eiram7668

I married my husband with a fiance visa. We have had a child. We got divorced, and my conditional green card is going to expire. I am not able to stay here. When I go home can I take our child with me or do I have to leave him here? We have joint legal custody.

Noorah101

Hi,

1. Why are you unable to stay here?

2. The child issue is not really an immigration issue. You can probably do whatever was allowed when you made up the terms of the divorce.

Best Wishes,
Rene

eiram7668

My conditional green card will end in February. I cannot re-apply since I am not married. The terms of the divorce didn't mention me leaving because at the time I didn't know I would have to leave.

Bob

If your divorced, you can apply to have the conditions removed straight away...but this is probably something where a consult with an immigration and a divorce lawyer would be worth seeing...

eiram7668

I don't particularly care to stay here, but I don't want to leave my child either. I guess my question is not can I stay, it's more of can I take my child?

Noorah101

As Bob said, you can apply to remove the conditions on your own, you don't need to be married to do that. You just have to prove the marriage was entered into in good faith.

But since you'd rather leave, then it seems a good idea to get a court order saying it's OK to take your child out of the country. You'll probably have to discuss it with the ex husband and get it in legal writing. Again, not an immigration question.

I second Bob's idea of speaking with both an immigration attorney and a divorce attorney.

Best Wishes,
Rene