QUESTION
If we are Common law wife and husband, will this affect our daughter's petition?
Asked on May 15th, 2013 on Immigration - Texas
More details to this question:
My wife and I are living together as husband and wife for 28 years now. Our daughter will petition us this year. And I'm already separated but not legally to my first wife for 30 years. My daughter's birth certificate stated that we are the biological parents and I have a proof to show that the bond as Father and daughter really existed. Will my one and only marriage affect our petition? Up of this time, my common law wife and I are still not married and we are planning to do it here in US. And we are B1/B2 Visa holder for 10 years.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that it might. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on May 17th, 2013 at 7:56 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Your daughter can petition for both you and her mother regardless of your marital status. However, since your daughter was born outside of marriage, she must submit sufficient evidence of legitimization by you before she turned 18 years old. Its also possible that a DNA test may be required to establish paternity. You should not marry the mother of your daughter until you have legally divorced your first wife.
Answered on May 17th, 2013 at 7:03 AM