Are You Able To Stop Someone From Coming Back To The US ?

[Thai 0]

Let's say that lady has entered the US via K1 visa. She entered the US on August 2007, so it's 18 months since the day she got here until today. But during that 18 months, she's bêen spending more than 5 months in Vietnam already ( April 1st 2008- July 1 2008 , and Feb 27th , 2009 until now) and continuing to stay in Vietnam for a very long time.

Her situation:

She has a temp grêen card, which will expire in Dec 2009

She has a 1 year old kid with the petitioner, who is a US citizen and got a US passport, currently living with her in Vietnam.

The husband has bêen asking her to come back to the US for several times but she made up reasons to decline, therefore the husband thinks that she just waits for the right time to come back here for the 10 years grêen card.

As you can sêe, this is not a love based marriage on the lady's part, so the husband doesn't want her to come back to the US anymore. Is there anyway to stop her from coming back ? Can he divorce her without her presence in the US ? Can he take full custody of the kid and bring the kid to the US ?

Thank you

[Krikit 1,163]

Moving to the Major Changes forum.

[Boiler 43,770]

Can he stop her, no.

[kaffy 2]

She may lose her permanent resident status given her length of time spent abroad. This will be determined by the CBP officer the next time she tries to re-enter the US

[Old Dominion 26]

No, there is nothing he can do to stop her. Maybe she will be stopped at the border, maybe not.

[3600rs 24]

Let's say that lady has entered the US via K1 visa. She entered the US on August 2007, so it's 18 months since the day she got here until today. But during that 18 months, she's bêen spending more than 5 months in Vietnam already ( April 1st 2008- July 1 2008 , and Feb 27th , 2009 until now) and continuing to stay in Vietnam for a very long time.

Her situation:

She has a temp grêen card, which will expire in Dec 2009

She has a 1 year old kid with the petitioner, who is a US citizen and got a US passport, currently living with her in Vietnam.

The husband has bêen asking her to come back to the US for several times but she made up reasons to decline, therefore the husband thinks that she just waits for the right time to come back here for the 10 years grêen card.

As you can sêe, this is not a love based marriage on the lady's part, so the husband doesn't want her to come back to the US anymore. Is there anyway to stop her from coming back ? Can he divorce her without her presence in the US ? Can he take full custody of the kid and bring the kid to the US ?

Thank you

Hi :

She has a kid with the petitioner and has the temp. green card already --- There is no way she will be stopped. They both can divorce each other separately here in the US.

He can get full custody of the kid on US soil with US family law, but has less chances bringing the kid to the US from abroad.

[chuckandkim 0]

Too complicated! I got a feeling this story is heading to an unhappy ending brother.

Need to consult a lawyer Thai, before things get out of hand and you lose 1/2 of everything you own and some.

[Dau_Que 0]

Let's say that lady has entered the US via K1 visa. She entered the US on August 2007, so it's 18 months since the day she got here until today. But during that 18 months, she's bêen spending more than 5 months in Vietnam already ( April 1st 2008- July 1 2008 , and Feb 27th , 2009 until now) and continuing to stay in Vietnam for a very long time.

Her situation:

She has a temp grêen card, which will expire in Dec 2009

She has a 1 year old kid with the petitioner, who is a US citizen and got a US passport, currently living with her in Vietnam.

The husband has bêen asking her to come back to the US for several times but she made up reasons to decline, therefore the husband thinks that she just waits for the right time to come back here for the 10 years grêen card.

As you can sêe, this is not a love based marriage on the lady's part, so the husband doesn't want her to come back to the US anymore. Is there anyway to stop her from coming back ? Can he divorce her without her presence in the US ? Can he take full custody of the kid and bring the kid to the US ?

Thank you

There's no need to divorce her. Just wait til her due time to file for her 10-year perm card, then let the USCIS know she doesn't "care" to spend "quality" time with her husband in the States. The USCIs would be more than happy to "deny" her AOS by then. This case is too easy.

Note: I never said it gonna be CHEAP for the husband though. The wife WILL try to get every dime she's entitled to from the husband. (in other words, this type of wife is called "gold digger")

[Chica Yeyé 41]

Let's say that lady has entered the US via K1 visa. She entered the US on August 2007, so it's 18 months since the day she got here until today. But during that 18 months, she's bêen spending more than 5 months in Vietnam already ( April 1st 2008- July 1 2008 , and Feb 27th , 2009 until now) and continuing to stay in Vietnam for a very long time.

