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BEEDA BEEDA · Dec 15, 2008, 02:10 PM

My wife who is from Guatemala, I am citizen of USA, she married me in end 2006. We have a 3 month old baby, and I think she has planned all of this, just to stay here legally. Can I deport her? What options do I have?

Also, When I helped her obtain the green card, I sensed she was trying to run away from home, and she found marrying me, to be the answer. We do nothing but fight over anything, big or small, day in and day out... I work and support my family, I have done a lot for her, and helped to do stuff on her own... but she seems so uninterested in this country... like she doesn't care if she does anything or not.

Please Help

Lowtax4eva · Dec 15, 2008, 02:13 PM

First off you can't do anything... ICE (immigration and customs enforcement) are the division of the government that can deport people and it's their decision not yours.

You can't have your wife deported... even if you divorce her she still has a green card and can apply to remain in the US after the divorce, and her chance of being granted the right to remain in the US as a green card holder without a sponsor will be granted since she has a US born child.

If your unhappy divorce her and move on with your life but she is now legal in the US. If you really felt, before marriage, that she was unhappy and only wanted to be with you to get a legal status your should have not married her.

BEEDA BEEDA · Dec 15, 2008, 02:31 PM

Can she be granted custody of the baby if we divorce? I mean, she doesn't work, has no credit... doesn't drive, doesn't pay taxes... She wouldn't be suitable for the upbringing of the baby... At least I work, have a home, have a car... pay bills... wouldnt the courts take all of this into consideration at this point?

Or maybe that doesn't apply to the CA Laws here?

Lowtax4eva · Dec 15, 2008, 02:53 PM

By the time it went to a family court she could find a job... maybe.

I'm not an expert on family law but I assume you would get custody if she could not find a job or place of residence by the time it got to family court... but then again you would have to pay alimony... it's a long complicated ordeal I guess.

My expertise is more limited to the immigration laws and all I know for sure is she can't be deported after having a green card for 2 years.

BEEDA BEEDA · Dec 15, 2008, 03:38 PM

Thank you for your opinions and sound information.

As for custody and divorce... well, I guess time will tell all...

I have waited along time to marry, and that is truly the last resort. I continue to pray every night for my wife and I to talk, be open and honest with one another... even though, sometimes she makes me feel like I am just a convenience for what she wants...

As a husband, it is my duty to provide for my family, and I do just that.

I went through so much paperwork and time, and fees to bring my wife over here. I did everything the right way, and the legal way.. Now I feel as if , since she is here... my job is done, whatever goes on, goes on... that is the frustrating part of all this

1 more question?

Can my wife travel back to Guatemala and bak into the US without an actual Green Card on her person? I mean she does have the number? But what happens if she was to lose it?

stevetcg · Dec 16, 2008, 05:44 AM

If you two were to separate, her having a job would not dictate custody. The laws are designed to not have a bias to the one that makes the money. You would, however, get to support her (through your child). Depending on your state of residence a divorce, especially contested with a child could take a long time. Child support would start much faster and therefor have a home and income. Suitability as a parent is not determined by a job or taxes filed.

I am not an expert on anything, but if you read through the Family Law forum or ask questions there, you will likely find very similar information.

lawanwadee · Dec 16, 2008, 07:29 AM

You can't have her deported that easy.. what you can do is file a divorce and once the divorce is final, you must notify USCIS of your status. She might be eligible to become a permanent resident on her own if she can prove she entered marriage in good faith.

Regarding the child, you may end up with shared custody like most cases. Fit parent is not determined by wealth or employment. Don't just satisfy yourself with revenge, think of your baby's well being first...