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If your legal resident spouse is deported and a dispute over your USC child occurs, what happens?

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  • If your legal resident spouse is deported and a dispute over your USC child occurs, what happens?

    Been married to a women from Mexico for the past 13 years, however, we have been living outside the US in Mexico for numerous years. We just reapplied for the I90 renewal and got the 1 year extension. I fear that during this time we may get caught or something snags us and she could get deported. If this were to happen she would want my son to stay there and I'm certain how I feel about that. I'm generations USC and want my son to be back in the US. So, what if it became an issue for her and I and it led to possible divorce (I hope not) but lets say it did. Who would have child custody right, her living in Mexico or me the USC living in the US? I know this is a tough one but I need to at least sound out all possibilities for what may happen. Is anyone familiar with divorce, deportation and child custody.

  • #2
    The wife is legal (green card) we just renewed it.

    Now, if they call us in or want more data regarding her history in the US it will be difficult to produce. During the 13 years married, 9 years we lived in the US but during this time I couldn't get her to work, get a DL, have anything to do with learning financials etc etc. So she has nothing to confirm that she lived in US, this is what may bite us in the next year while waiting for the new card.

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    • #3
      well you are her husband for 13 years...instead of thinking negatively about a divorce ..custody of the child and all that..why don't you think about a way to stay together and get her legal here...did you check with a lawyer ???

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      • #4
        So your wife was living in the U.S. illegally for 9 years......is that what you're saying?

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        • #5
          And to the poster .......he's not thinking negatively, he's thinking of all possible scenarious in the future, like he said. I think that's very wise and well-thought out.

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          • #6
            WHer's the wife in that future scenario ?????????

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            • #7
              The wife is in at least one of the future scenarios. That much is a no brainer. Another future scenario doesn't include the wife. The husband and wife are not glued at the hip, they're separate people and may have separate scenarios. The child is in ALL of the future scenarios. All the guy is doing is realistically considering all possibilities. Simple.

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              • #8
                as far as I understood the first poster claimed his wife to be a LEgal U.S. resident alien (green card holder), so why do you fear deportation? Is there a criminal activity and possible conviction going on? or is it something that you're hoping for to gain unfairly custody over your child? I'm confused...

                The second problem is in regard to the child: what's her/his nationality or citizenship? If s/he's Mexican (and not U.S.C.) and residing in Mexico at this time, it should be rather difficult to gain custody if you're returning to the U.S.

                For the sake of simplicity, I'm assuming that the child is a U.S.C. and the mother being an LPR, the child should be able to live in the U.S. and gain joined custody. As a U.S.C. the mother would be prevented from taking the child out of the country in that case, but you'd need to prove that the child as well as you and the mother are residing here in the U.S. (as far as I understood that is not the case!). You'd need to prove that you're having strong U.S. ties, paying U.S. taxes, having U.S. bank accounts, car, house, business etc.)

                Good luck!

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                • #9
                  First thanks for the replies.

                  Husband - USC
                  Wife - Legal Resident (Green Card)
                  Son - USC (born in the US)

                  We've just completed filing the I-90 renewal and received the one year extension.

                  However, as I stated, we are currently living in Mexico for the past 4 years. I know we shouldn't be out of country. Was done by her desire to be near her family etc. Prior to this yes we lived in the US but by her decision we are in Mexico, kind of cut and dry so I followed. No need to go into who, what, when, where, why, I need to focus on the now what if??
                  Problem is over the past 13 years of marriage she never made an effort to establish her self here in the USA correctly and now it is feared that if she is requested by INS to show a history of residency etc. she will fail and could face her deportation. This errors have not been by choice and I have done endless discussion regarding the need to do something about it to no end.
                  Now on the other issue, I don't wish for it to come to divorce but I must look toward the future for my SON's sake and this is prompted by the fact that things are not going great between the wife and I.
                  To clear up why think divorce is simply, It's how I'm reading her and feeling out the situation between us. Therefore, I must look at this possibility and prepare for in the event.
                  Regarding my son, regardless of anyones belief on this matter any parent should fight in any way at any time for their children so why wouldn't I, wouldn't you care enough about your child to do the same.
                  Anyway, it's for certain that if it came to divorce she would absolutly shieled me from son in Mexico by way of part culture and family dynamics and without going into endless detail my son would with no question be better with me for his health physically, mentally and security etc.

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