What is the name of your state? Florida
My problem contains the following:
Originally I am from Europe, and last May I married an american in the US. I am now in the process of obtaining a greencard based upon that marriage.
At this moment I am 21 weeks pregnant of his baby.
Unfortunatly I am starting to realize more and more that this marriage is a complete mistake, my husband is not the man I married anymore because of several reasons like alchol-abuse.
Since he refuses to work on our problem (like counceling for the both of us) I think that a divorce is the best option since the situation makes us both miserabel. Especially now that I am pregnant I can not, and will not deal with this kind of stress. Not even a question that I want to spend the rest of my life like this.
He refused to work along with me and sign for an annulment, and a divorce is out of the question according to him.
Since I am not an american and do not know the american system, I have no idea what my rights are. My husband is trying the scare-tactic on me, like telling me that he can get a court-order for me so I can not leave the country until the baby is born. He is also telling me that even if I file for a divorce alone, he will and can take the baby right after birth because he is the one who basically can give our child a solid base and I can not because I don not have anything here. We don`t have a pre-numb, but still everything is his. The house, the cars, the money, and I do not have anything. Is he right or just bluffing?
My mayor concerns at this point are now:
1. I am still in the proces of applying for my greencard, if I leave and arrange a divorce in my own country I will get banned from the USA for years since my tourist-visa expired and ofcourse I don`t have my greencard yet. In case I have to stay here: I do not have any assets, where do I stay if I file for a divorce by myself? He will throw me out, and I do not have friends or family here. I do not even have money to pay for a lawyer.
(I am not even interested in the greencard anymore anyway, so that is not my concern, if it was up to me I would just go back to Europe right away).
2. But since I am pregnant of his child it is getting complicated: am I aloud to leave the country? Because I don`t have anywhere else to go. Again: if I leave I get banned by the government because I overstayed my tourist-visa. Then I will not be able to go back, so then I am afraid he will get sole-custody and come and take the baby based upon the fact that I pretty much took the (unborn, but still) baby out of his reach. That will not look good in front of a judge if it will get that far.
3. Can he get sole-custody based upon the fact that he makes more money than I do? In my home-country I can get a job without a problem, but still: he is making the big bucks in the US.
4.I am willing to stay in the USA so we can raise our baby together (it is not my intention to take my baby away from her father) if that is what it takes, but if we are not married anymore how can we solve that?
I hope somebody can tell me what I can do and what my rights are.
My problem contains the following:
Originally I am from Europe, and last May I married an american in the US. I am now in the process of obtaining a greencard based upon that marriage.
At this moment I am 21 weeks pregnant of his baby.
Unfortunatly I am starting to realize more and more that this marriage is a complete mistake, my husband is not the man I married anymore because of several reasons like alchol-abuse.
Since he refuses to work on our problem (like counceling for the both of us) I think that a divorce is the best option since the situation makes us both miserabel. Especially now that I am pregnant I can not, and will not deal with this kind of stress. Not even a question that I want to spend the rest of my life like this.
He refused to work along with me and sign for an annulment, and a divorce is out of the question according to him.
Since I am not an american and do not know the american system, I have no idea what my rights are. My husband is trying the scare-tactic on me, like telling me that he can get a court-order for me so I can not leave the country until the baby is born. He is also telling me that even if I file for a divorce alone, he will and can take the baby right after birth because he is the one who basically can give our child a solid base and I can not because I don not have anything here. We don`t have a pre-numb, but still everything is his. The house, the cars, the money, and I do not have anything. Is he right or just bluffing?
My mayor concerns at this point are now:
1. I am still in the proces of applying for my greencard, if I leave and arrange a divorce in my own country I will get banned from the USA for years since my tourist-visa expired and ofcourse I don`t have my greencard yet. In case I have to stay here: I do not have any assets, where do I stay if I file for a divorce by myself? He will throw me out, and I do not have friends or family here. I do not even have money to pay for a lawyer.
(I am not even interested in the greencard anymore anyway, so that is not my concern, if it was up to me I would just go back to Europe right away).
2. But since I am pregnant of his child it is getting complicated: am I aloud to leave the country? Because I don`t have anywhere else to go. Again: if I leave I get banned by the government because I overstayed my tourist-visa. Then I will not be able to go back, so then I am afraid he will get sole-custody and come and take the baby based upon the fact that I pretty much took the (unborn, but still) baby out of his reach. That will not look good in front of a judge if it will get that far.
3. Can he get sole-custody based upon the fact that he makes more money than I do? In my home-country I can get a job without a problem, but still: he is making the big bucks in the US.
4.I am willing to stay in the USA so we can raise our baby together (it is not my intention to take my baby away from her father) if that is what it takes, but if we are not married anymore how can we solve that?
I hope somebody can tell me what I can do and what my rights are.
