Urgent answers needed for serious questions,please advice/help : ( | ExpatWoman.com
 

Urgent answers needed for serious questions,please advice/help : (

4
Posts
EW NEWBIE
Latest post on 04 January 2011 - 19:56

Hi, I have been reading this awesome forum for a long while but recently become a member.I am in a quite difficult situation,all advices, suggestions etc. are more than welcome, anyways here's the story:
I am US citizen, living in Dubai, I have 7 months old daughter.She was born in Dubai,shortly after that her father's visa expired and he had to leave back to his country since he could not find job here to get visa again and i refused to go with him.Then, he left taking all the documents of my daughter like birth certificate and stuff, so now my daughter has been living in UAE without visa and passport, i have no qualifications whatsoever to sponsor my own daughter,however my mother works in Dubai and making good amount of money,so my question is, is it possible for her to sponsor my daughter with or without consent of her father? If somehow i manage to get divorce from him in UAE , would it help my mother to sponsor my daughter? Another question , right now i am under my mother's sponsorship and i recently got am offer to teach at a kindergarten,i need that job to have some kind of income for the care
of my daughter, is it illegal for me to work there and get paid while i am still under my mother's sponsorship?
I am sorry for long questions but i really don't know what do and where to start, please advice, Thanks a lot!
<em>edited by aishahmed on 05/01/2011</em>

1811
Posts
EW EXPERT
Latest post on 05 January 2011 - 21:44
The embassy should be able to help you more. A friend of mine was having terrible trouble with her husband and he took her and her kids' passports. She wanted to leave and she went to the Australian embassay and after interviewing her at length and getting witness statements they issued her and the kids new passports. There must be some sort of help available to you from your embassy. Also you need to read up on Sharia law and divorce as I don't think it's as easy for your husband as he is making out - there must be loads of info on the web and it's worth spending the time reading it all. You can surely show that your mother has been supporting you and your child and you are without support from your husband. You will be awarded custody of your baby for sure as she is so young. I think you could even go to the courts and get some advice and info there. If you really are left with no other options you may have to agree to travel with your husband to get all the paperwork in order then at the last minute get on a flight to somewhere else or institute divorce proceedings to stall matters. He has treated you horrifically and you may have to fight fire with fire for your daughter's future. Good luck and stay strong.
1100
Posts
EW OLDHAND
Latest post on 05 January 2011 - 17:44
Its not difficult for the husband to get birth certificate if he's the father. The father does not have to be a resident here, he just has to have the proof of birth, marriage cert and his passport. In fact, the mother can get the birth certificate too if she goes in with the documents. <em>edited by AdviceSeeker on 05/01/2011</em>
4
Posts
EW NEWBIE
Latest post on 05 January 2011 - 15:08
@ServantQuarters I dont know how he managed to do that but he did it somehow , he has some friends among locals , may be they helped him but he got the birth certificate and got the birth registered in his own country as well. We were married back in his country only , i have the marriage certificate though. I wish he abandoned me actually, things would have been way easier, because the process could work the way you explained.However, he will probably come back again on visit visa to either take me to court or do something else about my daughter,but he will for sure come back. I can still go to court and claim that he abandoned me and my daughter but then again what if he shows up and says he did not abandon us rather it was me not ''obeying'' him and lying to court about him, that might give negative image about me to the judge, what do u think ? @Gorobattie I cannot lie, that's one thing i cannot do , i will stick to being truthful till i solve this. Besides come on ,this is UAE , An islamic country, i would have a lot to explain to authorities if the child was born here without father... @ Estelle Thank you dear. Actually he's not supporting us at all, it's my mother doing everything for me and my daughter so far, he refuses to support me and his daughter and says i'm not entitled to ask for any support as long as i disobey him and live somewhere that he doesn't approve ... I appreciate your good wishes. By the way does anyone know any good lawyers who have experience in such cases? I don't want to waste my money once i save enough for someone who's not capable of making me win the case. Thanks a lot again.
