Will divorce prevent a foreigner from returning to live in the US? 7 Answers as of February 02, 2011

My American boyfriend is legally separated from his German wife. They have 2 kids with dual citizenship and the children live in Germany with the wife. If he files for divorce will she have a problem moving back to the US with the kids in the future? What would she have to do to move back?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
In order for the German woman to move to the U.S. she will need a petitioner to sponsor her for permanent residency. There are options other than a marriage to a U.S. citizen. If she or he would like a consult, contact my office as indicated below to set this up.
Answer Applies to: California
Replied: 2/2/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
If she has a green card or US citizenship she won't have any issues to return.
Answer Applies to: Florida
Replied: 1/26/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
If he as the U.S. Citizen spouse never filed for her adjustment of status to that of a legal permanent resident she may be able to come to the U.S. As a visitor. As they are legally separated, there may be a problem in adjusting her status at this point.
Answer Applies to: Texas
Replied: 1/25/2011
JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Having a divorce does not automatically impact the ability to immigrate to the US. the ex-wife probably cannot immigrate through your boyfriend anymore but the kids are free to come to the US because they are US citizens. Germany has visa waiver with US, so she can come for 90 days with her children and your boyfriend cannot stop them. As far as immigrating to the US, the kids can petition for the mother when they turn 21, and their mother (the ex-wife) will be able to immigrate again.
Answer Applies to: California
Replied: 1/25/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
It depends on his wife's current immigration status.
Answer Applies to: Florida
Replied: 1/25/2011
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    I will assume she is only a German citizen. The divorce is not an issue when determining whether she can travel to the US. Usually, it is very easy for German citizen to travel (as a tourist) to the US: they do not need a visa, simply show a German passport and can stay in the US for 90 days. If she wants to move to the US, she will need some sort of visa. Whether she can get this depends on her own qualification. Minor children cannot petition for her: Only an American adult son or daughter age 21 or older can petition for her.
    Answer Applies to: California
    Replied: 1/25/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, her divorce would be totally irrelevant in regard to her admissibility for entry into the U.S. or eligibility for an appropriate visa for such entry.
    Answer Applies to: Virginia
    Replied: 1/25/2011
Click to View More Answers: