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Immigration Issues/USC/Work Visa - must marry to care for baby?


My brother is a U.S. Citizen and will soon be having a baby with a young woman who has come to the U.S. on a work permit.  They are not in love and do not want to get married, but are friends and are both genuinely intent on raising the baby in what would be a normal way for two US citizens, with shared custody and financial support.

Her work is in IT, and it will likely be a few years before her company will sponsor her green card (as they have promised to do, long-term, but the IT business is so volatile.)  They have been advised that the only way to secure a green card for her, to ensure that she could stay in the U.S. to allow my brother and her to raise the baby in tandem, is for the two of them to get married.

Is there any other way for her to apply for citizenship? Or is there another option that will allow her to stay in the U.S. and work if her company doesn't need her any more?

If there's no other answer but marriage, if they did get married to allow her to get her green card, would my brother be endangering himself for immigration fraud if he continues a relationship with his current girlfriend, who he met after the pregnancy started?  

Depending on waht country she is from, she may be able to file for the annual visa lottery they have. The odds are small that she would hit the visa lottery but as long as she remains legally in the country she could apply for the visa lottery annually. If she does not fear going to her homeland, there is no other ways accept family and employment and there is no quicker way than mariage. Immigration will probably not require a lot of proof of the marraige as they already have a child together, but they will expect a few joint bills and things.



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Robert Hollander<B> Esq.</B>



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