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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107194
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Hello, It is looking like my marriage to my wife is coming

Resolved Question:

Hello, It is looking like my marriage to my wife is coming to an end. She is American and I am british, we have a beautiful baby girl, who has just turned one. I am back in the u.k and they are in the u.s, where my baby girl was born. I wanted to know my rights, can I go for joint custody, and what does that mean, can I bring her to the u.k to see her family, and stay for as long as she is over there.
There's been no violence or abuse, but just extreme controlling issues and no wanting to resolve issues, which I have tried to do. Her mother, is a very nasty peice of work, and seems to want to get my green card removed, so playing a waiting game. I have been over there for my girls 1st birthday, and was told by friends that they had moved her passport and birth Certificate to another house. Can you help?
Submitted: 3 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 3 years ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.



First, let's make sure that you do not lose your Residency status so that you can go back and forth as needed. How long have you been outside of the U.S.? Did you apply for a Re-Entry Permit before leaving? Do you have a 2 year green card or a 10 year green card?
Customer: replied 3 years ago.
Hi, I have a two year Permanent residency, and lived in PA. I have been out for 2 months then went back for a week, now have been back in the uk for a week.
Expert:  Guillermo Senmartin replied 3 years ago.

Well, first we need to make sure that you do not spend more than 180 days outside of the U.S. and that you do not have multiple trips outside of the U.S. that add up to 180 days within any 12 month period. This is to make sure that you do not lose your Residency through abandonment. Then we have to work on removing the conditions of your Residency. You would start the divorce process in PA. Since you have not stopped residing there for more than 6 months, you are still considered under their jurisdiction and obviously so is your spouse and daughter. So PA is where you need to file. Once you start the divorce process, you will need to file an I-751 in waiver form. Here is a link:

 

 

http://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

 

 

Then you would collect evidence to prove the relationship was real but just fell apart. It can include any and all of the following:

 

 

A letter where you describe, in a very detailed fashion, the circumstances in which you met your spouse, the reasons you married, and the feelings and emotions that you had or still have towards your spouse, and why.
If you have a child or children together, the birth certificate for each child.
Wedding pictures and pictures of other moments when you and your spouse, and other members of your families and friends have been together.
Very detailed letters from people who know you and your spouse and who are witnesses that your marriage was valid, who were at your wedding, or who knew you as a married couple.
Love letters or cards that you received from your spouse while in the relationship.
Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.
Any types of documents that have both your names on them that show that you bought a car, a house, furniture, or anything else together.
Any rental or lease agreements for your home or apartment with both of your names on it or a letter from the building manager or owner proving that you lived together.
Bank or financial statements that show that you had or have a savings or checking account together.
Any insurance documents that show that you were or still are covered by your spouse's insurance plan, or that your plan covers or covered him or her.
Bills, such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse's names.
Jointly-filed Income tax papers (both your names).
An identification card that shows that shows a common address.
Membership cards for video clubs, grocery stores or similar businesses, that show joint membership.
Any other documents that prove your relationship.

 

 

Then while that is processing which should take about 8 to 12 months, you would get a receipt from USCIS extending your green card for 12 months. You would continue with your divorce. In the divorce you can ask for whatever custody you want, but the court will most likely decide what is in the best interests of the child. If you will move outside of the U.S., you could eventually lose your green card. You can maintain it for most likely up to 4 years by applying for Re-Entry Permits on form I-131 which would give you up to 2 years each time, but after the 2nd Re-Entry Permit that you get, they get harder to get and they only give it to you for 1 year at a time. Eventually you will need to live in the U.S. or you will lose the status. If you do decide to stay in the U.S. and you do not win full custody (the norm is to have shared parental responsibility and shared or joint custody with one parent being the primary custodial parent that usually ends up being the mother), you would have visitation rights. Often it is every other weekend and one day during the week each week. This can be modified, of course. But if you decide to leave the U.S. and live outside, primary custody would most likely fall to the mother and you would usually get summers and every other holiday season or something like that and that usually would be when the child get older as it may be difficult for the child to travel while young.

 

 

Regardless of what happens, as long as you are a good parent, not a danger to the child, you should get joint custody even though your child may not be primarily living with you. You would have full say in decisions about the child.

 

 

Now that I have given you an answer, you are allowed to rate me OR ask for additional information. I sincerely XXXXX XXXXX you rate me positively. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. After you rate positively, a bonus is always appreciated, and I can still answer additional questions for you without additional charge. Please do not log off without rating positively. It is VERY important for me to receive credit since I receive no salary. You are not charged again. If you would like to request me in the future, just type: FOR GUILLERMO on the subject line. Thank you!

 

 

 

Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107194
Experience: Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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