I am married to a permanent resident alien (green card) in NC. She has a job but makes much less than I, and we have two school-age children. If I decide to file for separation and divorce, what will happen to my wife’s ability to live in the USA, if anything? Also, will her being a resident alien affect alimony, child support, or anything else related to the divorce? What do I do when she asks to take the kids on a trip back to her home country?
You can still get divorced and resolve all marital issues even though she is not a citizen of the US. Her being a legal resident shouldn’t have any impact on the case. With respect to custody, your wife may take your children to live back to her country if you agree to allow them to go, otherwise she will have to prove in court that taking the children to her home country is in their best interests. This can be very difficult to do, especially if it means that they will not have consistent and regular contact with their father. On the other hand, if your wife wants to take them on a visit to her home country, it is likely that a court will allow her to do so unless you can show that it is likely that she has no intent to return the children to the U.S.
OK, thank you very much for your response, Ms. Russ.
You are most welcome.