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Desperate in Texas - Divorce,immigration and children

Desperate in Texas - Divorce,immigration and children

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Old Nov 19th 2013, 5:57 pm
  #31  
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Default Re: Desperate in Texas - Divorce,immigration and children

Originally Posted by jeffreyhy
Like some others, I disagree. The boyfriend is a part of the situation and he might be able and willing to help her overcome some of the roadblocks the OP claims her husband is placing in her way.

Regards, JEff
OK, I do agree that the USC boyfriend can help the OP in some ways, to get out of her abusive situation. I will clarify by saying that he can't do anything for her immigration-wise at this time.

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Old Nov 19th 2013, 7:36 pm
  #32  
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Default Re: Desperate in Texas - Divorce,immigration and children

I think you're making the right decision, do things the right way and hope it all works out the way you want it to, either way it is going to be easier on the children if you have a support system in place which I don't think it sounds like you have here.

However - please don't let your husband treat you like a prisoner in this way again. There is always a way out, you are a human being and should be treated as such.
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Old Nov 19th 2013, 11:05 pm
  #33  
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Default Re: Desperate in Texas - Divorce,immigration and children

Originally Posted by Lbjen
He can't make you get on a plane and he can't take your children across a border without your permission.
One should refer to a lawyer for something specific to U.S./Texas law, but the children here are not U.S. citizens or permanent residents (based on facts posted), and the primary international convention on the subject refers to the jurisdiction of habitual residence of a child.

It's not clear if being on a time limited assignment in the United States should mean that the U.S. should be the primary forum where custody issues are decided.

Although noted is that the visa is mentioned as E1, which is an unusual visa (not unknown for a corporate transfer), one wonders if it was intended to read EB-1. But then the family would have been issued green cards.

Last edited by JAJ; Nov 19th 2013 at 11:08 pm.
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Old Nov 19th 2013, 11:21 pm
  #34  
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Default Re: Desperate in Texas - Divorce,immigration and children

Originally Posted by JAJ
One should refer to a lawyer for something specific to U.S./Texas law, but the children here are not U.S. citizens or permanent residents (based on facts posted), and the primary international convention on the subject refers to the jurisdiction of habitual residence of a child.

It's not clear if being on a time limited assignment in the United States should mean that the U.S. should be the primary forum where custody issues are decided.

Although noted is that the visa is mentioned as E1, which is an unusual visa (not unknown for a corporate transfer), one wonders if it was intended to read EB-1. But then the family would have been issued green cards.
I know the OP and her family well. They are on E1/2 visas.
I haven't chimed in before but I just want to say that the OP is not in any danger, and both the OP and her OH have friends who are supporting them both through this. Just wanted to set some minds at rest here.
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Old Nov 20th 2013, 12:58 am
  #35  
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Default Re: Desperate in Texas - Divorce,immigration and children

Thanks for the update Lisa, that actually does set my mind to rest. I hope things work out for both of them, in whichever way is best.
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Old Nov 20th 2013, 2:34 am
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Default Re: Desperate in Texas - Divorce,immigration and children

Originally Posted by Lbjen
Thanks for the update Lisa, that actually does set my mind to rest. I hope things work out for both of them, in whichever way is best.
Well said.
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Old Nov 20th 2013, 4:17 am
  #37  
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Default Re: Desperate in Texas - Divorce,immigration and children

Originally Posted by Nomes09
Hi there

Pease can anyone advise me as a matter of urgency.

My husband works for A big international company manufacturing stuff for the US government and we are over here in Texas on his E1 visa.

I have been having an affair, my husband found out a couple of weeks ago, I want to stay and marry this Texan and bring my two children up over here.

My husband has been consulting with lawyers about the situation, his company have written a letter of termination and we are being repatriated to the UK this Sunday.

He is in possession of all our passports including the children's and says that his company will alert the authorities if any of us were to stay without a visa.

I can't leave the house, he has taken my car and house keys and threatens to pull the children out of school and take them to a hidden location until the flight on Sunday. I don't know what to do or how to do it, is there anything I can do to stop this happening at all?

I'm desperate and have nowhere to turn, can you help me?

If you want to judge that's fine but can you please give me the advice I'm asking for first?

Thank you, a very desperate lady...
I am not an immigration expert but US have VAWA Act ( http://icwclaw.org/services-availabl...omen-act-vawa/)

There is another option called U (visa).
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Old Nov 20th 2013, 9:44 am
  #38  
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Default Re: Desperate in Texas - Divorce,immigration and children

VAWA doesn't apply to someone in the US on a Non-Immigrant Visa, and the U visa is intended for the investigation of serious organised crime.
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Old Nov 20th 2013, 12:43 pm
  #39  
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Default Re: Desperate in Texas - Divorce,immigration and children

Originally Posted by economy_1
I am not an immigration expert but US have VAWA Act ( http://icwclaw.org/services-availabl...omen-act-vawa/)

There is another option called U (visa).
I respectfully suggest you read the entire thread next time before posting information that doesn't actually apply!

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Old Nov 20th 2013, 12:57 pm
  #40  
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Default Re: Desperate in Texas - Divorce,immigration and children

Originally Posted by civilservant
VAWA doesn't apply to someone in the US on a Non-Immigrant Visa, and the U visa is intended for the investigation of serious organised crime.
VAWA and U are far more wide reaching.
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Old Nov 20th 2013, 1:25 pm
  #41  
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Default Re: Desperate in Texas - Divorce,immigration and children

Originally Posted by Boiler
VAWA and U are far more wide reaching.
But... the spouse isn't a USC/LPR?
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