Legal Question in Immigration Law in Tennessee

son 18 just married a girl with VISA

My son against mine and my husbands wishes. Married a 18 yr old girlfriend that been living in USA for over 8 yrs. with her parents. 4 days later they want his birth certificate.. saying they all 3 can now be US citizens.. I feel this has been their plan from beginning. My son thinks hes in love at 18 and we know how that goes. But Why do they need his b. certif. and would you let him have it? Very concerned parent. We didn't attend wedding, as we dont endorse this relationship for many reasons; the girls parents and the girl planned and paid for all. What your thoughts on this matter.?


Asked on 5/14/09, 8:34 am

1 Answer from Attorneys
Melina Merino Attorney Melina Merino

Re: son 18 just married a girl with VISA

They probably need his birth certificate to show proof of his US Citizenship when filing the petition for his wife with immigration. However, by virtue of marrying a US Citizen a person does not automatically obtain US Citizenship. In this situation it seems that if he does petition for her, she would be able to obtain a conditional legal permanent residence, assuming all requirements are met. If she eventually is able to become a US Citizen (after 3 or 5 years of being a permanent resident, depending on the situation), she could be able to submit a petition for her parents down the road, but not at this time.

If you do not give them the birth certificate, you have to keep in mind that birth certificates are fairly easy to obtain, especially if the person is requesting his or her own birth certificate.

I hope this gives you a better idea regarding the process. Good Luck!

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Answered on 5/14/09, 9:53 am


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