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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16054
Experience:  Licensed Texas General Practice Attorney
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Went to Asia and met a girl. He married her approximately 2

Customer Question

Good morning,
Richard went to Asia and met a girl. He married her approximately 2 years ago (in CA), and adopted her 5 year old daughter (she is nearly 7 now). Richard is 73 and his wife is 30. Richard wants a divorce and he's pretty serious. His wife told him if she gets divorced she will be deported and take her daughter with her. This is Richard's biggest concern as he has grown very fond of his daughter. Is it true that the wife would be deported after a bit over 2 years of marriage (she said she has to be married for 5 years to stay in this country)? Would Richard have any parental rights to his adopted daughter? Also, he he has been the sole source of support.
Any help or advice would be much appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

The wife would not necessarily be "deported" after 2 years of marriage. I don't know what they did in terms of immigration, but "5 years" is typically the time limit from getting a green card (permanent residence) to becoming a citizen. If the green card was obtained during marriage, that time limit would be 3 years. Now the first two years that an immigrant has a green card due to marriage to a US citizen, that's a "conditional" permanent residence. If they divorce within the first two years, the green card would likely be revoked (although she could petition on the basis of her daughter, who would have separate right by being the legal child of a US resident). 5 years / 3 years pertains to citizenship, not presence in which she could / could not be deported. Even if she's a permanent resident (green card) she could stay.

He would have rights to his adopted daughter, and could fight for custody and at least visitation. It's unlikely given his age that the court would award him custody, but he would still have rights to visitation.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

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