4
Posts
EW NEWBIE
Latest post on 05 January 2011 - 15:08
@Green-ish thank you dear.. @ Sandy Dogg: He has recently offered me co-operation for the ''future'' of our daughter and told me that he'd come and take care of passport and everything if i agree to go with him and live in his country, And i am totally against that for some reasons, so i told him that it's not possible, then he started threatening me saying that he'd come and go to shariah court to petition against me for disobeying him and would ask the court either to force me and my daughter to go with him or to give the custody to him saying i'm keeping my daughter in UAE illegally so i told him that i would go to court to ask divorce from him, then he said he would never ever divorce me and shariah court would never divorce us since there's no reason at all... I don't know what to do : ( @Advice Seeker: Thanks a lot for all the information , you have given me some hope ,I don't think i can get any letter from husband allowing my mother to sponsor my daughter, he's totally against that idea. I wish my father was here but my parents are divorced and he lives in NYC now. I tried to call DNRD and ask about the new family sponsorship law, however they hold me on line and didn't give me any answer, i should better go to DNRD and speak with them face to face. Good news is that my daughter has at least citizenship of my husbands country but i cannot get passport for her from that consulate either since consent of both parents needed : ( And i refuse to give any consent to my husband cause i know if he gets the passport for my daughter, i am afraid he'd simply take my daughter away from me to his country. Your are right about fines, i think the fine is 100 AED a day, i hope i can get the fines lowered through the court cause seems like my daughter will stay here illegal for some more time , at least till i save enough money to hire a lawyer to take care of everything and solve this problem :( @americanfamily3 , Thanks a whole lot for your sincere support but i went to US consulate my dear , children gain US citizenship without any condition if they are born in US or both of parents are american, in my case i am the only American citizen and my daughter was born in UAE and that adds up extra conditions to get passport for my daughter such as consent of my husband. Actually my mom and i went to hospital with 6 cops when we told them that hospital refusing to give us birth records, we went and police spoke with head of hospital and then told us that they cannot do anything since father doesn't have any consent for release of my daughter's documents. Btw i was born and raised in NY , i gained citizenship of my husband's country through marriage, it's one of those mid east countries... I entered UAE on visit visa, then managed to do visa runs till the birth of my daughter, then my husband left and my mother sponsored me , now i am a resident. My husband was with me when i was giving birth,he was still on his visit visa. I gave birth at a private hospital in Dubai and they did not ask for residency that time. Btw about the conditions giving my baby US citizenship , i don't meet this one : The U.S. citizen parent or grandparent must have been physically present in the U.S. for five years before the child's birth, at least two of which were after age fourteen. I was in USA till i was around 10 then my parents got divorced and my mother took me to UAE , i visited USA for around a year only after that. So yeah that's another bad news @HereWeGo that's what i have been wondering as well my dear, but my husband is determined not to divorce me since he has made it clear to me many times. Anyways as i said if that's my last option, i will do everything to get divorced from him and get full custody of my child. Because as i know according to shariah ( btw my husband and i are both muslims) if the couple get divorced, the custody of children go to mother till they reach some certain age. However then the question is , would the judge help me divorcing my husband while he's not agreed to do so..
32
Posts
EW NEWBIE
Latest post on 05 January 2011 - 12:25
From what I have seen, it's a long process to prove abandonment. It's one thing that he physically left but she will also have to show bank statements to prove for example that he is not giving her any money. As they sometimes consider that if the father had to leave (due to circumstances, visas, jobs, whatever) but is still supporting the family financially or in any way (and this is where it gets complicated), then he did not abandon them. Even one transfer or payment he made since the birth is enough for the case to be put on hold and be told for them to come back later and "go home and try to work things out"... I wish you strength and I am sorry you are going through this.
476
Posts
EW EXPLORER
Latest post on 05 January 2011 - 12:15
Can't you just show up at the consulate and obtain document to your DD? Why can't you say the girl have no father, then you are the sole parent? sorry to say that, but I guess the father is not keen on taking care of his DD and he just twisting your arm... so can't you go that way? How would explain that the child has no father? Yes that would drop you in jail nicely.
