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Legal advice to take my daughter to my home country

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Inchara0910

Junior Member
hai I am Indian citizen staying in usa in h4 visa with my husband and daughter. My daughter is usa citizen and I have her passport, ssn with me. Currently I and husband r going through very tough time in our relationship and I am planning to move out of the home and go to india.We still didn't go to any court or anything. My question is that i want to take my daughter too with me to india. So will their be any issue by my husband or immigration people if I take my daughter to india.
 


Zigner

Zigner

Senior Member, Non-Attorney
Inchara0910 said:
hai I am Indian citizen staying in usa in h4 visa with my husband and daughter. My daughter is usa citizen and I have her passport, ssn with me. Currently I and husband r going through very tough time in our relationship and I am planning to move out of the home and go to india.We still didn't go to any court or anything. My question is that i want to take my daughter too with me to india. So will their be any issue by my husband or immigration people if I take my daughter to india.
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You will need to get your husband's permission.

Edit to Add: What US state do you reside in?
 
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Inchara0910

Junior Member
actually he also don't want to be with me. I am a stay home mother. But I have some money to book tickets. I am feeling safe to stay with him. So I want to go to my home country.
 
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Inchara0910

Junior Member
I am been in Florida for 5 years now. I dono will he sign or not. But I don't feel safe to stay. I am in very abusive and bullying relationship now
 
Zigner

Zigner

Senior Member, Non-Attorney
So, your child is a resident of Florida, as are you. You're not "staying" in Florida, you're living in Florida.

You will need permission from the child's father. You cannot simply leave with the child against the wishes of the child's father.
 
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Inchara0910

Junior Member
Zigner said:
So, your child is a resident of Florida, as are you. You're not "staying" in Florida, you're living in Florida.

You will need permission from the child's father. You cannot simply leave with the child against the wishes of the child's father.
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Ok thank u so much . I think I will try to get letter of consent from him and then travel. Thank u
 
Zigner

Zigner

Senior Member, Non-Attorney
Blue Meanie said:
It may...And as the OP seems to have a bit of an issue with English I just want to make sure.
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In further researching my own question, I see there's a possibility that the child also has Indian citizenship. I believe that the OP would have mentioned it if that were the case.
 
not2cleverRed

not2cleverRed

Obvious Observer
Inchara0910 said:
I am been in Florida for 5 years now. I dono will he sign or not. But I don't feel safe to stay. I am in very abusive and bullying relationship now
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If you believe that you are in an abusive relationship and that staying with your husband is physically dangerous, get help.

https://www.fcadv.org/

Do not just leave. If you do that, you put your continued custody of your child at risk.

Since you have a H4 visa, would it be correct to assume that your husband is here on an H1B visa? Your husband is not a permanent resident (green card)?

How old is your child?
 
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