Legal Question in Immigration Law in Connecticut

I am US citizen & fiance Trini

He has a b1/2 visa. He is coming to us on vacation in sept We want to marry. Can we? also he has full custody of his daughter from previous marriage. How can I adopt her once we are married.

Asked on 5/22/08, 9:16 am

2 Answers from Attorneys

Rachel Baskin Rachel Baskin, Attorney at Law

Re: I am US citizen & fiance Trini

He cannot come to the US on a Tourist visa with the intent to marry. If however, you do decide to marry at some point, either in the US or in his home country, then you will be able to sponsor him and his daughter (as long as she is under 18 at the time you marry) for their green cards.

If you have additional questions, please do not hesitate to contact me.

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Answered on 5/22/08, 11:56 am

Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: I am US citizen & fiance Trini

He may run into an "intent" issue if he comes as a visitor and then marries and stays permanently. The visitor visa has a "temporary" intent to remain in the U.S. If you two get married immediately and file then USCIS may claim that he had no intention to return to his home country. Now with that said, the process is very straight-forward if you do want to get married and file for his paperwork - just possibly avoiding the visitor route. Talk to me and we'll hash out a strategy in a few minutes. We'll discuss his daughter as well.

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Answered on 5/22/08, 2:20 pm

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