5499
Posts
EW MASTER
Latest post on 05 January 2011 - 12:12
Can't you just show up at the consulate and obtain document to your DD? Why can't you say the girl have no father, then you are the sole parent? sorry to say that, but I guess the father is not keen on taking care of his DD and he just twisting your arm... so can't you go that way? How would explain that the child has no father?
476
Posts
EW EXPLORER
Latest post on 05 January 2011 - 11:52
Ok, there are a few things that concern me. How did the babys birth get registered and the father manage to order the authorities to not give out any copies, when he himself is not a resident of the country? If you were married in Dubai, then please go to the court with your certificate and request them to pull the file and give you a copy of your husbands pp. Then speak to a court assistant and ask them how you can apply for custody based on abandonment. Get a court document to state that you have sole custody of your DD. Once you have done that, the Embassy should be easier to deal with. With that court document you can apply to Immigraiton to waive the fines incurred, as you were stuck without documents due to your husband abandoning you and child. Great advice.
1170
Posts
EW OLDHAND
Latest post on 05 January 2011 - 11:47
Can't you just show up at the consulate and obtain document to your DD? Why can't you say the girl have no father, then you are the sole parent? sorry to say that, but I guess the father is not keen on taking care of his DD and he just twisting your arm... so can't you go that way?
384
Posts
EW EXPLORER
Latest post on 05 January 2011 - 11:38
Ok, there are a few things that concern me. How did the babys birth get registered and the father manage to order the authorities to not give out any copies, when he himself is not a resident of the country? If you were married in Dubai, then please go to the court with your certificate and request them to pull the file and give you a copy of your husbands pp. Then speak to a court assistant and ask them how you can apply for custody based on abandonment. Get a court document to state that you have sole custody of your DD. Once you have done that, the Embassy should be easier to deal with. With that court document you can apply to Immigraiton to waive the fines incurred, as you were stuck without documents due to your husband abandoning you and child.
123
Posts
EW NEWBIE
Latest post on 05 January 2011 - 10:06
What are your chances of getting a divorce and full custody of your child, Aisha? If you were to obtain that would that not obliterate the need for the father giving permission for any of the paperwork?
1100
Posts
EW OLDHAND
Latest post on 05 January 2011 - 09:40
americanfamily3, regarding the birth certificate, you are not able to retrieve this unless you have the fathers original passport. That is the way it is here, the father has the full rights, so its not surprising that the hospital abides by this. About the american passport, I know for my country you don't need the husband's permission but you do need the birth certificate. I hope the american embassy can help, as I agree this child is a born American and should get the passport. <em>edited by AdviceSeeker on 05/01/2011</em>
481
Posts
EW EXPLORER
Latest post on 05 January 2011 - 09:08
I hear you GleekFamily but I can't help but think of all the Mexicans that sneak over our border and have children on our soil who by default get their children automatic USA citizenship! They can't kick the mom out either now since they can't "deport" an american child! MAJOR issue back home. Neither parent was a US citizen in this case! That is a completely different case than this one as American citizenship is granted to children born on American soil. And, honestly, I'm disturbed at your use of "Mexicans that sneak over our border" as an example. The good ol' US government absolutely does deport undocumented immigrant mothers. The children are either put into foster care, guardianship is signed over by the parents or they choose to go with their families back to the poverty stricken/crime ridden streets from which they came.
481
Posts
EW EXPLORER
Latest post on 05 January 2011 - 08:49
American citizenship is not that simple if BOTH parents are not US citizens. There are a number of stipulations, all of which must be fulfilled. In order to claim citizenship, the birth records must have been recorded w/ the US Embassy here anyhow, and looks like that's not a possibility. She should still contact the US Embassy and the Embassy for whatever other passport she holds in order to gain more information. I would go to the Embassies before the police. I'm pretty sure you get fined if you don't register the birth within the right amount of time, and she doesn't need added drama.
