Divorce problem with gc

Hello I am from india and got married three yrs ago to a USA citizen. I got conditional gc. We have a baby born in the USA. My husband has been very difficult and I am miserable with my marriage. I want a divorce and I want to go back to india with my baby. But I am afraid of doing this because my husband and his family can put a case on me for kidnapping my child. Please help. How can I get a divorce and take my child with me to india legally forever? Please help. Ian really desperate!

It will be absolutely 100% impossible for you to legally take a US citizen child out of the US against the USC parents wishes. That is as certain as death and taxes. If you take the child out of the US without legal permission, youll be charged with international kidnapping.

Even when both parents are USC, the courts will usually block one parent from removing the child from one state to another if the other parent doesnt want that to happen.

If you want to get custody of your child, youll need to stay in the US and get your 10-year green card. Which means filing the I-751 with a waiver, if you get divorced. Given that youve been married for 3 years and have a child together, the waiver will almost surely be granted.

Tulsi, Im sorry that your marriage has become rocky.
Why do you want to return to India with your child (also his child) for good? Dont you think your child would like to have a relationship with his/her father at some point?
I dont want to sound judgmental but you seem upset at the moment. Im sure you have good reasons to be angry with your husband. Moving back to India does not guarantee you or your child hapiness.
Take Jackolanterns advice. If divorce is imminent, divorce him and file the I-751 with waiver.
Stay in the US and secure custory of your child. He will probably be given some visitation rights. Let it be upto your child to decide if she/he wants to have a relationship with the father.
IF he is an ***, chances are your child will not want anything to do with him anyway...Good luck...

Thanks manalive

Immigration Site

National Interest Waiver 1

Other
If I got my G.C through my first marriage, should I petition for my husband or should I wait? Is it mandatory to have filed 3 tax years for I 864EZ? I-751 Tax evidence problem Green Card - Should I apply through marriage or through employer? Marriage Petition.	Any problem if I add my fiancee for a joint-bank account BEFORE marriage? AOS while spouse is not in US Parents green card interview Priority date Traveling with my wife to the US, submitting immigration docs while in the US.