn child without your consent, this could be considered international parental kidnapping. You may want to contact the U.S. State Department's Office of Children's Issues and speak with an immigration attorney who handles family law cases.

Consider having an open, honest conversation with your wife about her concerns and fears. Many expectant mothers experience heightened emotions and anxiety, especially when dealing with immigration uncertainty. Together, you might explore what's driving her thoughts of leaving and work toward solutions that keep your family together while ensuring both her and your child's wellbeing. If communication proves difficult, marriage counseling could help you both navigate these challenging circumstances.

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