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Daughter visiting to India

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Steeve

Junior Member
What is the name of your state (only U.S. law)?

We are leaving in Illinois state

Myself and my daughter came to US from India on H4 VISA as dependends. H4 expiration is on 2010. I got H1B in 2008 and it expires 2011. So far my wife is takeing care of all my daughter expenditure.
1. If I want take my daughter to visit India, do I need to take permission from wife.
2. If my wife refuses to me, to take my daughter to India, what is the solution?
3. If my wife want to take my daughter to Canada or Mexico for stamping, does she need my permission?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)?

We are leaving in Illinois state

Myself and my daughter came to US from India on H4 VISA as dependends. H4 expiration is on 2010. I got H1B in 2008 and it expires 2011. So far my wife is takeing care of all my daughter expenditure.
1. If I want take my daughter to visit India, do I need to take permission from wife.
2. If my wife refuses to me, to take my daughter to India, what is the solution?
3. If my wife want to take my daughter to Canada or Mexico for stamping, does she need my permission?
Since you are here on visas, rather than as green card residents, I don't think that the US courts would have the authority to prohibit either of you from taking the child to your common home country. However, for practical purposes, if the child is residing with mom, it would be difficult for you to take the child to India without mom's approval.

As far as Mexico and Canada are concerned, I am uncertain, again because of your visa status.
 

Ohiogal

Queen Bee
Is mom a US resident? Or what is her visa status? You have not stated HER status but just yours and your daughter's.
 

Steeve

Junior Member
Child visiting India

Since you are here on visas, rather than as green card residents, I don't think that the US courts would have the authority to prohibit either of you from taking the child to your common home country. However, for practical purposes, if the child is residing with mom, it would be difficult for you to take the child to India without mom's approval.

As far as Mexico and Canada are concerned, I am uncertain, again because of your visa status.
My wife VISA is H1B
 

Steeve

Junior Member
Child visiting India

Since you are here on visas, rather than as green card residents, I don't think that the US courts would have the authority to prohibit either of you from taking the child to your common home country. However, for practical purposes, if the child is residing with mom, it would be difficult for you to take the child to India without mom's approval.

As far as Mexico and Canada are concerned, I am uncertain, again because of your visa status.

My wife VISA status is 2nd term H1B, green card is under processing, I 485 stages. We three are leaving together. I am not working at this moment because, I applied for SSN number and I am waiting for that to work. My wife is taking care of all family expenditure. But she is preparing herself to keep all the Child rights with her and planning me to send out of home. I love both of them lot and I am compromising a lot, the reason is child should not suffer because of our stupid ego. My wife's is 2nd term H1B extension, My daughter is 2nd term H4 extension, and mine is also 2nd term H4 extension and I have new H1B, so all of us to get stamping while coming back if we go outside the country.
 

LdiJ

Senior Member
My wife VISA status is 2nd term H1B, green card is under processing, I 485 stages. We three are leaving together. I am not working at this moment because, I applied for SSN number and I am waiting for that to work. My wife is taking care of all family expenditure. But she is preparing herself to keep all the Child rights with her and planning me to send out of home. I love both of them lot and I am compromising a lot, the reason is child should not suffer because of our stupid ego. My wife's is 2nd term H1B extension, My daughter is 2nd term H4 extension, and mine is also 2nd term H4 extension and I have new H1B, so all of us to get stamping while coming back if we go outside the country.
Once your wife has a green card, she will have a greater level of protection from the US courts as a formal, legal resident of the US.

As long as the courts can be assured that you will return the child to the US after a visit to India, you should be able to get permission to travel with the child. Under the Hague Convention (which the US is a signatory to, but India is not) jurisdiction would be in the US.
 

Steeve

Junior Member
Once your wife has a green card, she will have a greater level of protection from the US courts as a formal, legal resident of the US.

As long as the courts can be assured that you will return the child to the US after a visit to India, you should be able to get permission to travel with the child. Under the Hague Convention (which the US is a signatory to, but India is not) jurisdiction would be in the US.
Suppose If I don't like to stay here and I wanted to go back to india along with family, in that situation, if my wife refuses to come to India, can I have rights to take my daughter to india. If my wife refuses for that, what is the solution. If I don't have rights, what is the reason and why I don't have rights to take back to home country as a father. At this moment we have only working VISA and we are not American Citizens.
 

LdiJ

Senior Member
Suppose If I don't like to stay here and I wanted to go back to india along with family, in that situation, if my wife refuses to come to India, can I have rights to take my daughter to india. If my wife refuses for that, what is the solution. If I don't have rights, what is the reason and why I don't have rights to take back to home country as a father. At this moment we have only working VISA and we are not American Citizens.
If your wife obtains a US green card then she can absolutely stop you from moving the child to India....particularly because India is not a signatory to the Hague Convention. She may even be able to stop you from taking the child to India for visits, again, because India is not a signatory to the Hague Convention.

Prior to mom obtaining green card status you may be able to take the child with you to India, providing that you can gain access to the child to do so.

Its complicated. You need to consult with both family law attorneys and immigration attorneys.
 

swrdmbo

Member
It sounds as if you are trying to find a way to take your daughter back to India permanently.

I think your thread subject is intentionally deceitful. Shame on you if you are using this forum to get advice to get your daughter to India so that you can keep her there.
 

stealth2

Under the Radar Member
What's amusing is how indignant you are about your wife not being keen on your taking your (shared) daughter away. Since SHE is the one who'd be paying for the tickets. That takes some mighty big cojones, steeeeeeeve.
 

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