Post # 1
Long story short, my friend’s husband is moving here from Mexico permenantly. He just got his visa and I’m sure the next step is for them to be legally married here as well. They have a daughter together who’s around 2 years old.
My question for the lawyer bees is, assuming he marries my friend after being here a while, would that make him a full-fledged citizen with all the same rights as the rest of us? I’m wondering because I’m scared that if that happens and their relationship doesn’t last, that he could legally take their daughter back to Mexico with him and she would go through hell fighting to get her daughter back.
I’m scared for her because he’s emotionally controlling/abusive, and I wouldn’t put anything past him. I hope I’m wrong, but I would like to know if anyone has had any experience with this situation.
Post # 4
None of the lawyer bees will be able to give you specific advice. However, maybe your friend should see an immigration lawyer about the situation and maybe a family lawyer. Is the child a citizen of the US or Mexico or both?
Why is your friend marrying him if he is abusive?
Post # 5
I’m not an attorney but I do know that nothing could stop him from taking his child back to Mexico. It would not matter if he was a citizen in the US or not. There are international child custody disputes between citizens of many different countries. Even if she has a court order ordering him not to take his child out of the country all he has to do is get the child a passport from his country of citizenship in this case Mexico and then take them out of the country using that passport instead of the American passport. This woman’s childen were taken in 1986 she has seen them once since then. http://www.angelfire.com/rock/cribbage/gheshayan.html
Post # 6
I’m not a lawyer at all, I just know that my parents divorced when I was a baby & they always had to get each other’s permission to take me out of state. But that doesn’t mean they always did that. I’ve heard of times where the dad moves out of the country with the kid & it takes years & lots of work to get the kid back. Or the mom moves the kid out of state & the dad can’t find them.
If he’s abusive, she could file a restraining order against him & for the kid. However, it sounds like your friend wants to be with him (since you said the “next step” is for them to get married here).
This may be off topic, but I thought that if you’re married in another country & its valid, you don’t have to get re-married in other countries? Like Darling Husband & I got married in USA, but if we moved to Canada or Mexico or Africa, I don’t think we’d have to get re-married to make it legal. Right?
No one’s going to be able to say for sure except a lawyer!!
Post # 7
@Rubies: She’s been married to him for 3 years. He isn’t blatantly out there abusive, it’s kinda more subtle put downs than anything. I think she feels like she has to stay married to him for the sake of their daughter.
@canthugallcats: All I know is that according to her, the marriage isn’t considered legal here unless they file here. I bet it has a lot to do with so many people marrying Mexicans to make them legal.
On a side note, her mom is backing him in getting his visa and is making herself completely liable legally. I don’t think they realize what they’re doing and how bad it could potentially turn out. I get the part about bringing a family together and trying to keep it together, though.
Post # 8
You don’t become a citizen by way of marriage.
You only get a green card. The initial issue is valid for 3 years I think then a permanent one gets reissue after that.
I have many family members that married non citizens and my friend was a int’l student so she had to go through all that with her husband.
If your friend wants to her best bet is to speak with a immigration lawyer.