I have a few questions, my wife wants to divorce me, she has a conditional green card, she wants to divorce me and take our daughter with her back to her country, my daughter which is born in US, I don't want to loose my daughter, Can she do that? Also she doesn't work since she came to US, do I have to have to pay child support (which I don't mind) even when they left this country? also do I have to support her as well?
2007-02-06 16:29:22 · 8 answers · asked by Worried person 1 in Politics & Government ➔ Immigration
You need a competent attorney, not Yahoo Answers.
In some instances, a foreign born spouse may maintian LPR status, in spite of a divorce, though this is not the norm.
Once you are divorced, the child custody order from a US court is enforceable in the US, though not necessarily overseas (depending on the country in question) - if she takes your child contrary to the orders of the court, it is considered a crime. Likewise, if the court orders you to pay spousal/child support, the order is also enforceable in the US, though again, not necessarily overseas.
2007-02-06 16:32:57 · answer #1 · answered by Curious1usa 7 · 3⤊ 0⤋
You really need to consult with an attorney ASAP.
In general, once the process gets to court, and after the divorce until age 18, the child cannot be permanently removed from the state without the approval of a judge.
If she's allowed to say in the USA, likely given the child, you'll have to support her in some manner based on the affidavit of support you signed for her immigration. However, the court will expect her to work too.
What country does she want to take the child to?
2007-02-06 17:10:06 · answer #2 · answered by Yak Rider 7 · 1⤊ 0⤋
We can advice you what we want but in fairness, you and your wife should talk in front of the judge or court because this is a very serious or private topic. Your wife's side must be heard too by the judge, because both of you must tell or confess to the court if who's the best parent for the child. That must be lots of debating between you and your wife in the court until the judge will give his final decision.....If ever your wife can get the custody of your child for some reasons that the judge will give favor to her, then she can stay here in U.S. permanently with your child...... If your wife will decide to go back to her country with your child, you have still to pay for the child's support and not the mother but still the money will go to the mother's name as a parent. As long as your wife and your child will maintain the U.S. Citizenship to her country, you have to pay for the child support still...........................But if the court says that your wife cannot leave the country without their permission because of your right to see your child for an arrangement, then you do not have to worry about. So Good Luck and God Bless you both and your child!
2007-02-06 17:44:38 · answer #3 · answered by Susanjbb 2 · 0⤊ 0⤋
I wouldn't know what is the situation liked in your family. If you still love her try and show her your best concern, be more considerate towards her. As for the divorce, try and use whatever means to drag it or you may even want to ring her parents up and have a talk. There might be something that she doesnt like but just refuse to let you know. So let her parents find it out. How much time do you spend with her? Do you travel often? Do you actually stay at home? She needs your attention. I don't know what is the reason of cancelling your wedding but I do believe this leaves a scar in her heart that might leaving her no confidence in you. Have a nice talk with her. Send your kids to your parents house. Dine out, have a nice little dinner...bring her to the sea calm her down. When you are in courtship what are things that makes her happy? Do it! Make her feel important in your life, dude! Please don't sign the papers.....hook or crook.... She is your wife, and wife is a female...and they need to be pampered! Good luck to you!
2016-05-24 02:02:16 · answer #4 · answered by ? 4 · 0⤊ 0⤋
Your problem is so important that it would be worth a one time fee, to an attorney to ask your questions. You really need answers soon. Also, is there a chance she might take your daughter and just leave without telling you? If you do speak to a lawyer, then ask around to some of your friends, especially any that are divorced to recommend a good lawyer. You don't want anyone second rate. You want the best! Good luck to you!
2007-02-06 16:35:32 · answer #5 · answered by Night Wind 4 · 1⤊ 0⤋
She can divorce you.
Check with the State Department to verify, but I believe that it will be difficult for your wife to take your daughter out of the country without your permission. Since your daughter is a US citizen, your claim may be strongest from the view of the state department. Make sure to keep your child in the US, once in her (wife's) native country, your wife will likely have a stronger claim. Custody is a tricky thing, but I believe that judge will decide in favor of keeping child in US, thus giving you custody.
Again, check with the State department on this. www.state.gov
Main address:
U.S. Department of State
2201 C Street NW
Washington, DC 20520
Main Switchboard:
202-647-4000
TTY:1-800-877-8339 (Federal Relay Service)
Please, please, please, contact the State department and a lawyer if you want to retain custody of your daughter.
2007-02-06 16:54:21 · answer #6 · answered by Yote 2 · 1⤊ 0⤋
best thing to do is give her the divorce. make it anything but child abuse then have her deported without the kid.if need be move for a summer.
2007-02-06 17:26:47 · answer #7 · answered by gary p 2 · 0⤊ 0⤋
damn you are in a mess........don't fool with yahoo wannabes.........talk to an attorney .......and do not let the little girl out of the country........oh_hell
2007-02-06 16:59:07 · answer #8 · answered by oh_hell_imagine_that 4 · 1⤊ 0⤋