New here and so so confused! Is there a way for my husband's ex wife to live and work in the US also?

[confusedau 0]

Hi there,

I have spent the last few weeks reading and searching, trying to make some sense of all of this immigration stuff. I cant seem to find any posts from anyone in the same situation as we are in so I thought it easier to just post myself and see if anyone can offer any advice.

My husband who is a US citizen and I are wanting to move to the US, we currently live in Australia and I am an Australian citizen. We have a child each from previous relationships. Taking my child is no problem, her father isnt bothered at all and has not had anything to do with us for years. What I am trying to work out is if there is a way that my husband's ex wife is able to live and work in the US as well? Can she do it based on the fact that her son would be in the US? From what I understand, their son is able to become a US citizen because of his father, but I cannot find anything about what that would mean if anything for his Mother?

Any advice would be muchly appreciated.

Thanks

[Penguin_ie 5,986]

No, the mother of the US child cannot move to the USA at this time. Once the child is 21, he can petition for an immigrant visa for his mother, but not as a minor. The only way she could move over now was with a work visa or similar, there is nothing her US citizen ex husband can do for her either.

Where does the child live, and does he want to move to the USA? If your husband has custody, and the mother lets him (or the courts determine it is in the best interest of the child), the child can still move to the USA and maybe visit mom in Australia in the summer.

[Harsh_77 716]

I think penguin answered correctly. Court normally determines who has the custody of the child based on it both parents must come to an agreement what would be the better option for the child.

Your husband cannot petition for ex-wife there is no relation anymore.

[NigeriaorBust 4,087]

Also if you adopt the kid that will sever the ties to his biological mother and he will NEVER be able to petition for her . ( just in case you were thinking of adopting like some step parents do )

[confusedau 0]

Thank you for your quick replies!

I understand that their son cannot sponsor his mother until he is 21 being that she would need a financial sponsor and he is only 5. Is it possible that my husband could sponsor her as a family member?

Thanks

[ATPEACE 43]

She is no longer a family member, she is the ex. He could always re-marry her, then you would not be in the picture.

[canadian_wife 1,791]

Thank you for your quick replies!

I understand that their son cannot sponsor his mother until he is 21 being that she would need a financial sponsor and he is only 5. Is it possible that my husband could sponsor her as a family member?

Thanks

But she's not a family member is she? She cannot immigrate to the US with your husband, it is very simply - there is no relatinship between your husband and her now thus no way for him to sponsor her

Good luck

[Darnell 8,478]

If she lives in a VWP country (like Australia) she could certainly come to USA to visit with the child, once or twice each year - no issues there.