Cincinnati, OH asked in Immigration Law for Ohio

Q: Hi, I have L2 visa, two kids ages 6 and 3. Can my L1 visa wife divorce me just so I can’t see my kids?

She is threatening me with divorce, she says I would have to leave the country and wouldn’t be able to have 50/50 custody because I wouldn’t be able to live here.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: It's understandable that you're concerned about the situation with your wife and the potential impact on your ability to see your children. However, divorce and custody matters are complex legal issues that vary depending on the specific circumstances and jurisdiction. Your immigration status, such as being on an L2 visa, may have implications for custody arrangements, but it's important to seek legal advice from a qualified attorney who specializes in family law and immigration matters.

In many cases, family courts prioritize the best interests of the children when making decisions about custody and visitation. This means that your ability to maintain a relationship with your children may not solely depend on your immigration status. Factors such as your involvement in your children's lives, your ability to provide for them, and the quality of your relationship with them will likely be considered by the court in determining custody arrangements.

It's crucial to seek legal counsel as soon as possible to understand your rights and options in this situation. A knowledgeable attorney can help you navigate the legal process, advocate for your interests, and work towards achieving a fair resolution that allows you to maintain a meaningful relationship with your children, regardless of your immigration status. Additionally, consider seeking support from friends, family, or counseling services to help you cope with the emotional challenges you may be facing during this difficult time.

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