If she is married to a US citizen, surely she isn't an illegal alien? Unless they married using false documents or some other illicit means, in which case there is no marriage and so no divorce; I should imagine in that case the children are hers. It sounds a very complex situation and legal advice should be sought to resolve the case. Above all, don't take advice from friends or family. Speak to someone who knows about these things; you could approach the appropriate government department - anonymously, if you like - to at least get an idea of where you stand.
If you are married, you can apply for divorce.
If an undocumented (illegal) immigrant is married to a U.S. citizen, then they are a U.S. citizen. So their divorce from another U.S. citizen won't affect the status of their child at all.
That depends on the judge. Normally in the US the mother is given custody. Although there is a trend of joint custody. It's no different than being married to a US citizen. My sister was married to Canadian and she was given full custody. It is always best to work out the arraingment with the ex.
From what I understand, you can't marry anyone who is already married (unless they divorce their current partner or become a widow)
If he is not married to the mother, he has no assumed rights to the child even if she were a citizen, so the same challenges would remain in obtaining custody.
No not an illegal immigrant but a legal one can. * If the couple were legally married the immigrant spouse can request spousal maintenance (alimony). Immigration issues are federal matters and have no bearing on domestic issues such as divorce. child custody/support which come under the jurisdiction of state not federal law.
In most jurisdictions, it is not illegal to be in a relationship with a married person. However, it is important to note that such relationships may have legal consequences, especially in regards to divorce and custody proceedings. It is always advisable to fully understand the laws in your specific jurisdiction and seek legal advice if necessary.
You need a divorce!
If the immigrant married a US citizen, then that's a done deal and she is no longer illegal. It sounds like you need to take care of your own affairs, starting with divorce proceedings.
Prior to a divorce married parents have equal parental rights.Prior to a divorce married parents have equal parental rights.Prior to a divorce married parents have equal parental rights.Prior to a divorce married parents have equal parental rights.
u can be kicked out of the country and or be put into jail and never be able to return to the us
If the 'illegal' marriage was registered then yes.