Legal Question in Family Law in Texas
Divorce between US citizen and permanent resident immigrant
I married my wife down in South American. This gave her the status of permanent resident, and allowed her to come into the United States. After 4 and 1/2 years, she got preganant. We now have a son, and have been married for almost 8 years. We bought a house in Texas within the last 2 years. Previous to buying the house, it was owned by my mother, and we paid her rent. I lived in the house previous to our marriage.
While I have 2 career skill sets (teaching and computer networking), she watches children in our home to bring in extra money, but this ''daycare'' venture is not steady income.
She has applied for her citizenship, but she hasn't taken or passed the exam yet. She is still a permanent resident.
If one of us initiates a divorce at this point, who gets the house, and who gets custody of the child?
3 Answers from Attorneys
Re: Divorce between US citizen and permanent resident immigrant
Who gets the house and custody will be decided by a judge or jury. There are way too many factors to give you a more specific answer here. The house is community property and is divided along with the rest of the estate in a fair and just manner. Custody of the child will be in the "best interests of the child". Your wife's immigration status will be of little or no concern to the judge since she is a permenent resident. You may get an order forbidding the removal of the child from the US but that is about it.
Give me a call if you need help and live in North Texas. Good luck
Re: Divorce between US citizen and permanent resident immigrant
Mr. Pfister is exactly correct. You should hire an attorney if you wish to get a divorce. Remember, no one can guarantee what the judge will decide. The judge has a great deal of lattitude in his/her decision. Every judge I deal with spends time and effort trying to be fair and just and they listen closely before making a decision.
Re: Divorce between US citizen and permanent resident immigrant
Mr. Pfister and Ms. Sudduth are both correct in their evaluations of what you should do. However, I want to warn you that there are special considerations involved any time one spouse is a legal resident and not a citizen - especially if their residency status was acquired through the act of marriage. The specter of marriage fraud is a very real threat in such situations. My advice to you is to seek legal counsel from a family law attorney who also has a background in immigration law. Feel free to contact me if you decide to seek legal counsel. Good luck.
Stephanie t. Shipp
Attorney At Law
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