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Immigration Issues/i can't seem to find someone to answer my question


QUESTION: my boyfriend recently got his green card and migrated from Trinidad. we have a child (15mths) together. i have a valid visitor visa but our son has to get his, would he be able to? also when i visit him in the u.s. would it be wise for us to get married there and if so,would we be able to stay with him? thank you.

ANSWER: Vidya,
You are not eligible to apply for a visa at this time since you are not married to your boyfriend. If you had been married to him before he obtained his green card then you would have been able to get a green card too. Now you need to wait until he becomes a citizen to file for your green card. This process may take around 5 years. A

You can come to the US on a tourist visa as a tourist, but you will be unable to stay longer than the 3-6 months allowed under the tourist visa.

Ramasamy Krishnan

---------- FOLLOW-UP ----------

QUESTION: thank you but you didn't seem to answer the questions so i'll ask again- would our 15month old son be able to get a visitor's visa?i have a visitor's visa so if i go to the u.s. on a visitor's visa, would it be wise for us to get married there?

My previous answer was to your question "would we be able to stay with him?"

Like everyone else your son can apply for a visitor's visa. Will he be able to get one would depend on the consular officer. He needs to be convinced that your son will return back from the US.  

There is no harm in getting married in the US.

Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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