My Case is rather very complex...please help!!

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mgiriama

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Hi everyone,
iam new to the site, so forgive me if i have posted this in the wrong section.
Iam a LEGAL immigrant that got married to a US citizen 7 years ago. I have a child from a previous relationship. we have a child together. all this ( the marriage and me having our child) happened before i even moved to the US.
we finally moved to the US a little over 4 years ago. a year into the marriage, and this waas the FIRST time we were living together as husband and wife. before my husband would come to my home country and visit for a couple of weeks and return back to work. i guess you could say we never really knew each other.
i immediately found out he was living with his parents, and he was fully dependent on them, hes 40 years old.
i tried everyday to convince him to find a place of our own so we can be a family, because a year after living with his parents and any woman who has been 'blessed" with an evil mother in law, will understand what i had to go through, living in her house.
well soon it became fights and he drank more. one night we got into a fight and i was the one who ended up being arrested because i pulled out his hair. his family attacked me as well and i had my own injuries, but i was too scared to say anything as this was my first time being arrested. i had never been in trouble with the law even back in my country.
i was charged with spouse abuse and i reained in jail for over a month, before i was realeased on an ROR.
My husband while i was in jail, got a restraining order, and finalized it, and i was told by the judge that i will have to find somewhere else to stay as i am not allwed back in their home. this was the only place i knew as home after i came to the states. i didnt have any friends and i didnt know anyone. i ended up on the streets, and slept on park benches for a week ( i didnt have any knowledge of safe houses or charity houses or even soup houses) i starved but i couldnt call the only person i trusted, my husband. and he betrayed me.
finally a lady i had met in jail had given me her number, i called her and she took me in.
to make a long story short, my husband went to USCIS and revoked his sponsorship and wanted me deported, my child received her green card, but mine was denied.
i was asked to leave the country! ofcourse i panicked and sought refuge and legal help, and i ended up in georgia where i have been for almost 2 years. i didnt know the laws of america and i had to learn as i went by. i couldnt see my children as my husband was given temporrary custody of our child and as for my own daughter he wasnt given any rights even temporary since he has not adopted her, hence he cant claim her legally.
i contacted vawa and after a few months my case was approved. iam awaiting my gcin the mail soon.
my question is,
How do i get to my children, since it has been alsmot 2 years since i last saw them? i was called to appear in court which am doing tomorrow to see if the retraining order will be lifted. i do not wish to go back to him and his family, since he still stays with his parents and still does not work. he even went ahead and filed for child support from me. i am currently not able to work LEGALLY until i get my gc. i have gotten tons of mail about how much i owe in child support and currently its at 4000$
i contatced them and told them my story and they said they would put a hold on it until my status changes and am able to work. but still the mail keeps coming.
how do i get custody of my children? i know i can get my daughter since he has no legal rights over her, but i dont want to separate my children, and i knw my husband will fight for our son hes only 4 and when i was taken away, he was only 2.
please help me with any advice, any will be appreciated.
I stayed for 2 years without seeing my kids, because also with the restraining order, the judge ordered that i get an evaluation done. at the time i didnt knw what to do, everyone i called wanted 1500 to 2500$ for an evaluation, until just recently when i found a doctor who did it for free after i explained my plight to her. my evaluation was sent to the courts by the doctor and a week later i received a letter from the courts to appear in court. can the judge turn arround and claim i bandoned my children for 2 years even if it wasnt my fault and was told i couldnt see them until the evaluation was done?
please tell me what to do. am sorry for the long post.
 
You need an attorney.
You searched and found a physician to evaluate you.
You must do the same to find an attorney.
You have shown great strength and courage during the last 2 years.

You must stay strong.
Keep fighting, and don't give up.

You might even have to leave the US.
You might return to your country and family.
Living in the US isn't cheap.
Without money and knowledge of the system, you get crushed and discarded.

Don't wait too long if you can't make it here.
Leave and come back after you regroup in your homeland if things don't work out. You can always come back when you get money.
 
Wait - you were married for SEVEN YEARS and your husband was able to revoke that I-864?

How did THAT happen?
 
Army judge,
i appreciate ur answer. i have a question though. why do you think i would need to leave the us when my I360 was approved?
i dont mind going back to my country, so long as it is with my children. i dont compromise with my children, they are all i have left after this marriage.
 
proserpina,
yes we were, but if you read carefully, i mentioned that through 5 of those years, i was in my country, i had not even stepped into this country yet. i had only been in the country for a year, and my green card was in the process.
 
Army judge,
i appreciate ur answer. i have a question though. why do you think i would need to leave the us when my I360 was approved?
i dont mind going back to my country, so long as it is with my children. i dont compromise with my children, they are all i have left after this marriage.



I was offering you some options, not giving you mandates.

What you desire requires BIG money for a lawyer.

He has BIG money (or access to it) and a lawyer.

According to you, you have neither!


In this country, and in most countries, money is heard.

What you desire may not be possible without a lawyer and some BIG money.

Good luck!
 
I will say, that getting permission to remove the children from the country will be incredibly difficult if not impossible.

He may well be able to retain custody of his stepchild (your child from the previous relationship), if he has an aggressive attorney who can show that your ex has been the defacto parent during this time.

The child you have together? I'm sorry, but I cannot see you getting custody OR being able to relocate the child out of the country.

Dad has status quo on his side.
 
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