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husband asked me to leave but told me to leave kids

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JayAC81

Junior Member
What is the name of your state (only U.S. law)? Missouri
My husband works for the US Army, I worked until 10 weeks ago. My husband asked me to leave but said if I took the children (ages 22 months and 3 weeks old), he would call the police and tell them I had kidnapped the children. Where do I stand from a legal point? I have savings to support us for a short while, but no family here in the USA (I am a British citizen and family are all in the UK)
 


st-kitts

Member
What is the name of your state (only U.S. law)? Missouri
My husband works for the US Army, I worked until 10 weeks ago. My husband asked me to leave but said if I took the children (ages 22 months and 3 weeks old), he would call the police and tell them I had kidnapped the children. Where do I stand from a legal point? I have savings to support us for a short while, but no family here in the USA (I am a British citizen and family are all in the UK)
He cannot simply demand you leave and you are within your rights to stay put in your house. If you do leave however, he cannot demand you leave the children with him. As a married couple, you have equal rights to the children and thus either of you could leave with the kids (but children are not good ping pong balls so this can turn ugly, fast). Did I read right that your youngest is only 3 weeks old?

You might want to contact a local attorney. Many give free consultations.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Missouri
My husband works for the US Army, I worked until 10 weeks ago. My husband asked me to leave but said if I took the children (ages 22 months and 3 weeks old), he would call the police and tell them I had kidnapped the children. Where do I stand from a legal point? I have savings to support us for a short while, but no family here in the USA (I am a British citizen and family are all in the UK)


OP, what's your resident status in the US? Did your husband sponsor you?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Missouri
My husband works for the US Army, I worked until 10 weeks ago. My husband asked me to leave but said if I took the children (ages 22 months and 3 weeks old), he would call the police and tell them I had kidnapped the children. Where do I stand from a legal point? I have savings to support us for a short while, but no family here in the USA (I am a British citizen and family are all in the UK)
Where you stand is that you can either leave with the children, and he absolutely cannot call the police and tell them that you kidnapped the children, or you can tell him to pound sand and you can refuse to leave the marital home until or unless a judge orders you to leave.

However, what you cannot do is go to the UK with the children. That would create a major mess.

Answer Proserpina's questions...they are quite important.
 

JayAC81

Junior Member
I am a legal resident here (I have a ten year permanent residence visa). However, my husband was my sponsor. And yes, our youngest child is just three weeks old. I would not take the children out of state, as I do not want things to get more complicated than they appear to be getting. Thank you for your replies to my post. All are helpful.
 

Proserpina

Senior Member
I am a legal resident here (I have a ten year permanent residence visa). However, my husband was my sponsor. And yes, our youngest child is just three weeks old. I would not take the children out of state, as I do not want things to get more complicated than they appear to be getting. Thank you for your replies to my post. All are helpful.

Okay. The reason I asked is because if he signed the I-864 affidavit of support, he is is obliged to provide support up to 125% of the Federal Poverty Level until one of these four criteria are met:

1. You leave the country permanently (abandon your residency)

2. You have earned 40 qualifying social security credits (worked approx 10 years)

3. You die

4. You naturalize (become a citizen)


Divorce does not relieve him of this obligation.

More and more sponsored immigrants are using this sponsorship to negotiate marital settlements, and I'm yet to see a single ruling that went against the immigrant.

It might be a handy thing to keep in the back of your mind. Not to blackmail him or threaten him, but certainly something to keep in mind specially given that you have a very, very small child and you're likely not working at the moment.

This article is older, but the information is still accurate. Print it out and take it to your attorney.

http://www.ilw.com/articles/2006,0110-wheeler.shtm
 

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