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    darlin105's Avatar
    darlin105 Posts: 7, Reputation: 1
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    #1

    Sep 7, 2010, 09:15 AM
    My ex husband married a Canadian woman. We have a child involved. Not sure its legal.
    My exhusband married a Canadian woman in may 2010 in Toronto. Our divorce was only final in February 2010. We have a child involved. She is now, only 3 1/2 months later, claiming to have all American rights. They frequently fly back to her house in Canada. Without my son of course. But, I know he's not working. I don't know if she is. They talk about trips to Toronto with my son. I'm afraid it's a flight risk. I think she married to move to the U.S. But, I also found out that while we were still married, he was sleeping with men. Now, he wants to work in Canada. Its all just very fishy, and I don't know what to do.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Sep 7, 2010, 09:51 AM

    You asked this in a legal forum involving immigration, but you didn't actually ask a question. So please clarify -what exactly is your question?
    BMI's Avatar
    BMI Posts: 892, Reputation: 270
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    #3

    Sep 7, 2010, 12:58 PM

    All I can say based on what you posted is that the divorce preceded any application filed for immigration purposes.

    I think you are suggesting that they married to gain status.
    darlin105's Avatar
    darlin105 Posts: 7, Reputation: 1
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    #4

    Sep 9, 2010, 11:56 AM

    BMI, I'm not sure what you mean... can you clarify? "Your past is your future?"
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #5

    Sep 9, 2010, 12:25 PM

    This seems to be more of a family-law issue.

    Check the child custody and support provisions in your divorce agreement. See if there are restrictions on international travel. For your ex-husband to immigrate to Canada with your son; generally speaking, you would need to consent.
    BMI's Avatar
    BMI Posts: 892, Reputation: 270
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    #6

    Sep 9, 2010, 12:55 PM

    Hi Darlin,

    That is part of my signature line. It has nothing to do with my response to your question.
    darlin105's Avatar
    darlin105 Posts: 7, Reputation: 1
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    #7

    Sep 9, 2010, 04:32 PM

    Okay. How can I go about seeing if she is here legally? And if she is abusive to my son, what is the penalty for illegals?
    justcurious55's Avatar
    justcurious55 Posts: 4,360, Reputation: 790
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    #8

    Sep 9, 2010, 04:54 PM
    Quote Originally Posted by darlin105 View Post
    Okay. How can I go about seeing if she is here legally? And if she is abusive to my son, what is the penalty for illegals?
    IS she being abusive towards your son? And have you reviewed the custody agreement like NYcity boy suggested?
    darlin105's Avatar
    darlin105 Posts: 7, Reputation: 1
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    #9

    Sep 10, 2010, 05:16 AM

    I have reviewed it. There's a provision for parents that live more than 100 miles apart, but nothing about international. As far as abuse... she has screamed at me, cursed at me and threatened me all in front of him. And that was slightly irritated. Who knows what she does behind closed doors. But, courts will not go on "whatifs".
    NYcityboy's Avatar
    NYcityboy Posts: 785, Reputation: 65
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    #10

    Sep 10, 2010, 05:53 AM
    Quote Originally Posted by darlin105 View Post
    I have reviewed it. There's a provision for parents that live more than 100 miles apart, but nothing about international. As far as abuse...she has screamed at me, cursed at me and threatened me all in front of him. And that was slightly irritated. Who knows what she does behind closed doors. But, courts will not go on "whatifs".
    Discuss this matter with your family-law attorney and see if it warrants a modification of the child custody agreement. Many state court systems generally start with a "whats best for the chid" standard. Focus on your son, good luck.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #11

    Sep 10, 2010, 11:17 AM
    Agree with NYcityboy...

    The fact that he remarried to an alien, illegal or not, has nothing to do with you. Your husband cannot take the child without your consent.. discuss this matter with family law attorney. Focus on the child's best interest only.


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