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Spouse visa expiring and husband refuses to renew or support

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asked on Aug 11, 2022 at 16:57
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I am a Vietnamese woman married to a Malaysian Chinese man. We were married in Malaysia and have a child of 12 years. I am not working, I am only a housewife.                                                         

Recently my husband filed divorce proceedings in court against me. I have filed a cross-petition for Judicial Separation. The hearing is pending. He is also trying to evict me from the Matrimonial home which he has shifted out of recently.                                                                                    

Meanwhile, my spouse visa needs to be renewed in September, I have asked my husband but he refuses to renew it. What can I do? Is there any provision in the Immigration rules to allow renewal without support of my husband.    
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6 Answers

answered on Aug 11, 2022 at 22:14
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edited Aug 12, 2022 at 01:05
by   jeff005
@ HSSSSH

When one party file a Single Petition Divorce, nobody in this country can stop it.

Where did you get the idea of filing a cross-petition for Judicial Separation?

i,m not interested in the affairs of the adults, only care for welfare of the 12 year old child. Children are the only victim/s of any divorce.

Please answer the following Qs accurately and truthfully :

1. The child, son or daughter?

2. The child has been back to VN? If YES, under which country's passport?

3. Father's Petition, how or what are child's status declared and custody seek for? Who gets the child?

4. The Judicial Separation, who gets the child?

5.  What is your main purpose of filing for a Judicial Separation?

Is there any provision in the Immigration rules to allow renewal without support of my husband.
You should have already gone to the IMI and have enquired. They have already given you the answer.

But my answer is YES. But it is not renewal. And it is not IMI Laws..

And it all depends on the answers to the above Qs i have asked.
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answered on Aug 13, 2022 at 15:45
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Still hoping for a more useful response from someone else.

It is not true that when one party files a Single Petition Divorce, nobody in this country can stop it. The purpose of filing a cross-petition is like a counter-claim, you are asking the court to dismiss the husband's divorce petition and allow your petition for judicial separation instead. 

 Filing for Judicial Separation as a counter-claim is a common occurrence in divorce proceedings. if divorced, the spouse status visa comes to an end, it does not in a judicial separation.

My husband does not want custody care and control of our son.  So in any event the child remains with me. The child has been back to VN for a visit, naturally on a Malaysian passport, he was born here.

The purpose of filing for a Judicial Separation is clear, still married status but judicially separated, no more relationship as husband and wife. 
 
Before going to the IMI I needed to ask around, what are the possibilities? The experience of others in similar situations is useful? Don't expect the IMI people to give you the 'jalan', they would rather say, 'tak boleh lah'!

If you have any helpful suggestions there is no reason to hold back, this is a desperate appeal for help. That's why I have subjected myself to your cross-examination. Please give me some ideas as to what I can do.
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answered on Aug 13, 2022 at 16:30
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Still hoping for a more useful response from someone else
Then I excuse myself from further response.

That's why I have subjected myself to your cross-examination.
Then why are my Qs not fully answered?

The purpose of filing for a Judicial Separation is clear, still married status but judicially separated, no more relationship as husband and wife. 
Wrong..!! Read the Marital Laws carefully.
I was the sole person who wrote about the JS in this forum based on personal bad bad experience even though I am not in the legal services.

Am I a fool to state in this public forum that there is another way but not concerned with immigration laws? Is the person who taught you about JS matches with IMI Laws? You will have to leave before the LTSVP expires and if you overstay, you can be blacklisted from coming back, then your chances of winning any custody will be gone..!! The last hearing, both the husband and wife must be present in court for any favorable or unfavorable decree (to either party). My last lawsuit from my ex-wife, for reversed child custody, took 9 months to conclude. How many times can you shuttle to and fro MY?

if divorced, the spouse status visa comes to an end, it does not in a judicial separation.
Wrong again..!! Ask your JS Lawyer, the provision in MY IMI laws that states so? Which law states that a husband can be forced to sign in the LTSVP application? 
do not be misled by inaccurate interpretation of IMI Laws..!!

