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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118087
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My name is***** have a question concerning my husband

Customer Question

hi my name is***** have a question concerning my husband petitioning for his children in other country.
we ve been married 12 years but no longer live together. we also have a 13 year old son that he has no visitation with as per his choice.
my question is can he petition without me, being that he is asking for my help. I am a us citizen and he is permanent resident
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, as long as you are legally married, he needs your cooperation to petition for his children from the other country, even though he might be a permanent resident. If you refuse to cooperate he could not petition for them without you unless you get divorced and then once divorced he could try to petition them without you.
Customer: replied 2 years ago.
Tank you for your response, however I Spoke to an inmigration customer service rep and he advised me that my husband can petition for his children without my cooperation.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
As long as you are actually married and still living together, they would still need your agreement if they would be coming to stay at the marital residence.
Customer: replied 2 years ago.
we are married, he has moved out. we have a 13 year child that he has no connection with but is on child support.
Customer: replied 2 years ago.
in his petition preference classification is 203 a2a ina spouse of u know what that means/
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply and additional clarification.
If you are living separate and apart, he can petition for their visas without you.
LPR means they are a permanent green card holder as a spouse.