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DESPERATE Tennessee

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  • DESPERATE Tennessee

    This situation is complicated!! My husband is not in this country legally. We are currently working on getting him a green card. He has 2 children from a previous relationship. His children both are US citizens. However, their mother is not and is currently living in Mexico. He sends her money for the children weekly. He has kept every single receipt since she's been there as proof that he is supporting the children. Now here is where the drama begins. She will not allow him to see his children. She wants him to continue sending her money, but will not allow the children to come visit. Is there anything we can do to get some kind of visitation even if the children are living in Mexico with their mother? Please note that the children are US citizens.

  • #2
    Not until he is legally in the US. Otherwise, they will check his status when he files, and ship him back. Or, if he lies on the form and says he is legally in the US, and is caught, there will likely be jail time and then deportation. Better to wait until he's legal.
    Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.

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    • #3
      And remember, even if he does get a green card, the laws of the United States do not trump the laws of other soverign nations.

      I am going to take a guess that the mother is a citizen of Mexico, they were both illegal in the US but the children were born here, giving them US citizenship. However, they probably carry dual citizenship, so they are also citizens of Mexico.

      A US court can issue a visitaiton order, but they cannot force a mother and her children, who are legal citizens of Mexico, to leave Mexico.

      I think your husband's custody petition needs to be filed in Mexico. Even if a US court orders visition, Mexico is in no way obligated to honor that and force the mother to travel to the US, or to send her kids there.

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