1100
Posts
EW OLDHAND
Latest post on 05 January 2011 - 08:34
Hi Aisha, She didn't have the sole custody of her son, but she was able to get a letter from her husband allowing grandmother to sponsor. I have since spoken to her and she said if her father was here and was the main sponsor he could have sponsored his grandson. Since she went through the process I think there is a new family sponsorship law which means your mother might be able to sponsor your daughter for at least a year as a close family membership sponsor. You should contact the DNRD to ask about up to date visa options. I've read your latest post, and I think your only option is to get your daughter citizenship of your and your husbands country (which he seems to consent to). If you are able to get your mother to sponsor your daughter here you will still need his permission to get a visa. Sounds like a very difficult situation you are in, but I think its important that your daughter gets citizenship. FYI any day over your daughters 4 months you're paying fines here, I don't know how much it is but anywhere from 10-100AED a day. IF you are able to get a visa here, you'd have to appeal to the courts to get out of paying the fines. If you don't get a visa here for her, but get a passport and you decide to take her out of the country you'll still have to pay the fines.
5499
Posts
EW MASTER
Latest post on 05 January 2011 - 06:28
Same here. I'm so sorry you've drawn a blank every way you've turned, I can only imagine your frustration. I really do hope you can find someone who can help you get what you need. Hopefully unnecessary, but I would wonder if your husband is planning to try and come back and gain custody of your DD. He seems to have set everything up to hold all of her legal documentation and it seems that he's left you in a position where it's difficult to even prove she's your child. Please be careful, and I wish you both the very best of luck, I wish I could do something to help.
2340
Posts
EW EXPERT
Latest post on 05 January 2011 - 03:15
Oh aishahmed, my heart aches for you. I have no extra advice to offer but I'm sending you my prayers.
4
Posts
EW NEWBIE
Latest post on 05 January 2011 - 00:23
Wow! I wasn't expecting these many replies, i love all of you!Thanks for all answers and suggestions really, it has brought tears to my eyes. Now some updates based on your questions, I have my marriage certificate with me , that's the only document i could save from my daughter's father, i also went to the hospital to get copy of pink slip of birth record,thinking that i might be able to issue a new birth certificate but i was shocked to hear that my husband wrote a letter and gave them not to give anything from the files of my daughter to anyone including me,my mother or anyone related with me. Anyways so they said they are not authorized to give out anything as per ''order'' from my husband...I also went to al baraha hospital to see if i could get the copy of birth cert. however they asked for the passport of my husband and of course i couldn't provide that so i left there empty handed as well. @sandy dogg, my dear, my daughter has not had any visa since her birth, actually her father came here for my birth on visit visa.And had to go back after the expiration. @cyclone T. Thanks a lot for reply,it's relieving to hear that i can work with NOC from my mother : ) Btw i think my husband also got the birth registered back in his country to give his own citizenship to my baby, but it's also registered here in Dubai as he managed to get birth certificate on his own. @AmyAus 82 I appreciate for ur support , and thank you for your suggestion , i will follow your advice. I really wouldn't want my husband to find out about my plans, cause he also wants to take my daughter back to his country. Sadly , i have no qualifications at all to sponsor my daughter , that's y i was curious if my mom could sponsor her as well. @jeniawwad Just like you said , they require every each paper : ( been there and asked them about my situation, they said they could not assist since i don't possess any documents for my baby at all, besides they told me my husband called them and after giving my name and passport number, he told them that he doesn't give consent for my daughter to get US citizenship just in case if i come to apply,so that was another disappointment for me.And I also hold citizenship of the country that my husband is from and i did also went there ,then again they asked no objection letter from the father... I think he thought all the steps that i might take and was always couple of steps ahead of me :( In short i have no idea how i can get passport for my daughter..And you cannot imagine how depressing it's. @adviceseeker , i wish i was rich enough to open up a company :( But i am not. I cannot even afford a lawyer, they asked around 10k to 15k dirhams...Btw Did that person who tried to have her mother sponsor her son have the sole custody for her son? @Ms. K thanks for parking advice : ) And again thank you all for your replies, you cannot imagine how important for me to see people helping me out especially at this very hard time of my lifetime ...
