Divorcing a conditional resident alien

[kangva 0]

My wife is a conditional resident alien and we have not applied to remove the conditions. She has held her conditional green card for about a year. I'm comtemplating divorce because of likely infidelity on her part (but maybe hard to prove). What complicates matters is that we have a child together that was born in the US.

I realize that if I terminate our marriage via divorce she can apply for a waiver to gain permanent resident status but I'm not sure she will. She has told me that she wants to go back to her native country (Argentina) but she will take my son.

My question is if I file for divorce, do I have to inform USCIS right away or wait until divorce proceedings are final? Also, in cases where a child is involved who is a US citizen, can she legally take my son or is that a matter for the family courts to decide during the divorce?

Thanks for your feedback

[germangel 0]

sorry to hear that!

I don't think seh can simply take the kid with her without a court decision. This is likely to happen during the divorce.

I wish you good luck

[morocco4ever 63]

I have heard previously that when traveling abroad when taking a child they require both parents signatures approval. Keep in mind...I have just heard this, no promises.

Of course a signature can be forged....be careful!

Good luck and sorry to hear your sad news.

[meddykomp 0]

I am having difficulty obtaining a passport for a child I have custody of because his father is not around to give his authorization. So if your child does not already have a passport, you have that in your favor. If your child does have a passport you might want to look into getting an order that she cannot take your child out of the country. If you look on page 3 of your passport you will see that it gives information on what you should do in a case of parental abduction.

[Satellite 1]

As I child I traveled with only one parent and nobody asked my mother if she could take me out of the country without my father's consent.

The family courts are certainly available to your wife if she wants to bring a case to obtain full custody of the child.

Or I think there are ways to simply leave the country with your son and never return again.

Has the child obtained an Argentinian passport / citizenship through your wife as well?

If you are going to go through a divorce, I'd strongly recommend you consult with a lawyer before filing anything.

[meddykomp 0]

As I child I traveled with only one parent and nobody asked my mother if she could take me out of the country without my father's consent.

The family courts are certainly available to your wife if she wants to bring a case to obtain full custody of the child.

Or I think there are ways to simply leave the country with your son and never return again.

Has the child obtained an Argentinian passport / citizenship through your wife as well?

If you are going to go through a divorce, I'd strongly recommend you consult with a lawyer before filing anything.

Things have changed over the past decade however and you have to have both parents consent to get a passport which is necessary fly to Argentina as the OP is worried about. If the child already has a passport however, this wont help.

[idocare 3]

That's a tricky one, I don't know the answer, but I will be looking into that soon as I'm divorcing my husband who's from another country. I do plan on taking my son to his country but I haven't looked into the legal realms of it yet.

[dmartmar 1]

I went through the exact same thing with my Argentinian ex-spouse, although I was able to get her kicked out of the US W/O anything! I managed to have her abandon her AOS.

PM if anything.

[dmartmar 1]

I realize that if I terminate our marriage via divorce, she can apply for a waiver to gain permanent resident status, but I'm not sure she will. She has told me that she wants to go back to her native country (Argentina), but she will take my son.

She's lying. No, she won't go back to Argentina and yes, she will remove conditions on her own, either by claiming domestic violence before divorce or bona fide marriage after.

To make sure she doesn't have to do any of the above, and that you make things easier for her, she's using your son as a bargaining tool.

Be careful with this snake.

[aussiewench 9]

I realize that if I terminate our marriage via divorce, she can apply for a waiver to gain permanent resident status, but I'm not sure she will. She has told me that she wants to go back to her native country (Argentina), but she will take my son.

She's lying. No, she won't go back to Argentina and yes, she will remove conditions on her own, either by claiming domestic violence before divorce or bona fide marriage after.

To make sure she doesn't have to do any of the above, and that you make things easier for her, she's using your son as a bargaining tool.

Be careful with this snake.