Legal Question in Family Law in Pakistan

immigration status

Dear Sir/Madam,

I am married for almost 2 years to a lady who is about to migrate to USA on account of her mother sponsorship. I believe it wil take another 2-3 months for us (my wife, myself and my 1 month old child) her to reach USA.

In the meantime, there are differences developed in both of us and I can foresee that after reaching USA to her family, she might be more aggressive and the result may be an end to our married life (divorce). We have a child also who is only 1 month old.

My question is what will be my and my son status in USA if we divorce, do I have to come Back to Pakistan or I can stay there legally along with my child?

I would apprecaite your advice.

asif


Asked on 5/03/07, 2:40 am

1 Answer from Attorneys

Re: immigration status

Dear Asif,

considering you position , if you reaches usa and than divorce initiates and finalized between you 2, than you can file for adjustment of status giving all the fact and scenario that you were sponsored and than subject to some severe circumstances and was finally divorced, as the time comes you will get the appropriate advice for file up for staying there in USA.In case of divorce most probably the custody of the child remains with the mother and you will be liable to maintain the child .visitation will be allowed as per circumstances.

if you (after knowing it that things will not be in your favor and you want to remain in Pakistan than here you can file for the custody of the child and as a result ,atleast the child will not be allowed to leave Pakistan.that way you wont have to lose your son or be on the disposal of your wife or inlaws.you can also gat a restraining order from the court not to remove the child from the constructive cusdody of the father.

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Answered on 5/03/07, 3:03 am


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