Bringing My Wife's Kids to the U.S. Before Getting a Divorce

State: California

Hello,

Here is my situation:

- I am a US citizen.
- Two years ago I married a Mexican citizen. She obtained her temporary green card through marriage and she should soon become a permanent resident (as soon as she sends the form to remove temporary residency status).
- We have a 2 year old son, born in the US.
- A few months ago, I reached the conclusion that our marriage is a total failure and will never work. I will spare you the details and I will not change my mind. So we have both agreed to get a divorce.
- My wife has 2 kids of her own that still live in Mexico with their grandmother. Both kids are teenagers, unmarried and are Mexican citizens without a tourist visa for the US.


My wife wants me to petition for both of her kids and bring them here in the US before we divorce.
I think that would be the least I could do for her. What bothers me in doing that is that if I do petition for them, I would become financially responsible for them (since I would have to sign an affidavit of support) in the event their Mom can not provide for them. My wife has a low paid job and it would be extremely hard for her not to fall under Poverty Guideline with 2 kids living with her in California.
She promised to me that if I bring her kids to the US, she would never bother me or ask for any help once we are legally divorced.

Is there any way I can help her bring her kids here without being responsible financially for them for the rest of my life (or until they become US citizens themselves which could take years)?
What advise do you have for me in such a situation? What can I do to protect myself? For me to bring her kids here would be a nice gesture but I could potentially have a lot to lose by doing so.

The terms of our divorce will most likely depend on how I address this issue. In other words, if I decline to petition for her kids, she will fight in court all the way.

Thanks for your help!

Brian, San Diego, CA

May I be blunt?

HELL NO. Don't do it. No no no no no. Please don't do it. Her other kids have absolutely no impact on you.

What exactly do you think she'll fight?

We have a son who is 2 years old. She will do everything in her power to get full custody.
I am also scared she will try to get all the assets she can. We have only been married 2 years and I purchased a house 8 years ago. I am scared she will try to keep the house or stay in the house (though she can't afford it).

Right. Here we go.

http://www.courts.ca.gov/1039.htm

http://www.nolo.com/legal-encycloped...age-29921.html

Start reading.

Thanks for the info.
But what is your reason for saying "No don't do it"?
It it just too risky for me?

Yes. It's far too risky for you.

I'm actually an immigrant myself. I've been part of ex-pat communities and there is a dreadful rise in the number of people who sign that I-864 without fully understanding the obligation.

These children aren't yours. What happens when they decide they don't want to work? Or become habitual students? You honestly don't want that.

But perhaps more to the point - why can't SHE get her teens here? Because she can't afford it. So that leaves you. And where is the father of these children? Does she even have custody?

I had no idea that, as a permanent resident only, she could bring her kids here in the US. I thought her kids would have to be sponsored by a US Citizen, in this case: MYSELF.
So if there's a legal way for her to bring her kids to the US by herself, I could just take care of paying the fees associated with the application and hopefully I won't be responsible financially for them as she will be the one filling the application. I just looked online and it looks like she need to fill form I-130.

A permanent resident can sponsor unmarried children.

Read here: http://www.uscis.gov/sites/default/f...urces/B1en.pdf

She can't afford to sponsor them. But if she does, you make darned sure that your name does not appear ANYWHERE.

If you are worried about losing money in a divorce, multiply that times 10 and you have a rough number about how much bringing these people illicitly into the US will likely cost you. Hope you are not planning on retirement.

You need to consult a family law attorney so you understand how the division of assets and debt works in a divorce. You also need to discuss child custody and child support.

As for bringing her children from Mexico, why was it not done earlier? If she did not care about doing so earlier in the marriage, it makes no sense to do so now other than her possibly using them for gaining additional support from you.