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  • Complex situation

    Okay here's the deal:
    I moved here from Canada in 2006, to work and to be with my partner. I came on a TN visa and became pregnant one month later. So my baby is a US citizen and I am on a visa that may or may not be renewed yearly depending on the mood of the immigration officer. I have also found out a few things recently that make me question whether I should marry my partner. Is that my only option?
    Please, informative answers only.
    Thank you

  • #2
    Okay here's the deal:
    I moved here from Canada in 2006, to work and to be with my partner. I came on a TN visa and became pregnant one month later. So my baby is a US citizen and I am on a visa that may or may not be renewed yearly depending on the mood of the immigration officer. I have also found out a few things recently that make me question whether I should marry my partner. Is that my only option?
    Please, informative answers only.
    Thank you

    Comment


    • #3
      Off the top of my head, I don't know if marriage is the only option. (There may be other employment-based visas that might be available, I'm just not sufficiently familiar with employment-based immigration law to be able to say.)

      This much, however, I think I can safely say--

      1. It wasn't entirely clear from your original message but it sounds like the birth already happened. (Congratulations, then!) But in that case, your citizen child will be unable to sponsor you as a direct relative for immigration purposes until he or she comes of legal age.

      2. Under existing U.S. policy, an unmarried parent cannot sponsor the other unmarried parent for permanent residency. On the other hand, after marriage, you could be considered as a direct relative of your American spouse without running against numerical visa limitations or any waiting periods.

      3. In a hypothetical situation, if you had a baby with American B but fell in love with American C, and then you married C, I think you would have the same result. In other words, I don't think you would be required to marry the father of the child. What will be required, however, is proof that you entered into the marriage for the reasons people typically give for marrying and not solely to obtain an immigration benefit. So you would accumulate evidence of the relationship, how the two of you met, whether you love each other, etc.

      None of the foregoing is meant to be legal advice. I'd check with an attorney regarding all of this.
      ____________
      I'm just a J.D. I cannot give legal advice, except for the following:
      See a reputable immigration attorney for help.

      Comment


      • #4
        Thank you for the advice, yep the baby is almost a year old. We might get married, I just don't want to do it because I have to, anyway I will look into getting an attorney. Thanks again.

        Comment


        • #5
          Yes financial stuff from his past, and money habits. I worry about not being abe to provide a house for my child.

          Comment


          • #6
            Geez another fraudster !!! If someone is in love with soemeone why would they worry about "financial stuff from his past". I am sure you are snow white and have never had a problem right? Ms. perfect is worried about HIM providing a HOUSE (Not an apartment or a co-op but a whole house !) just for HER child (not his !). She is telling us that she got pregnant by some guy (a bar pickup) and wants another guy to pick up the tab and buy her HER baby a house (where of couse she would be living without the guy)! Un freaking believable !

            Comment


            • #7
              To the Senior Member
              Have you ever read a book called Emotional Alchemy? I think it might help you with your issues. I'm sorry for you that someone messed you over but I would appreciate if you would not waste anymore space on this thread. Thank you.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by joanlinda:
                Okay here's the deal:
                I moved here from Canada in 2006, to work and to be with my partner. I came on a TN visa and became pregnant one month later. So my baby is a US citizen and I am on a visa that may or may not be renewed yearly depending on the mood of the immigration officer. I have also found out a few things recently that make me question whether I should marry my partner. Is that my only option?
                Please, informative answers only.
                Thank you </div></BLOCKQUOTE>
                Is your parner a USC or a Green Card holder? This will determine whether a marriage based visa is likely or not. But your partner, from the post, is living in Canada. Until the partner establishes residency in the US, you can be married, but would not be able to adjust status.

                You can adjust your TN visa to H-1b or an EB visa depending on your profession.
                "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                Comment


                • #9
                  Thanks Hudson, I will look into those VISAs, like I said I would rather get married for the right reasons if we do, the professional route is probably the best way to go! He is USC by the way.

                  Comment


                  • #10
                    thanks for the advice,you are correct about both the baby and the issue, I wasn't aware of the bad credit until after we had the baby so I was pretty upset. I guess being mad is a waste of time though and as you point out there are options.

                    Comment

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