Legal Question in Immigration Law in California
I am from the Philippines.I went to America sa a tourist last 2007.Unfortunately I didnt know I was pregnant and had to give birth in New York City.I filed for extension of my stay and it was approved by Immigration.I had to marry my boyfriend so my child could carry his name.I am now back in the Philippines and planning to apply for renewal of my visa. I would like to know if I need to tell the U.S embassy that I gave birth during my stay in New Yor?and got married there.I am still using my maiden name here in the Phlippines.
3 Answers from Attorneys
It doesn't matter where your child was born. If your husband is a US citizen, you have the option of applying for a green card now. For a free consultation, please contact my office at 904-371-3538 or email me at [email protected].
What is your husband's status? If he is a U.S. Citizen, it may be difficult to get a visitor visa and you may want to consider applying for a green card. Please feel free to contact me at 415-273-9123 or [email protected] to discuss this matter further.
Seeta L. Nangia, Esq.
Law Offices of Seeta Nangia
Exclusively Practicing Immigration Law
Phone: (415) 273-9123
Email: [email protected]
Website: www.nangialaw.com
�K3 Petition
Since you are already married and your spouse is outside the U.S., it would be necessary to apply for the K-3 Visa. The particular visa is considerably faster than the Consulate Processing needed to bring your spouse in as a Lawful Permanent Resident. Here, we would apply for the K-3 Visa which would take about 6 months. After, your spouse is in the U.S., the Adjustment of Status package can be filed.�
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You cannot just hide the fact you are married. This would be fraud.�
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