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Divorce, children, return to the UK

Divorce, children, return to the UK

Old Jul 13th 2007, 4:04 pm
  #1  
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Default Divorce, children, return to the UK

A complicated situation, I'm not sure if anyone has any info.

No need to worry about the details but here's the info:

My wife and I are UK citizens with green cards
Moved here 15 years ago
Have 2 US Born Children
She is in a seriously depressed state and has decided to leave to return to the UK, I basically act as a single parent with her in the house
She has no plans, no job, nothing about moving, she's just going to go
Of course she wants to take the children, who by preference of staying in the US (not really staying with me) do not want to go.

Any knowledge of the legal aspects or how to get advice would be greatly appreciated.

Please don't worry about how this came about or who is to blame or why it's happening, this has taken a long time to develop and is actually not resolved, I'm just trying to get my ducks in a row.

Thanks
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Old Jul 13th 2007, 5:00 pm
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Default Re: Divorce, children, return to the UK

I think I posted this in the wrong place + I needed a 3rd post to get a PM I've received.
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Old Jul 13th 2007, 5:00 pm
  #3  
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Default Re: Divorce, children, return to the UK

Originally Posted by tonyoci
A complicated situation, I'm not sure if anyone has any info.

No need to worry about the details but here's the info:

My wife and I are UK citizens with green cards
Moved here 15 years ago
Have 2 US Born Children
She is in a seriously depressed state and has decided to leave to return to the UK, I basically act as a single parent with her in the house
She has no plans, no job, nothing about moving, she's just going to go
Of course she wants to take the children, who by preference of staying in the US (not really staying with me) do not want to go.

Any knowledge of the legal aspects or how to get advice would be greatly appreciated.

Please don't worry about how this came about or who is to blame or why it's happening, this has taken a long time to develop and is actually not resolved, I'm just trying to get my ducks in a row.

Thanks
Children's home is in the US. She cannot legally take them out of the country without your agreement. This would be covered by the Hague Convention -- both the US and UK are signatories. In a divorce proceedings, I would guess you would have a good chance at maintaining this status quo.

You should both get US citizenship NOW. You because you're presumably living here, and her because she might need/want to come back some day and this is the only guarantee. There is no problem holding on to your UK citizenship as well.

The fees go considerably up at the end of this month BTW.
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Old Jul 13th 2007, 5:10 pm
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Default Re: Divorce, children, return to the UK

Hey there thanks, I understand the citizenship thing and I will do that but there is currently no way I can get her to agree to do that. She has tunnel vision on her planless plan to move back to the UK
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Old Jul 13th 2007, 5:15 pm
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Default Re: Divorce, children, return to the UK

Originally Posted by tonyoci
Hey there thanks, I understand the citizenship thing and I will do that but there is currently no way I can get her to agree to do that. She has tunnel vision on her planless plan to move back to the UK
She will regret it in the end. As a mother of 2 US citizens, immigration intent is plain when visiting the US later on a VWP. Still, you can lead a horse to water....
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Old Jul 13th 2007, 6:28 pm
  #6  
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Default Re: Divorce, children, return to the UK

>You should both get US citizenship NOW. You because you're presumably
>living here, and her because she might need/want to come back some day
>and this is the only guarantee. There is no problem holding on to your
>UK citizenship as well.

Yes! Strongly concur... some Brits drag feet because they have a
feeling they will lose UK Citizenship --
(The only ptob is if you work for the US Govt or a Contractor, then Mr
Bush WILL make you give up UK Citizenship.
However the Uk Govt treat this as a nudge-nudge-wink-wink situation,
and you can regain it later (eg on retirement)....
 
Old Jul 13th 2007, 6:54 pm
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Default Re: Divorce, children, return to the UK

Originally Posted by tonyoci
Hey there thanks, I understand the citizenship thing and I will do that but there is currently no way I can get her to agree to do that. She has tunnel vision on her planless plan to move back to the UK
PLEASE do at least 3 things for your wife:

Take her to see an Immigration Attorney who can explain the likely consequences of her leaving without first obtaining citizenship. Hopefully she will pay more heed to an independent source.

Take her to see a psychiatrist - as she appears to be suffering from severe depression she probably needs both medical and psychosocial therapy.

Do not think in terms of divorce at this stage. If she leaves without getting divorced, she can still come back within a reasonable time-frame (I believe less than a year does not re-set the clock for naturalization - but please check this).

If she insists on leaving without likelihood of returning in less than a year, PLEASE do apply for a re-entry permit on her behalf. Again, you may want to seek the advice of an immigration lawyer on this.

Wishing you all the best...
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Old Jul 13th 2007, 11:18 pm
  #8  
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Default Re: Divorce, children, return to the UK

Originally Posted by tonyoci
Hey there thanks, I understand the citizenship thing and I will do that but there is currently no way I can get her to agree to do that. She has tunnel vision on her planless plan to move back to the UK
You should get your own U.S. citizenship anyway. And once again, you have the legal right to prevent her taking the children outside the United States, or at least she cannot do so without a court order.
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Old Jul 13th 2007, 11:22 pm
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Default Re: Divorce, children, return to the UK

Thanks everyone.

I reposted this in the correct place which has a lot of answers.

http://britishexpats.com/forum/showt...79#post5051579

Thanks
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