Anvil
recently joined
Reged: 11/30/09
Posts: 2
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Found out my wife is having an affair, no surprise. She's cheated once before. We have two children (5 and 2). She wants half, no surprise. Here in lies the problem. She's been a resident alien here from South Africa for 12 years. I don't want her deported, I want my children to have their mother in the picture. BUT, with her being a resident alien, does that mean she does not have the same legal standings in a divorce as i do? And I also read that because I live in Illinois, I could possibly sue the man who broke up the marriage. It sucks for me, but my consern now is my children and getting "screwed" out of more than I'm legal owed
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spinnerdegrassi
Carpal \'Tunnel
Reged: 08/20/06
Posts: 8014
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As a resident alien, she has pretty much the same rights as a citizen (with a few exceptions) She won't be deported. Once you have your green card, you just renew the actual card every 10 years (sort of like a drivers license). Make sure you file for custody first.
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Anvil
recently joined
Reged: 11/30/09
Posts: 2
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Thank you very much for the information. But why must I file for custody first?
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CuriousGeorge
enthusiast
Reged: 01/15/09
Posts: 216
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You need to file immediately. There is nothing to keep her from returning to South Africa and then you may never see or talk to your children again. Get a court order that limits her ability to run away with your children ASAP.
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You never know someone until you divorce them.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20193
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"I don't want her deported, I want my children to have their mother in the picture."
You don't get deported for a divorce.
"BUT, with her being a resident alien, does that mean she does not have the same legal standings in a divorce as i do?"
No.
"And I also read that because I live in Illinois, I could possibly sue the man who broke up the marriage."
Get over it. No one forced a gun to her head to cheat the first time or this time.
Have you ever filled out an I-864 for your wife?
w ww.uscis.gov/files/form/I-864.pdf
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Wantabefree
newbie
Reged: 01/27/08
Posts: 45
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File first. I was in a similar situation and the judge awarded my ex a lot just because she is bound to stay here now becuase of the kids. He gave her 75% of all assets, graduate school expenses and 2.5 year allimony for a 4 year marriage. File first, do not loose time.
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