Help!!!!!!!!!!

[helphelphelp 0]

This may be confusing, but here goes...

My ex wife got officially divorced from her Chilean husband just last week, Signed, sealed and delivered by the court. He went back to Chile in May, but the divorce was just finalized.

Just two days ago I find out that he is returning from Chile to seek reconciliation, which is odd considering they just got officially divorced and she posted to Facebook how happy she was that it was finally over and done with. And he's apparently arriving tomorrow!

Her business is her business, however there are our two children involved with all this and they're young and confused, as am I.

Can he just fly back to the US even though they are now divorced? Can it be done that quickly? He wasn't a citizen and had been here three years, so I don't know what status he fell under. I'm not familiar with all the terms and classifications.

I only know that he's coming Saturday and they're attempting to reconcile. And I don't know where she currently is either. Does she have to go to Childe to accompany him back to the states? Does she have to meet him in Miami, where I think he flies into? I'm concerned about my children, because I don't know what to tell them.

Am I making any sense at all? I want to tell my children something...anything...that may be happening.

Thank you for your patience and maybe someone can help?

[teeak 224]

If they got married and she petitioned for him and they were married less than 2 years then he would receive a 2-year conditional green card. Before the card expired, they would remove conditions and he would get a 10-year unconditional green card.

You're saying he had been here 3 years, so he may have his 10-year green card. Or, if they were married for more than 2 years when he first arrived in the US, then he would already have the 10-year card. Either way, it means he's a permanent resident and can come and go as long as he doesn't stay out of the US for longer than 1 year.

If he already has the 10-year GC, it doesn't matter that they divorced, he's still a permanent resident.

If they followed the fiance route, I think the timeline would shift a bit since that would mean he came to the US as a fiance, and then filed AOS to get his 2-year card.

[helphelphelp 0]

He filed as a fiancé and then they got married when he got here. So how does that change the timeline?

[tonyb919 107]

This may be confusing, but here goes...

My ex wife got officially divorced from her Chilean husband just last week, Signed, sealed and delivered by the court. He went back to Chile in May, but the divorce was just finalized.

Just two days ago I find out that he is returning from Chile to seek reconciliation, which is odd considering they just got officially divorced and she posted to Facebook how happy she was that it was finally over and done with. And he's apparently arriving tomorrow!

Her business is her business, however there are our two children involved with all this and they're young and confused, as am I.

Can he just fly back to the US even though they are now divorced? Can it be done that quickly? He wasn't a citizen and had been here three years, so I don't know what status he fell under. I'm not familiar with all the terms and classifications.

I only know that he's coming Saturday and they're attempting to reconcile. And I don't know where she currently is either. Does she have to go to Childe to accompany him back to the states? Does she have to meet him in Miami, where I think he flies into? I'm concerned about my children, because I don't know what to tell them.

Am I making any sense at all? I want to tell my children something...anything...that may be happening.

Thank you for your patience and maybe someone can help?

Extremely confusing!

Your exwife, wants to reconcile with her ex husband?

You seem to know alot about her life for someone that doesn't know where she is.

Are the children your natural children or are they children of the first ex husband?

If they are his natural children, than none of this is any of your business.

If they are your children then you can make sure that your visitation rights are still in effect....

Edited October 23, 2015 by tonyb919

[Ryan H 3,828]

Moved from What Visa Do I Need - Family Based Immigration forum to General Immigration-Related Discussion.

[helphelphelp 0]

Of course I know about her life. She lives 10 minutes away and we have children together. She doesn't have children with her ex. I have custody. What do I tell them?

[Penguin_ie 5,996]

Sounds like he has a ten year greencard and if so yes, he does not need the ex-wife for immigration anymore, he can travel as he wishes, and naturalise in 5 years after getting the greencard, though if he starts living abroad (work there, spend more time outside than inside the USA) he may eventually loose the greencard.

[aaron2020 11,651]

If he has a green card, a divorce does not revoked it. He can enter the US.

Ignore the immigration issues.

Treat this like any other breakup without mentioning immigration. "Mom divorced her husband and they are figuring out their relationship. Do you kids have any concerns?"