My husband is working in the US on J2 visa, I have J1, we have 7 year old child together. Recently my husband hinted that he is going to divorce me and send me back to our home country. He also informed me that he is foing to keep our child. Can he actively terminate my visa so that I have to leave the country without my child? Or he can accomplish it by divorcing me? How can I protect myself from being separated from my son? My husband won't tell me about his plans and I fear that by the time I find out, it will be too late to do anything about it. Thank you!
The J-2 visa issued to your spouse is a non-immigrant visa issued by the U.S. consulate for spouses and dependents of J-1 exchange visitors. If you divorce your spouse, your J-1 status will remain valid but the J-2 will no longer be valid. As to your child, I suggest that you contact an experienced family law attorney to assist you.
Good luck to you.
I agree with what Attorney Vega has said. I would like to add that if you fear for the safety of yourself or your child, you should seek a restraining order. This behavior sounds typical of domestic violence. Further, if he has physically harmed you or the child, you should go to the police immediately. Victims of domestic violence can receive special protections under US Immigration Law and you should consult an experienced immigration attorney in this regard. Your safety and that of your child must come first and US authorities will protect you, not to mention that there are excellent resources for those seeking escape from abusive relationships. All the best to you.
The answers provided here on AVVO are for general information purposes only and not "legal advice". Neither do they create an attorney-client relationship. Attorney Foley has practiced immigration and nationality law exclusively since 2004 and is licensed by the Supreme Judicial Court of the Commonwealth of Massachusetts. For more information or to contact Attorney Foley directly, see her AVVO profile.
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