Out of State

[tchouston]

My kid is only 26 months old

We are separated because my wife have a new boyfriend since last year, she admitted that she was dating him while I took care of our kid. In January she started to live with him in the same complex apartment because she said is was more convenient to her.

In the meanwhile I was taking care of our kid from august 2014 to end of may 2015 in the house that she paid rent because she was the only one that have a job

In June 2015 she moved to another state up north with my kid and I stayed because of my job

the 3rd week of June she return with the kid to try to get back with her boyfriend, in the meanwhile I took care of my kid, pay day care, etc because I already have a job.

Now her boyfriend needs to get out of the country and she wants to take our kid up north again

I can't go to court because she is my sponsor of my green card and she said that if I try to do that she will send me back to my country and that I wouldn't be able to see our kid again.

I have been a good parent for almost 2 years and now she wants to separate us

Do I have rights as father? would this put in danger my green card

Please help

[MixedBag]

Girlfriend?  and not wife?

We are not attorneys here for starters.

I think I'd contact immigration ASAP and get an answer to your question -- she might not be right because you have a child that is an American citizen.

Then my next stop would be family court.

[Davy]

Please consider that you being named on the child's birth certificate (or any other official document) is of most importance. 

It is also important if you are married (or not) to this person like MB asked.

Next in importance is protecting the child especially from being removed from your and child's state of residence as well as your nuturing care.

Your wife can file against you up north. Please note that I did not say "mother" because she is not functioning as a parent.   You are !!

I also strongly suggest you should NOT tell this person what you are planning do to. Just do it.  Also.  We know you understand it is important to have a job in order to maintain your child and yourself but do not let the status of your green card be the determining factor in providing for your child.  Get a new wife or a new job whatever it takes.

Your local court house MAY help you file for "Temporary Custody" and Restraining anyone from relocating the child.  At the same time your Immigration office/consolate may be helpful but not knowledgeable with issues concerning custody of children.

Just so you know my children were taken "up north".  I believe you will NOW have rights .......... best to you and your child !!!!