Braintree, MA asked in Immigration Law for Massachusetts

Q: What can my son do if his wife refuses to return to the US after a visit to Thailand.

She is in the US legally. Came on a Fiance visa and they got married. They have a son, born in the US. The 3 of them would go for a visit, but she might not want to return to the US with the boy.

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Chicago, IL

A: This is a challenge. There appears to be domestic issues that need to be resolved. Perhaps, marriage counseling is needed in Thailand.

If his wife wishes to abandon her lawful permanent resident status, and live in Thailand, then she and your son need to decide whether they can remain together as a married couple. There will need to be a compromise. Otherwise, there are irreconcilable differences.

I strongly recommend that your son also seeks counseling from both immigration and domestic relations attorneys, soon. Otherwise, Thailand will definitely have jurisdiction, that is control, over this child custody issue.

Efforts to remove the child from Thailand without the mom’s consent may result in international kidnapping charges. That is, both spouses must consent to a child’s travel to the U.S.

The above is general information, not legal advice, and does not create an attorney client relationship.

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