going back to my country and bringing my daughter with me.

[mary321]

My husband has a green card but he is not a citizen yet. I have an expired visa, there is, I am illegal, and we have a daughter together, who was born in USA. I can't work, form many reasons, first I have a baby to take care of, and second, my visa expired. My husband hasn't tried much to do the minimum for our daughter. We just received a letter from our landlord asking to quit the apartment for lack of payment, we do not have health insurance, we are getting food for the baby through the WIC Program in MA, and I am still breastfeeding.
He has been very rude, saying this is all my fault, the situation is this bad because I decided to have a child.
I wanna go back to my country, where I can work, where I have family to help me with the baby, and where I have the chance to make a difference for my daughter and I.
What chances do I have to gain her custody and leave?

PS: he also told me he is going to get me deported without her, and if he gets her custody, he will leave her in his country with his family until she gets old enough to go to school here.

 

[army judge]

Are you legally married?

Who sponsored your visa?

You'll have a problem taking any child out of the country without the permission of both parents.

You, of course, are free to leave; assuming you have the appropriate travel documents.

 

[mary321]

yes, we are legally married, my visa expired, so I am now illegal, since he is not a citizen yet we cannot do anything about it.
My question is if I have any chance of gaining my daughter's custody and have the right to bring her with me legally. I am not trying to run from him without any notice.

 

[mary321]

Can someone, please help me??

 

[mary321]

this is a useless website!

 

[momma_2_four]

You aren't IMing someone on this site. The law experts answer as they are able to. Be patient someone will answer your question to the best of their abilities. It helps if you answer their questions fully so they can help you. They know the law and are very helpful if you allow them to help you. Be patient.

 

[army judge]

yes, we are legally married, my visa expired, so I am now illegal, since he is not a citizen yet we cannot do anything about it.
My question is if I have any chance of gaining my daughter's custody and have the right to bring her with me legally. I am not trying to run from him without any notice.

You have custody of your daughter by your marriage.

Because you are still married, he has custody, too.

You have a potential legal problem with your expired visa.

You will need to obtain a passport for your baby.

I suspect she is a US citizen, so you'll need a US passport.

Do you have a passport?

Have the US immigration authorities come sniffing around?

You will need a passport yourself to return to your native homeland.

Read my posts above, because it describes the permission letter you will require to take your daughter out of the US.

Finally, you might want to speak with a lawyer.

You have some complex legal problems that you are battling!