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Hello Everyone,
I am a mother of a child living in the US since last 7 years. My kid is born here and I am on H4 visa. My husband has his green card application in process and is currently on H1B. I have always been been threatened by my husband that he will take my kid away from me. He always insisted that I leave US and go back to India.
To keep it short, as of now we have a divorce and custody case going on.
I started to work towards getting admitted into a school and got admitted for a program, obtained my I-20. However, my I-20 is based on my H4 visa and my H4 visa expires in 4 months and divorce/custody judgement is also set to happen in 4 months. I could not apply for F1 earlier as I needed his documents and he refused to provide them. I now I have requested for an independent I-20 so i can apply without his documents. With an independent I-20, I will have to go to India and get the F1 stamping done or stay here and apply for a status change. Based on this, below are my questions
1) How safe it is to travel to India for my visa stamping? I am not permitted to travel with my kid, hence i am concerned about visa getting rejected since my kid would be in the US.
2) As per immigration attorney, I will have to apply for F1 and visitor's visa immediately and postpone divorce so I have a status at least until I get visitor's visa. However, can I continue school while on visitors visa with an independent I-20?
3) If I get the custody of my kid, and then travel to India for F1 stamping with him and my F1 gets rejected, will my husband file a case and get the kid back to US?
4) Is there any other website/organisation I can seek help?
I need suggestions on how to work this out and understand what options I have. Please pour in your thoughts/suggestions/advise
Appreciate your help..Thank you
I am a mother of a child living in the US since last 7 years. My kid is born here and I am on H4 visa. My husband has his green card application in process and is currently on H1B. I have always been been threatened by my husband that he will take my kid away from me. He always insisted that I leave US and go back to India.
To keep it short, as of now we have a divorce and custody case going on.
I started to work towards getting admitted into a school and got admitted for a program, obtained my I-20. However, my I-20 is based on my H4 visa and my H4 visa expires in 4 months and divorce/custody judgement is also set to happen in 4 months. I could not apply for F1 earlier as I needed his documents and he refused to provide them. I now I have requested for an independent I-20 so i can apply without his documents. With an independent I-20, I will have to go to India and get the F1 stamping done or stay here and apply for a status change. Based on this, below are my questions
1) How safe it is to travel to India for my visa stamping? I am not permitted to travel with my kid, hence i am concerned about visa getting rejected since my kid would be in the US.
2) As per immigration attorney, I will have to apply for F1 and visitor's visa immediately and postpone divorce so I have a status at least until I get visitor's visa. However, can I continue school while on visitors visa with an independent I-20?
3) If I get the custody of my kid, and then travel to India for F1 stamping with him and my F1 gets rejected, will my husband file a case and get the kid back to US?
4) Is there any other website/organisation I can seek help?
I need suggestions on how to work this out and understand what options I have. Please pour in your thoughts/suggestions/advise
Appreciate your help..Thank you
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