Story of the Move and Temporary Return
In 2022, Adema won a green card, sold her property, and moved to Chicago with her family. According to her, they built their life from scratch over nearly three years, bought a house and cars, and the children started school and kindergarten. Her husband worked, and Adema received an offer for a well-paying job.In the summer of 2025, the family traveled to Kyrgyzstan for vacation to see relatives and renew their passports. Return tickets were purchased for July 22, 2025.
"I said that if necessary, I would file for divorce, as my husband had effectively become the reason for the destruction of our family," Adema said.Despite this, her husband did not hesitate and left the family with just one suitcase.
Legal Proceedings
“On September 1, I was supposed to start working at my new job, and my daughter was to enter the first grade. We also secured a grant spot in kindergarten for our son. Now all these plans are ruined. We are living with my parents, as the children's father did not provide us with housing and has not sent a penny for their support since then,” the woman reported. According to her, their house and personal belongings remain in Chicago.In August of last year, Adema filed a lawsuit for permission for the children to travel to the USA with her without their father's consent. She noted that she could leave the country herself, as she holds a green card, but does not want to leave without her children.
"I will return to America only with them," Adzhikhodzhayeva emphasized.She also expressed concerns that without resolving the issue of their return, they might lose their permanent resident status. The woman noted that the safe period of absence to maintain status is about six months, while her family has been in Kyrgyzstan for significantly longer.
“If the matter is not resolved within two months, we will lose the opportunity to return. The green card is a unique document that allows one to live and work legally in the USA. I have spoken with other compatriots who have been waiting for their documents for years. When everything was good between my husband and me, we dreamed of raising our children in America, where his relatives live. However, after the conflict, the representatives of the children's father claimed that his decision is based on the belief that American culture may negatively affect the children, which I consider absurd,” Adzhikhodzhayeva added.
Case materials indicate that the older daughter is experiencing emotional stress due to the change in environment.
Court's Position
The judicial panel of the Bishkek City Court emphasized that “the prolonged departure of children without the consent of the other parent may create serious obstacles for their communication with their father, who lives in the USA.” “Replacing the consent of one parent with a long-term departure without an agreed mechanism for interaction with the other parent may lead to a rupture in the relationship between the children and their father, which could negatively affect their emotional and social development,” the court's ruling states.“Adema is trying to secure a better future for her children by asking for permission for them to travel to their father. However, we believe that the father, being abroad, is abusing his rights. He shows no interest in communicating with the children and does not provide financial support. The standard of living in Kyrgyzstan is not at the level it was in the USA,” lawyer Sauhtova noted.
She believes that the legal norms concerning the departure of minors are being applied in this case in a distorted and subjective manner.
“We ask the court to review all the case materials,” Sauhtova added.
Appeal to the Supreme Court
Adema Adzhikhodzhayeva is appealing to the Supreme Court, requesting a fair and impartial consideration of her case, taking into account the best interests of the children.“I want to return home with them,” she stated.The editorial team of Kaktus.media is ready to provide an opportunity for the other side to express their views.
