Sticky situation

[Aaron23]

Hello all i'm in a very sticky situation. I'm in the military, (Air Force) and i'm stationed in japan. I have a 7 month old boy. Right now i'm getting out of the military in about 1 month or so and I want custody of my child.

His mother is from the philippines, we have to leave japan. But we're not staying together. We don't have any paperwork at all stating anything about custody because we haven't went thru the divorce process yet.

My child is a US citizen with a US birth certificate and US passport.  His mother on the other hand has no visa or any means to enter the USA.

1. Would I get into any legal trouble if I just told her I was going to take him with me back to the states? Like I said we CAN'T stay in japan and my son either has to come with me or go with her.

Please help in any way you can.

Thank you all in advance

Aaron

[socrateaser]

>Hello all i'm in a very sticky situation. I'm in the
>military, (Air Force) and i'm stationed in japan. I have a 7
>month old boy. Right now i'm getting out of the military in
>about 1 month or so and I want custody of my child.
>
>His mother is from the philippines, we have to leave japan.
>But we're not staying together. We don't have any paperwork at
>all stating anything about custody because we haven't went
>thru the divorce process yet.
>
>My child is a US citizen with a US birth certificate and US
>passport.
>
>1. Would I get into any legal trouble if I just told her I was
>going to take him with me back to the states? Like I said we
>CAN'T stay in japan and my son either has to come with me or
>go with her.
>
>Please help in any way you can.
>
>Thank you all in advance
>
>Aaron

What you are doing is setting up to !@#$ your spouse, and keep your child from his mom. I'm not gonna help you fix this problem. Bring your spouse back to the USA with the child and try to work out a settlement so that everyone is happy. If you don't, and you continue on the current path, then even though the law may protect you, your child will likely hate your guts when he figures out what you did.

Baaaad Karma.

[Aaron23]

The visa issues will not let me get her to the states nor would she want to go due to the fact that she has no one there.  I'm looking out for the best interest of the child.  

Where she lives in the philippines is a tiny place (one room) with her whole family there, where most of the time they do not have electricity or running water.  

There is no way i'd be able to sleep at night knowing i sent my son to that sort of life.  

Please help me in any way that you can.  I'm in no way trying to screw anyone but I need what's best for my son.

[socrateaser]

If you have contacted INS, and they have offered you no option to bring your spouse into the U.S., then you can bring your child and no court will sanction you.

[Giggles]

But I do work for the Dept. of Homeland Security, Immigration and Customs Enforcement.  I am NOT a lawyer and my advice is only of my opinion and should be treated as such.

I do believe you need to do more research because as Soc said, it seems as if you're trying to %$#^& you're spouse over.  With you being in the Air Force, I'm sure the Judge Advocate may have issue with what you're trying to pull as well.  Your facts do not seem to add up.  If she is indeed your spouse, then she has full rights to enter the US with you and as a member of the US Forces, your commanding officer and/or out processing office should have made you aware of the procedures.

http://travel.state.gov/visa/immigrants/types/types_1315.html

[CGS]

Isn't there a jag office on your air base? They should be able to help you navigate the ins issues you are facing.

[socrateaser]

>But I do work for the Dept. of Homeland Security, Immigration
>and Customs Enforcement.  I am NOT a lawyer and my advice is
>only of my opinion and should be treated as such.
>
>I do believe you need to do more research because as Soc said,
>it seems as if you're trying to %$#^& you're spouse over.
>With you being in the Air Force, I'm sure the Judge Advocate
>may have issue with what you're trying to pull as well.  Your
>facts do not seem to add up.  If she is indeed your spouse,
>then she has full rights to enter the US with you and as a
>member of the US Forces, your commanding officer and/or out
>processing office should have made you aware of the
>procedures.
>
>http://travel.state.gov/visa/immigrants/types/types_1315.html

Thanks. Good info.

[MixedBag]

they are not licensed to practice civil law