Divorce prior to Greencard

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Old Aug 22nd 2007, 4:11 am
  #1  
Desp71NY
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Default Divorce prior to Greencard

Hello

My wife and I are both Mexican nationals. We married there 9 years ago
and came to the US under my working visa in 2002. My boss is now
sponsoring my grreencard and we just filed the form i-485. So we are
at least 18 months away from getting approved. And in the meantime
we'd come to a difficult point in our relationship where divorce has
been talked about as a real possibility. The problem is we have a 2
year-old, US-born daughter. If we divorce I'm pretty sure my wife
would want to go back to Mexico. Which is fine by me. Except, can she
take the child with her back to Mexico? I've heard the law is usually
on the mother's side, but is that still the case even when that would
mean taking a child, a US citizen, back to another country? I don't
want to go back to Mexico and lose everything I've worked for and try
to start from scratch on a meager Mexican salary, but I love my
daughter and don't want to lose her either. Any help would be
appreciated.

DR
 
Old Aug 22nd 2007, 12:30 pm
  #2  
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Default Re: Divorce prior to Greencard

Originally Posted by Desp71NY
Except, can she take the child with her back to Mexico?
While the child is a US citizen, it's entirely possible that she is also a citizen of Mexico... but yes, your wife can take the child to Mexico as long as she has your written permission to remove the child from US jurisdiction.

Ian
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Old Aug 22nd 2007, 4:01 pm
  #3  
Piero Giorgi
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Default Re: Divorce prior to Greencard

On Aug 21, 9:11 pm, Desp71NY <[email protected]> wrote:

> I don't want to go back to Mexico and lose everything I've worked for and try
> to start from scratch on a meager Mexican salary, but I love my
> daughter and don't want to lose her either. Any help would be
> appreciated.
>

Marriage counseling would be nice...

P
 
Old Aug 25th 2007, 8:07 am
  #4  
Enigma Boy
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Default Re: Divorce prior to Greencard

She can only take the child to mexico if she has your written permission.
Yes the law is on her side and she will get the custody of the child (if she
has a clean record) however, she cannot remove the child from the country.

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"Desp71NY" <[email protected]> wrote in message
news:[email protected] ups.com...
> Hello
>
> My wife and I are both Mexican nationals. We married there 9 years ago
> and came to the US under my working visa in 2002. My boss is now
> sponsoring my grreencard and we just filed the form i-485. So we are
> at least 18 months away from getting approved. And in the meantime
> we'd come to a difficult point in our relationship where divorce has
> been talked about as a real possibility. The problem is we have a 2
> year-old, US-born daughter. If we divorce I'm pretty sure my wife
> would want to go back to Mexico. Which is fine by me. Except, can she
> take the child with her back to Mexico? I've heard the law is usually
> on the mother's side, but is that still the case even when that would
> mean taking a child, a US citizen, back to another country? I don't
> want to go back to Mexico and lose everything I've worked for and try
> to start from scratch on a meager Mexican salary, but I love my
> daughter and don't want to lose her either. Any help would be
> appreciated.
>
> DR
>
>
 

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