The experience of others in similar situations is useful?
If you have any helpful suggestions there is no reason to hold back
Read backwards the past 6 years in this forum, it has been discussed many times before. It is here and there, not in the correct section most of the time.

The ending is not pronounced because most of it is paid consultations and they do not want things to be made public. Why pay and teach others? This is a sell-fish world. Otherwise the lawyers cannot survive in this competitive world.
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answered on Aug 13, 2022 at 17:05
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edited Aug 13, 2022 at 20:00
by   jeff005
The purpose of filing a cross-petition is like a counter-claim
In a legal sense, it is just to delay the proceedings so that sumthing concrete can be worked out. Reconciliation? Remain married and have to pay for the upkeep of a foreigner wife? Which clever man will do that? Only Unique conditions by interference by the very rich Paternal Grand Parents can occur. Son ma.. same family name. The culture of VN, mother is NO.1, the culture of Malaysian Chinese, grandson is NO.1

Counter claim for wat? Damages? The claim for damages will be settled via the Divorce Petition. JS must be mutually agreed by both parties. It is akin to a mediation process, a cooling period for both parties. Any party can file for divorce down the road.

In Thailand, there is such a Mediation Court. In Malaysia the function is carried by the Marriage Bureau. New rules in China 2021, must go thru Mediation before filing for divorce.

The JS will come with other clauses which will render the JS to be defective if not properly stated /expressed.. You had undergone a divorce b4? with tenets of JS? So how sure you can be sure of a "counter-claim". The husband above have refused extension of the LTSVP, means please get away from him and as a result, from the child too. Support? It would be so much cheaper to put in Tadika.

So in any event the child remains with me.
So, the JS is about full custody of the child.
It would insane for a Divorce Judge to award full custody to a non-working foreigner mother, knowing that the Malaysian child can be taken away forever from Malaysia.. Read thru this forum about those Indon mothers who was never granted custody to the mother. There are thousands..!!

My husband does not want custody care and control of our son
Is that stated in the husband's Petition? We here, is hearing from one party only.

The child has been back to VN for a visit, naturally on a Malaysian passport, he was born here.
At this point of time, a child born to a foreigner parent holds Malaysian Nationality but not yet Malaysian Citizenship.

The child can have the Nationality of both countries (as well as passports).

Malaysia do not allow Citizenship by birthplace. Must apply to KDN subsequently.

The child have to declare the choice of single Citizenship by the age of 21.

Read the Nationality and Citizenship Laws I have written in this forum years ago. Read backwards..!! (with understanding).

Filing for Judicial Separation as a counter-claim is a common occurrence in divorce proceedings.
This is merely a hearsay. it is not common..!! (because it doesn't work).
It is commonly proposed mainly for the hefty legal fees and the purpose of being evicted from the marital home (immediately).

If a wife does not want to be with the husband anymore, can anyone stop her? Please show me the LAW on this JS..!! Vice versa...

Based on your comments about my non-usefulness comments & Qs, I therefore discharged myself from further comments /non-legal advises in this Query.

bYebYe.. Good Luck to U on your JS (Judicial Separation Application /Petition) and Custodianship of your son (if any).

As well as to any extension upon the expiry of your LTSVP.

Nota : (There is no such thingy as Spouse Visa in Malaysia).

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answered on Aug 14, 2022 at 13:22
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further Information:

https://www.quora.com/If-foreigners-give-birth-in-Malaysia-does-it-mean-their-children-would-automatically-become-Malaysian-citizen-by-birth/answer/Jeff-Lee-263?force_prompt_topic_bio=1&__filter__=all&__nsrc__=notif_page&__sncid__=30073647471&__snid3__=40656483539
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answered on Aug 22, 2022 at 01:16
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edited Aug 22, 2022 at 01:18
by   jeff005
Pursuant to the above topic :

Is Matrimonial Assets stated in the Single Petition (SP) Petition or Judicial Separation (JS) Petition?

Any mention of spouse's EPF (if any)?

What happens if the JS is written over by the SP? (It is that this JS is to make believe as a "counter-claim"). If it is not stated inside (EPF), to make further claims after divorce may not be successful as it would be considered as an "afterthought".
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