Visitation for Foreign Ex-Wife

[seoular 0]

My wife (who is Vietnamese) and I have been married for three years. She has her green card, but we have lived in Vietnam for the past seven months.

Unfortunately, it appears that we are headed for divorce. My wife has agreed to grant me custody of our 2-year-old daughter (who is a U.S. citizen) and, if and when we get divorced, I plan to return to the U.S. with her. But even though things have not worked out with my wife, I still want her to be a part of my daughter's life for my daughter's sake.

My question is this:

Is it going to be difficult for my wife, as a Vietnamese citizen, to get a visa for visitation purposes after we've divorced? Is there a special visa for these circumstances? What kind of process do we need to follow?

I know that one option would be for her to return to the States with me and we could get a divorce there and she could remain in the U.S., but she doesn't want to pursue that option. She wishes to remain in Vietnam.

I greatly appreciate any advice you could give me. Thanks.

[canadian_wife 1,827]

no visa for divorced parent wishing to visit child...excpet for a tourist visa which will probably be difficult to obtain given she has a USC child. Check in the Vietnam forum for mre accurate answers

Good luck

[seoular 0]

no visa for divorced parent wishing to visit child...excpet for a tourist visa which will probably be difficult to obtain given she has a USC child. Check in the Vietnam forum for mre accurate answers

Good luck

Thank you for the info.

[Jojo92122 1,924]

My wife (who is Vietnamese) and I have been married for three years. She has her green card, but we have lived in Vietnam for the past seven months.

Unfortunately, it appears that we are headed for divorce. My wife has agreed to grant me custody of our 2-year-old daughter (who is a U.S. citizen) and, if and when we get divorced, I plan to return to the U.S. with her. But even though things have not worked out with my wife, I still want her to be a part of my daughter's life for my daughter's sake.

My question is this:

Is it going to be difficult for my wife, as a Vietnamese citizen, to get a visa for visitation purposes after we've divorced? Yes, it will be extremely difficult because she will lose her green card for failing to maintain a residence in the US as required. After losing her green card, she is like any other Vietnamese seeking a visitor visa. Her daughter living in the US will make it harder for her to overcome the presumption of illegal immigration. She may not be able to get a visa to visit the US. Is there a special visa for these circumstances? No. What kind of process do we need to follow? See my answers below.

I know that one option would be for her to return to the States with me and we could get a divorce there and she could remain in the U.S., but she doesn't want to pursue that option. She wishes to remain in Vietnam. If she does not want to return to the US, then she need to know that she may not be able to visit her daughter in the US.

I greatly appreciate any advice you could give me. Thanks.

Please let your wife know that having a US citizen child does not entitle her to visit the US. In addition, she will lose her green card by not maintaining her status as a legal permanent resident.

If she tries to apply for a visitor visa, she may not get one.

If she wants to freely visit her daughter in the US, she will need to return to the US and stay long enough to get her US citizenship. US citizenship is the only thing that will allow her to freely come and go into the US to visit her daughter.

Have her contact Mark Ellis. He is an attorney in the US who has an office in Viet Nam. He will be able to tell her the consequences of her choices. http://www.marcellislaw.com/contact.html

Edited July 28, 2011 by Jojo92122

[Ning 619]

My wife (who is Vietnamese) and I have been married for three years. She has her green card, but we have lived in Vietnam for the past seven months.

Unfortunately, it appears that we are headed for divorce. My wife has agreed to grant me custody of our 2-year-old daughter (who is a U.S. citizen) and, if and when we get divorced, I plan to return to the U.S. with her. But even though things have not worked out with my wife, I still want her to be a part of my daughter's life for my daughter's sake.

My question is this:

Is it going to be difficult for my wife, as a Vietnamese citizen, to get a visa for visitation purposes after we've divorced? Is there a special visa for these circumstances? What kind of process do we need to follow?

I know that one option would be for her to return to the States with me and we could get a divorce there and she could remain in the U.S., but she doesn't want to pursue that option. She wishes to remain in Vietnam.

I greatly appreciate any advice you could give me. Thanks.

You will never know the true answer to the question of a tourist visa until & unless she applies at some point in the future. Normaly I would agree she has no chance but this case has some unusual circumstances.

The approval or denial of a tourist visa hinges on compliance with the strongest ties rule. The need to return must outweigh the desire to stay. In this case she would be able to show she divorced, gave up her green card while knowing it would mean her child would be taken to the USA. She could have decided to return to the USA to divorce ect which would have put her in a better position to use the laws of the USA to sustain a life there with her child.

Its obvious that she wants to live in Vietnam because of her connections to the country for the expected reasons. I would assume her expectation for the future would be to be able to visit her daughter while respecting the laws of the USA. If she entered & overstayed she would place herself & child in a very difficult position. If she returned she would be able to use that as proof for future requests for a tourist visa.

Presented correctly I think she has a chance. The application should include a written statement of the facts surrounding this special situation.

[seoular 0]

Thank you very much for your input. You've been a great help. I'll discuss all of these things with her and let her decide.

[Anh map 2,098]

If she obtains US citizenship then she can come and go as she pleases.

[Harpa Timsah 13,258]

You have been living abroad for seven months? You wife could go back to the US and take up residence there and become a USC. She has probably not lost her PR status yet.

However, because she doesn't want to live in the US, why doesn't she go surrender her GC at the same time she apply for a tourist visa. In essence, she would say, "Here, I don't plan to live in the US and stay at all, in fact, I am giving up my chance to do that by turning in my GC. Please grant me a visa to visit." I see no better proof than that of intent to stay in VIetnam.

[Brother Hesekiel 2,236]

Not often known, but a Green Card can be exchanged for a B2 visa.

Why, you may wonder?

I'll tell you.

If somebody applies for a B2, the C.O. automatically has to assume immigration intent. But when a resident, who has immigrated and resided in the U.S. lawfully returns her Green Card, she automatically ceases to have immigration intent. That's why exactly she surrenders her Green Card. She's thus entitled to get a multi-entry B2 visa.

[Jojo92122 1,924]

Not often known, but a Green Card can be exchanged for a B2 visa.

Why, you may wonder?

I'll tell you.

If somebody applies for a B2, the C.O. automatically has to assume immigration intent. But when a resident, who has immigrated and resided in the U.S. lawfully returns her Green Card, she automatically ceases to have immigration intent. That's why exactly she surrenders her Green Card. She's thus entitled to get a multi-entry B2 visa.

This seems to make sense. However, a B-2 visa does not guarantee entry into the US. If a person's circumstances changes, then those changed circumstances could result in a denial at the POE.

[Brother Hesekiel 2,236]

This seems to make sense. However, a B-2 visa does not guarantee entry into the US. If a person's circumstances changes, then those changed circumstances could result in a denial at the POE.

The only document that guarantees entry into the US is a US passport.

[Jojo92122 1,924]

The only document that guarantees entry into the US is a US passport.

I guess I should be clearer in my posts.

A visa holder can be denied entry into the US and placed on the next flight back home. An LPR who the POE officer believes may have abandoned his/her LPR status is less likely to be denied entry. The LPR is more likely will be placed into formal removal proceeding before an administrative judge.

Edited July 31, 2011 by Jojo92122