Where do I stand?

[Jimbo36]

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

Folks,

I need to gain a general idea on where I stand regarding my slightly twisted situation.

I fully intend on terminating my marriage after a few years worth of issues. However before taking such a step I need to gain a slightly better understanding of where I stand. I am a US citizen, but my spouse is not who came here on a K3 on my behalf. Months are left before it expires (if I file for her I know she will leave me regardless as it seems to me very clearly her intentions were for personal gratification). Anyhow, we have a 1 year old child (child was born in US) together which of I course I would not want to lose. Right now she is back home with the child. Overall any recommendations, experiences to share, or suggestions in regard to this matter, Perhaps maybe I be pointed towards the right direction?

Thank you.

 

[mistoffolees]

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

Folks,

I need to gain a general idea on where I stand regarding my slightly twisted situation.

I fully intend on terminating my marriage after a few years worth of issues. However before taking such a step I need to gain a slightly better understanding of where I stand. I am a US citizen, but my spouse is not who came here on a K3 on my behalf. Months are left before it expires (if I file for her I know she will leave me regardless as it seems to me very clearly her intentions were for personal gratification). Anyhow, we have a 1 year old child (child was born in US) together which of I course I would not want to lose. Right now she is back home with the child. Overall any recommendations, experiences to share, or suggestions in regard to this matter, Perhaps maybe I be pointed towards the right direction?

Thank you.

One thing to keep in mind is that US law does not apply overseas. If she chooses to stay where she is with the child, it's going to be difficult or impossible to get the child back. You could possibly get custody here (without knowing all the details, it's hard to say for sure), but as long as she never returns to the U.S., you'll be out of luck.

Therefore, it is probably to your advantage to negotiate with her to see if you can work out a decent amount of visitation and/or custody.