QUESTION
If my girlfriend gets pregnant and I am not a resident would we end up separated?
Asked on Dec 10th, 2011 on Immigration - California
More details to this question:
I have been dating an American girl for two years and she is keen to start a family. I am not a US resident. I come and go out of the country as I work on a private yacht. What are the problems we face if we decide to go ahead? Do I need to get married beforehand? Are you allowed to stay in USA in this case? Obviously I would be only one bringing money into the relationship if we decide to go ahead. If she fell pregnant and I am not resident would we end up separated?
8 ANSWERS
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
1 Award
If you get married, you can stay and process for your Residency. However, this will depend on your temporary/nonimmigrant status.
Answered on Dec 16th, 2011 at 6:11 PM
Leon Wildes
If you marry her ,she can sponsor you for residence. If you do not, there is no assurance you can stay here infefinitely. Otherwise, she simply has an illegitimate child.
Answered on Dec 15th, 2011 at 11:39 AM
civil litigation Attorney serving Portland, OR
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Morinaka Schworm LLC
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A U.S. citizen can sponsor an alien for residency in this type of case if there is a family relationship. The family relationship can be created due to a marriage or a planned marriage. A U.S. citizen needs to be able to financially support the sponsored alien. If the U.S. citizen is unemployed, this can be a potential problem. However, factors such as the alien being employed and the U.S. citizen's ownership of property can help to overcome this.
Answered on Dec 15th, 2011 at 9:42 AM
2 Awards
Your question begs the question how you enter the country repeatedly? Do you have a visa that allows for multiple visits? A crewman visa? If so, depending on the type of visa, you may be able to gain permanent residence if you may her. If not, your repeated entries and exits into the country likely have made you subject to a permanent bar and you would not be able to obtain residence for at least ten years. Having a baby in and of itself does not give you any status.
Answered on Dec 15th, 2011 at 9:13 AM
You will only be allowed to live permanently in the U.S. based on your relationship of you are married and you are granted a green card. A temporary visa might be problematic because you presumably have immigrant intent given your family relations in the U.S. You should consult with an immigration attorney to explore your options.
Answered on Dec 15th, 2011 at 8:39 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
This sounds like a complicated situation best resolved with a phone or in person consultation. Currently you are likely to be coming and going on a visitor visa or visa waiver. Once you have a U.S. girl friend and/or a U.S. child then customs and Border Patrol can rightly conclude that you have indicated immigrant intent and therefore are not eligible for the visitor visa or visa waiver and can turn you around at the border on any trip here. If you do elect to get married, then she can petition for you to obtain permanent residency making it much easier for you to come and go. Alternatively if you are not ready to get married we can look at other visa types that might be more suitable that do not require you to demonstrate nonimmigrant intent.
Answered on Dec 15th, 2011 at 8:34 AM
Immigration Law Attorney serving Los Angeles, CA
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Law Offices of Alan R. Diamante APLC
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If you marry her and she petitions you, it depends on what kind of visa you have to determine if you can adjust status. Crew members are usually restricted and must do consular process from abroad.
Answered on Dec 15th, 2011 at 8:32 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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As long as your entry into the US was legal (e.g., visitor visa), then you could come, stay, get married, and apply for your green card. I would recommend waiting at least 30 to 60 days after your last entry before getting married. And of course, consult an immigration attorney before doing anything.
Answered on Dec 15th, 2011 at 8:19 AM