Married to immigrant seeking custody

[Lmunsey]

What is the name of your state (only U.S. law)? TN
I am married to a Kenyan and he abandoned me 3 months ago after he recieved his green card. I am worried about him trying to take our 4 year old daughter out of the country. I have a couple of questions. We just went for our interview Oct. 2008 so he just got his green card. 1. If I divorce him we he still be able to obtain his green card? 2. How do I file emergency custody so that he cannot take my child? Btw He is no longer in TN, I do not know where to contact him or anything. The only way I can get in contact with him is via email if he answers. Is there anyway to get him deported or at least keep him away from my daughter?

 

[evcalyptos]

What is the name of your state (only U.S. law)? TN
I am married to a Kenyan and he abandoned me 3 months ago after he recieved his green card. I am worried about him trying to take our 4 year old daughter out of the country. I have a couple of questions. We just went for our interview Oct. 2008 so he just got his green card. 1. If I divorce him we he still be able to obtain his green card? 2. How do I file emergency custody so that he cannot take my child? Btw He is no longer in TN, I do not know where to contact him or anything. The only way I can get in contact with him is via email if he answers. Is there anyway to get him deported or at least keep him away from my daughter?

You have several different aspects to your situation; maybe I can help you sort them out.

1-Immigration.
You did what you were supposed to do to support your husband's immigration. Unfortunately, he has left you holding the I-864. Divorce does not get rid of it even if you don't know where he is. If YOU move, youare required to file form I-865 address change. You want to do everything to stay on the right side of right here.

If he has his green card, he is a Permanent Resident. Note the first part of the name.
Do you know if his card was issued for 2 years, or 10? If 2 years, he does have another step to complete for him to remain in the US.. the I-751 which normally must be jointly filed.
If you think that he scammed you for this marriage and it was not bonafide, you can certainly inform ICE (immigration cops) but do it in writing and be extremely factual. Don't expect some immediate result, but it will make its way into his file. Include his A#, SS# etc.. as much identifying info as possible. Bear in mind that you have a 4 year old with him; this could appear like a mostly legitimate relationship that got worn out.

Issue 2- Custody and divorce. There is a forum here devoted to that. His immigration status doesn't enter into this equation.

Issue 3- Him taking your daughter out of the US. Does your daughter have a US passport? If not (yet), know that both parents must sign for a kid's passport and several laws are now in place to keep him from taking her out of the country without your permission. If she does have a passport, dig into this a little further at travel.state.gov to see how to protect your daughter.