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.

Related Topics:
1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.