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05-14-2005, 08:40 PM
| | Junior Member | | Join Date: May 2005 Location: FL
Posts: 2
| | | Desperate Father seeking help!!!
What is the name of your state? FL
My wife file a divorce in California. I live in FL. We both aren't US-citizens and eventhough we have been quite some time separated, we didn't file a divorce in our home country. We have two kids that are with her. She manage to come to the US with a student visa sponsored by a US Citizen she met in our country and brought our two kids fraudulently with her. They live in California now, my kids, my "wife" and her sponsor.
I entered legally to the US but stayed more than granted and I my status now is of an illegal alien.
Last summer she brought my kids to FL for a two week vacation,they stayed with me and she went to a relative's.
Now she has filed for a divorce, and besides requesting legal and physical custody of our kids, she is requesting that no visitation rights be granted to me. I have always sent her money for our kids, when she was back in our home country and now that she was in California. I also sent my kids clothes and presents by mail on regular basis. All I asked her was to let me have them again for this summer vacations.
Many questions arise from this since I don' have the means to hire an attorney and I don't have the legal status to be travelling accross the US. how could I respond to this summon? could my legal status be an issue in this case and could the judge act against it? could I face a deportation? what can I do to keep seeing my kids?... I am desperate!!!
Any help will be very much appreciated, thanks in advance! |
05-14-2005, 09:07 PM
| | Senior Member | | Join Date: Jul 2004
Posts: 17,799
| | Quote: |
Originally Posted by oreofudge What is the name of your state? FL
My wife file a divorce in California. I live in FL. We both aren't US-citizens and eventhough we have been quite some time separated, we didn't file a divorce in our home country. We have two kids that are with her. She manage to come to the US with a student visa sponsored by a US Citizen she met in our country and brought our two kids fraudulently with her. They live in California now, my kids, my "wife" and her sponsor.
I entered legally to the US but stayed more than granted and I my status now is of an illegal alien.
Last summer she brought my kids to FL for a two week vacation,they stayed with me and she went to a relative's.
Now she has filed for a divorce, and besides requesting legal and physical custody of our kids, she is requesting that no visitation rights be granted to me. I have always sent her money for our kids, when she was back in our home country and now that she was in California. I also sent my kids clothes and presents by mail on regular basis. All I asked her was to let me have them again for this summer vacations.
Many questions arise from this since I don' have the means to hire an attorney and I don't have the legal status to be travelling accross the US. how could I respond to this summon? could my legal status be an issue in this case and could the judge act against it? could I face a deportation? what can I do to keep seeing my kids?... I am desperate!!!
Any help will be very much appreciated, thanks in advance! | Well, if you don't answer the summons, she will be granted the divorce by default in California, she will be given everything she asks for, although she may have difficulity collecting in the US if you are currently illegal and risking deportation. If you have assets in your country she may be able to attatch them depending on the treaties between the countries.
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05-15-2005, 10:14 AM
| | Junior Member | | Join Date: May 2005 Location: idaho
Posts: 4
| | | it is true that if u fail to appear she gets anything she wants however if i were u i would work on getting my citizenship taken care of before u appear in court becasue i would say that would be a factor in the situation. i hope that all goes well and that u can see you kids best of luck |
05-15-2005, 03:16 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,394
| | Quote: |
Originally Posted by rmet4nzkx Well, if you don't answer the summons, she will be granted the divorce by default in California, she will be given everything she asks for, although she may have difficulity collecting in the US if you are currently illegal and risking deportation. If you have assets in your country she may be able to attatch them depending on the treaties between the countries. | However its also true that showing up in court could get him deported as well. He is almost in a no-win situation. |
05-15-2005, 10:57 PM
| | Junior Member | | Join Date: May 2005
Posts: 7
| | | I feel bad for you, wish you lots of luck, but for now try contacting your country's consulate in Florida and maybe legal aid. Good Luck;-) | |
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