Immigration status and child custody


Recommended Posts

Hello members, please help me. I'm so distressed.


I'm on H4 now  and my wife is on H1B.   My wife is having an affair with some man and I confronted her on this. She is threating to call cops on me and have me arrested for domestic violence. I feel so cheated. I met with divorce attorneys but they told that I can seek divorce from her. We have a child who is five, and I wish to take him with me. I was told that I can't travel to India with my child because he is born here and if I do so,  it is considered as kidnapping and I can be arrested. The lawyers whom i consulted doesn't know much about immigration laws and I don't know what to do. What will be my status if I get separated from my wife ? What can I do to get my child and move away from her ?

I cannot live with her due to amount of mental stress and heartache. PLEASE HELP.

Link to comment

Since you are on H4, your status would end with a divorce.

Child custody would be decided by the divorce court. Most of the time, the mother gets custody of the child.

You can certainly not take the child with you out of the country without court approval.

You need to talk with a good immigration lawyer in addition to the divorce lawyers.

Link to comment


This topic is now archived and is closed to further replies.