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  1. #1

    Post Divorcing an Illegal Alien with a Fake SSN

    Hello,

    I need some advice and help....My fiance has been separated from his wife for 2 years (not legally) who is in the country illegally from Mexico she's already been deported once being caught....sent back and some how got back here in 9 months again by coming across illegally. They have been married 6 years on paper. They have a 6 year old son that was born here in the USA....is he covered by law that if she is deported that he wont go?

    As of right now they are trying to get a Dissolution of marriage the lawyer knows she is an illegal she flat out told them that because she's scared that she will be deported. She has 2 other kids (mot my boyfriends). He has told her that he wants to keep it this way (Dissolution of marriage ) so it don't get nasty cause other wise if they go in front of a real judge she will end up deported is that true?

    All he wants from the marriage and she can have everything else is LEGAL 100% custody of their son in case she would try to run with him or get deported. But she don't want that for her own personal reason (not getting into that).

    Now...when they were married she USED a FAKE SSN. She files her taxes with this number as well. Is the marriage even legal?

    What steps can he take to protect his son because we are both worried that she plans to run and if she does there is no way we would be able to find her in Mexico.

    We all live in Ohio and they were married here as well.

  2. #2
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    Default Re: Divorcing an Illegal Alien with a Fake SSN

    The fact that somebody is an illegal alien, is deported, or is living outside of the country doesn't mean that they have no custody or visitation rights - although it does make it harder for them to litigate or enforce those rights through a U.S. court.

    I have no idea what you mean, in suggesting that it's somehow possible to get divorced without going in front of a "real judge". Only a "real judge" can issue a judgment of divorce. If she wishes to litigate custody issues, a "real judge" will decide those issues as well.

    If he wishes to get a custody or visitation order, that establishes their respective rights, he can seek one through the divorce court.

  3. #3

    Default Re: Divorcing an Illegal Alien with a Fake SSN

    Thanks for the reply.

    He isn't trying to take him away from her. We know she ALL rights to her son no matter legal or illegal, I didn't say that. The current arrangements will stay the same. He gets him every weekend and when he wants during the week just as they have done over the past few years. He is her son no way would he keep him from her that's been stated with the lawyers each time. As I stated above he wants full legal documents stating that he is the legal guardian in case she runs which we foresee happing cause she has made some lil remarks here and there.

    As far as the "real Judge" with the disillusions they will meet with one lawyer (who will be both of their lawyer) then go into a private room with some kinda judge I don't know the special name he gave him/her. But as the lawyer stated if they go through a Divorce it will be in front a Divorce Judge in a court room and both parties will be screened and all backgrounds will be checked etc etc.

    He is trying to do this so she doesn't get into trouble and be nice about the whole thing covering her so she wont get deported. But at the same time protecting his son, he comes 1st.

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