Legal Question in Immigration Law in Pennsylvania

marrying in the US due to being pregnant

I have just come down to visit my fiance and his family for thanksgiving with my father who wanted to meet my fiance's family (we are from canada-and we both entered with my passport)....and lo and behold we found out yesterday that I am about 4 weeks pregnant (i was late and thought, hmm maybe a test wouldnt hurt). We are religious and would like to marry as soon as we can, this is a very conservative area. But we want to make sure we do everything correctly. Will the USCIS think we had this baby purposely?? Plus we were just on the verge of applying for the fiancee visa, but now I dont dare to leave and go back at this point. We are wondering if we will need to contact a lawyer, or if this case sounds simple enough to manage on our own. HELP!! We want to do things right.

Asked on 11/26/08, 9:21 am

2 Answers from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.
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Re: marrying in the US due to being pregnant

Let's answer your main question of whether you need a lawyer. Self-interest would say yes because it usually (I dare not say always) makes the process smoother and less stressful for you. But with that disclaimer you may actually have a very simple case. What I would definitely recommend is that you at least CONSULT with a lawyer.

This will allow you at least know your options and what could potentially get you in trouble (and no, I don't think they will assume you got pregnant just for immigration). After your consultation you can decide if you want to hire an attorney or not.

When selecting an attorney speak to one that gives you all the information possible, not one that just says, "no problem, I can handle your case, don't worry about it."

You can contact my office and we'll let you know how to set up a consultation or just go to my website to set one up. You can email me as well. Good luck and have a great holiday.

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11/26/08, 10:20 am
Marc Seguinot Seguinot & Associates, P.C.
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Re: marrying in the US due to being pregnant

Get a good attorney who will look at your case. First of all, whether or not you got pregnant purposely is not the issue -- the issue will be whether you marry in good faith -- in other words, that you are not simply marrying your fiance for papers. You would be permitted to adjust your status from A Visa Waiver status, but you must be married and you must file the adjustment package as soon as possible. Good luck!

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11/27/08, 3:49 am

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