Her situation:

She has a temp grêen card, which will expire in Dec 2009

She has a 1 year old kid with the petitioner, who is a US citizen and got a US passport, currently living with her in Vietnam.

The husband has bêen asking her to come back to the US for several times but she made up reasons to decline, therefore the husband thinks that she just waits for the right time to come back here for the 10 years grêen card.

As you can sêe, this is not a love based marriage on the lady's part, so the husband doesn't want her to come back to the US anymore. Is there anyway to stop her from coming back ? Can he divorce her without her presence in the US ? Can he take full custody of the kid and bring the kid to the US ?

Thank you

And not much love on the part of the "gentleman" who seeks to forbid the mother of his child entrance to the US. Fortunately he can't do it. There are reasons why this woman left his azz.

Any attempt to remove the child from the mother's custody dangerously flies along the line of international kidnapping. Sick.

[Romabell 6]

[quote name='*Len*' date='Apr 20 2009, 03:51 PM' post='285695

And not much love on the part of the "gentleman" who seeks to forbid the mother of his child entrance to the US. Fortunately he can't do it. There are reasons why this woman left his azz.

Any attempt to remove the child from the mother's custody dangerously flies along the line of international kidnapping. Sick.

very well said

[justashooter 430]

And not much love on the part of the "gentleman" who seeks to forbid the mother of his child entrance to the US. Fortunately he can't do it. There are reasons why this woman left his azz.

Any attempt to remove the child from the mother's custody dangerously flies along the line of international kidnapping. Sick.

used is used. quite possibly the wife is just a scammer who had the child to nail the lid on the coffin she had shoved her "husband" into.

speaking as a man who won physical custody of 3 school aged children in a divorce with a policewoman/mother, i would tell this guy to pull out all of the stops. get the "mother" back into the states, tell her you'll take care of the baby for awhile so she can vacation, and then change the locks. the scammer may be too smart to let go of the kid, but if she does, 3 months is "provisional custody" in the eyes of the law.

[ThaitoUSA 15]

Though the wife may re-enter the United States, it may be quite a challege for her to get the conditions lifted on the GC if her husband is uncooperative. If so, she will leagally have to leave America. As well, did she receive Advanced Parole before leaving America?

[Caladan 19]

She's only been out of town a few months, in what, two visits over eighteen months? And she's visiting family? And didn't cut short what is a... six week long vacation immediately on his say so? And he thinks that's grounds for trying to ensure she doesn't come back? Is there something else going on? I feel like I'm missing some relevant detail because that sounds like an awfully big jump to a conclusion of "as you can see, she doesn't love this guy", as do the claims that she must be a gold digger and that he should divorce her right away and take the kid and make sure he changes the locks and gets custody.....

I'm sure there have to be other details here.

(For comparison, C.'s probably spent a similar amount of time in Canada with work, including most of November, December, January and February. A month last summer visiting family. Things he did not lose include: green card, marriage, etc.)

In any event, one doesn't need advance parole once one has conditional permanent residency for a two month visit, and she's nowhere near getting her permanent residency revoked. If she plans to be out of the U.S. for a year, she'd need to apply for a re-entry permit. But six weeks on her own out of town isn't anywhere near enough. If they get divorced, she can adjust on her own based on having entered the marriage in good faith and the sponsor is still on the hook per the terms of the I-864.

[tallcoolone 102]

And not much love on the part of the "gentleman" who seeks to forbid the mother of his child entrance to the US. Fortunately he can't do it. There are reasons why this woman left his azz.

Any attempt to remove the child from the mother's custody dangerously flies along the line of international kidnapping. Sick.

used is used. quite possibly the wife is just a scammer who had the child to nail the lid on the coffin she had shoved her "husband" into.

speaking as a man who won physical custody of 3 school aged children in a divorce with a policewoman/mother, i would tell this guy to pull out all of the stops. get the "mother" back into the states, tell her you'll take care of the baby for awhile so she can vacation, and then change the locks. the scammer may be too smart to let go of the kid, but if she does, 3 months is "provisional custody" in the eyes of the law.

[minimule 3]

And not much love on the part of the "gentleman" who seeks to forbid the mother of his child entrance to the US. Fortunately he can't do it. There are reasons why this woman left his azz.

well said...