scared foreigner spouse

[madeleinepryor]

What is the name of your state (only U.S. law)? NY. I am a nonimmigrant visa holder married to a US citizen for >2yrs now, with a 2 yr old US citizen son. husband has asked for divorce a few times, and i am not going to contest anymore. He has written postnuptial agreement with a lawyer for me to sign STATING we will not claim spousal support from each other, and whatever possessions he has acquired even after our marriage( including the house and everything in it) is his, and he states that our child will remain in our current house and I will have to come and visit him. I would like to know if he can legally do this. I did not sign the agreement of course, but he has been insisting, yet again. I do not contest his ownership of all his possessions...I dont give a _ _ _ _ ! However, my main fear and concern is the custody of my son. will the courts here in this country rule in his side because he is a us citizen? He sometimes threatens me that he will drive me out of the country so I wont see my son anymore, he left me in the middle of the street one night after an argument, with no money on me, and no cellphone. The biggest fight we hd was when I called the police to settle a dispute at home, he threw me off the wall, and wouldnt let me take my son with me, whenI went home ( after being left on the street) that night. I did not say anything to police as I was scared his parents, and him would turn their word against me, and its just me and them. He constaantly verbally abuses me, but has not laid hands on me again after he threw me off the wall last year. He cannot have custody of my son, a s he was the one who asked me if i would consider abortion early in our relationship. Please help.

[IsabellaSoriano]

no, the courts will not grant dad custody because he is a US citizen.

your first mistake as not reporting the violence. when it occured. now, you can't use it.

at this time, you AND dad are on equal ground for physical custody of the child.

do not sign anything without having your own attorney look over the documets and advising you.

[mistoffolees]

Originally Posted by IsabellaSoriano

do not sign anything without having your own attorney look over the documets and advising you.

I want to echo that part.

There are a lot of issues that need to be addressed. If he sponsored your entry to the US, he may be responsible for your support regardless of whether you would be entitled to alimony.

See an attorney familiar with immigration law as well as divorce issues ASAP.

[Proserpina]

OP- what is your current immigrant status?

[davew128]

Totally unrelated, but the comic book geek in me saw the OP's name and first thing that popped into my head was that Cyclops treated her poorly when he was married to her in X-Men too.