Even though your wife is illegal, she is entitled to the same domestic law process as a citizen. You could call immigration and have her deported, of course you already know this. The thing is the children are as much hers as they are yours, She will probably be allowed to take the children with her, and she will probably not be allowed back in the US for 10 years ( at least). So if you roll those dice you may crap out and never see your children untilt hey are grown or you go to the home country to see them. In addition, if you make enough noise, ICE may decided you knowingly harbored an illegal, so while she is in her country with the kids, you maybe in jail. Or you can have their mother hauled off to her country and the children will grow up remembering what you did. How they will feel about that is anybody's guess, however, I would guess that they will hate you for it.

Both of you have a lot to lose, and much can go horribly wrong. It all depends on whether you are madder at your wife than your love for your children, which way you proceed.

If I were in your shoes, I would make nice with her, and let sleeping dogs lie for the sake of the minor children that deserve both a father and a mother. There were families long before there were borders and immigration laws. Be a family.
Since the children are 6 and 2, they are considered children of tender years, and custody usually goe to the mother. In addition, her embassy may get involved, as most countries beleive they have an interest in the children of their citizens; they may very help the mother get custody and return her and the children to the home country.

You need some long hard thought , about the children, not what you want or what she wants. Both of you should have enough fear of NEVER seeing your children again to be sensible and make nice with one another. Show her this answer. I hope both of you put your children ahead of your differences.

Ok but do not forget she cannot work and she is not getting any child support for the other two kids the money she will be getting from me will not pay the rent or any bills. She also was reported to HRS for child abuse and I had to call the police on her two times my kids come to me and tell me that do not want stay with her because of her temper.

I love it when people ask questions and after my answer add more information to support their "side of the story"
I wonder what your temperment would be live if the situation was reversed. And you were in a foreign country , subject to deportation any second, never to see your children again and totally at the mercy of your spouse.
If you love your kids, you should get family counseling and try to save this marriage, because you are right about the children living in poverty without you, and they are your repsonsibility.
You knew she had children, you knew her status when you decided to marry and make a new family.
Now the focus should be on the future of these children.
The fact thatshe has very few options, makes her feel cornered. "uncorner" her. You may find her attitude greatly changed ( along with some counseling) she needs to understand why she is so miserable ( and takes it out on the children) and she needs to recognize that she is harming her children. Perhaps you should have custody, but the fact is, you cannot work and care for these small children. It does sound as if many things need to change, you could start with your priest or minister and utilize many outreach programs. I sincerely wish you and your family a good outcome.

I did go to a priest and he is try to help but it not up to us I want family counseling but I her temper that is getting in the way I do not want a divorce it is not me but I want my kids to be happy and if my 5year old son come to me and say he want to come whit my I will fight for him. The will have to go through counseling and if the kids like they told me that they blame her for this and that she is all fight with me in front them and thing like that can she lose her kids?

I knew you wanted things to work out, or otherwise you wouldn't have posted a question. I think you are on the right track. You have to act in the best interest of the children. Even though they are of tender years, if she is not nurturing them, emotionally or physically, you wilkl have to take over that role ( as you know). All I can advise, when I have had parents with very serious conlfict between the adults, is keep redirecting the proceedings to issues about the children rather than they conflict between them. If she will not acknowledge her anger issues, you will have to stand firm, that until she starts serious counseling ( sliding scale available) you will take whatever steps you feel are neccessary to protect the children from her wrath. A parent that is not in control of their anger, is a danger to their children. They ofetn become the "whipping boy" for the unhappiness of the parent.

Her mental health issues could stem from a lot of sources, only a professional can help her work through them, you cannot fix her, even though I know you want to.

I know excatly how you feel, either way we gain nothing. My kids father has no papers and he is currently in federal prison for just bein w/ his family and trying to support us. There is no law that we choose to be w/ or friends w/ an illegal immigrant. My thought is the government set it up this way to balance things out. No illigal immigrants are suppose to be here then why me a U.S. citizen on waiting list for section 8 & I make to much money for food stamps but I struggle to feed my family. They should make us priority make different application policies that they have to work to get assistance etc. cause they come here and get help right away and they have no papers. Should I quit my job wk the minimum of 30 to 35 hrs required for assistance w/ state low wages just so I can be in the same shoes now but better off than working full time w/ great compamny etc. Not fair also the same way illigal woman are protected cause of usa children should be the same w/ men. But your wife should think of the kids they will have a better life here and you should apply for pappers for her you got married in the first place so help her w/ that and even if she has to go to mexico but keep the kids here. As a mother she should now the kids will have a better life here.

To meri77qt,
you did not fail to qualify for benefits because you were a citizen; you failed to qualify because you earn to much to qualify like 88% of the rest of the people here in the US.
IF an "illegal" immigrant did recieve benefits, it is because they had a a very low income, not because the are "legal" or "illegal" residents.
Poverty is the reason most people enter or stay in the US without the legal right to so.

Anyone that that "quits working" so they are entiotled to the measly below subsistence charity of TANF, section 8
, etc. has other issues that need addressing. Like people that question other people's disability, thinking they don't "look" disabled, don't know how little SSDI is. The SSA states that the average SSDI benefit is 730.00. There is no where in the US a perseon can live independently on 730.00 a month.

TANF is not much better ( if at all).

I married an illegal immigamt wife months ago and we have a 10 month old baby. She has a work permit and is working. She now want a devorce, can she be deported and I keep my baby.

American merried to a Turkey woman for 20 months, who have a visa. We have a 10 month baby, She want a devorce. Can I have her deported and keep my baby. I believe she only married me to stay in the states.