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About James Robinson
Expertise
I was a family law attorney for 25+ years. I have been divorced twice myself. One was friendly. The other wasn`t. Let me know how I can help.

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I have been divorced twice myself. One was friendly. The other wasn't. I was a family law attorney for 25+ years.
 
   

You are here:  Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > Marriage, parental rights & immigration

Family Law (Divorce, Family Relations) - Marriage, parental rights & immigration


Expert: James Robinson - 6/19/2009

Question
Hi there! My brother who is British born recently married (in Florida) a US citizen in good faith. They have had a rocky marriage and his papers have yet to be filed for. During this time, she has had a baby for him and despite trying to work things out they have been separated. He is concerned if things don't work out in his marriage that his papers will never get filed and he'll have to leave the USA without ever seeing his child again. She has threatened him with this. Should he try and make the marriage work or can he obtain his papers and see his child if they were to divorce? Your advice is very much appreciated.

Answer
Dear Natasha

I believe that the marriage visa could be obtained now, before they are divorced. However, if they divorce within two years of obtaining the visa, it is subject to revocation. He might want to consult an immigration attorney to see if there are other ways to get a green card. Good luck.

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