Legal Question in Immigration Law in New York

American woman has 2 American kids w/ex. She's fallen in love with a Canadian man and both want him to move here and get married. She is on state aid, however, he is willing to find a job in America. What can they do? If she gets pregnant would that help their case?


Asked on 8/11/14, 6:15 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

This matter is a little complex, in that it depends if the Canadian man is currently in the U.S., what country the couple marries in, if they are both legally single (i.e., never been married or legally divorced), if the Canadian has a criminal record, has overstayed a U.S. visa, etc.

Generally, a U.S. citizen spouse can petition a foreign spouse for a greencard. The U.S. citizen spouse must submit an affidavit of support, If the U.S. citizen spouse does not earn any/enough income, then a co-sponsor will be required in order for the foreign spouse to get a greencard (among other eligibility requirements).

Getting pregnant will not help the case & the foreign spouse cannot legally work without USCIS authorization.

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Answered on 8/11/14, 4:42 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello - please call my law office at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 8/25/14, 12:19 pm


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