Legal Question in Immigration Law in South Carolina

My son is in the US Army. He has a girlfriend and 4 month old son that are Thai Nationals. He had planned to travel to Thailand in May or June in order for them to marry and bring her and the baby to the US. Unfortunately, he received order to deploy by the end of this month. His father and I would like legal advice on what we and or she can do to get her and our grandson to the US as soon as possible


Asked on 4/23/10, 3:03 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

Your son has to either marry her and then file a petition for her as a wife (so she can come on an immigrant visa/green card). I assume that a son is a US citizen by birth, if your son registered his birth with the nesrest US Embassy or Consulate.

Another option is to petition for her as his Fiancee, so she comes to USA on a Fiancee visa AND they MUST marry within the next 90 days of her arrival. This may or may not be convenient considering his deployment.

You and your husband can't petition for your son't girlfriend (or even a wife). He is the one who should petition for ger as his wife (if married) or fiancee (if engaged to be married within 90 days of her arrival in USA).

As a first step, he should take care of his son's USA birth certificate.

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Answered on 4/28/10, 3:14 pm


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