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My SIL is from Columbia and is wanting a divorce from my brother. They share a child who was born in the US. She wants to go back to Columbia. Can she with their son?
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For context, I’m trying to help my SIL. She arrived in the US in Aug 2019 on a K-1 visa and immediately became pregnant. Their son was born May 2020. Things have been terrible from the get go. My brother can’t hold a job and has a gambling problem. Her immigration paperwork still isn’t done. So she has no green card. Can’t work, doesn’t have a license and now her phone has been turned off for lack of payment. She reached out to me asking for advice because she can’t handle it anymore. There’s been no physical abuse, but he’s beyond controlling and has been verbally aggressive with her. He will fight her as much as possible. She wants to divorce and return to Columbia, but won’t leave her son. And in all honesty, my nephew shouldn’t be raised by my brother. He’s just not equipped to be a single dad. And my nephew is still nursing and WAY attached to his mom. What can she do? She can’t afford an attorney and really doesn’t have much option to even contact one without a phone. What is the likelihood she could try and get back to Columbia with their son? He does have a passport. Could she just go without his permission since they are still married at this time?

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1 year ago