54
Posts
EW NEWBIE
Latest post on 04 January 2011 - 23:57
...I think the US embassy accepts letters from the Father ... I know Glitter got her DS's passport without her DH. (and her DH is British) Did she have power of attorney? Not sure if it was power of attorney, but she did have to have get her DH to write a letter and then have the letter notarized...there should be appropriate information on the embassy website?
54
Posts
EW NEWBIE
Latest post on 04 January 2011 - 23:36
Have to echo what others have said - Go to the U. S. Consulate in Dubai during citizen services hours and talk to a consular officer about your situation. They are accustomed to dealing with this sort of thing and are in the best position to advise you. Keep in mind that parking near the Consultate is nothing short of terrible, so consider taking the metro or a taxi. Good luck!
255
Posts
EW NEWBIE
Latest post on 04 January 2011 - 23:34
...I think the US embassy accepts letters from the Father ... I know Glitter got her DS's passport without her DH. (and her DH is British) Did she have power of attorney?
1100
Posts
EW OLDHAND
Latest post on 04 January 2011 - 23:31
Difficult situation you're in... not sure how, but the first thing you need to do is get your daughter a passport. Second thing is organize a visa- things may have changed, but as far as I am aware (someone very close to me tried to have her mother, also a teacher sponsor her son) it is not possible for the grandparent to act as the sponsor of their grandchild for a resident visa. Another option you could look into is opening up a company through a company such as virtuzone. You can then organize visa's for yourself and DD (once she gets her pp) but it would cost around 18'000 per year + visa costs. As mentioned you can work with an NOC. I don't know about the US, but with some countries you can appeal and put a case together for your child, and if the father is not contactable you can still arrange a passport, but if it is possible it is a lengthy process with many hoops to jump through. Do you have dual nationality? If not, contact the US Embassy and see what options you have, and if you do have dual nationality do the same with your other embassy.
54
Posts
EW NEWBIE
Latest post on 04 January 2011 - 22:34
...I think the US embassy accepts letters from the Father ... I know Glitter got her DS's passport without her DH. (and her DH is British)
65
Posts
EW NEWBIE
Latest post on 04 January 2011 - 20:36
just a note and sorry, but this isn't really good news. To get your daughter her US passport, you will need various official documents (birth cert, marriage cert, proof of you living in the states for 5+ consecutive years, etc etc) and her father MUST be present at the embassy to actually sign documents and attest that he is the father and he knows his child is applying for a passport. If he was a US citizen/passport holder, he might not have to be physically present, but since he is not they will NOT accept your child's passport application. (unless the rules have changed drastically in the past 6 months). do you have another citizenship you can get her a passport with? I would think that for anyone to sponser her, she'd need a passport.
1579
Posts
EW EXPERT
Latest post on 04 January 2011 - 20:27
If your mother, as your sponsor, signs a letter of no objection you can work. In what country was your daughters birth registered - your husbands country or your own?
26
Posts
EW NEWBIE
Latest post on 04 January 2011 - 20:24
Wh don't you go to the hospital you gave birth at and request a copy of your baby's documents then issue a new birth certificate. You can then go to your embassy and issue a replacement passport, reporting the first stolen. Don't know about the other questions. Good luck.
369
Posts
EW EXPLORER
Latest post on 04 January 2011 - 20:19
I think because she was born shortly after her fathers visa expired the babe does not have a passport And there lies the problem
5499
Posts
EW MASTER
Latest post on 04 January 2011 - 20:13
You should also be able to get a copy of her birth certificate, and then hopefully a replacement passport. i would have thought whoever issued her visa initially would have record of it so would be able to put another in her new passport (fingers crossed!) Good luck.
369
Posts
EW EXPLORER
Latest post on 04 January 2011 - 20:11
If you were my daughter, I would suggest a lawyer. You need to navigate the laws of this country carefully to protect yourself and your child. Do you have a copy of your marriage certificate? Good luck and get a lawyers professional advice
 
 

ON EXPATWOMAN TODAY