Category: Family Law FAQ

I am a U.S. citizen and I am engaged to a foreigner. How can I bring him/her to the U.S.?

I am a U.S. citizen and I am engaged to a foreigner. How can I bring him/her to the U.S.?

If you are a U.S. citizen you can file a K-1 fiancée petition to the INS. In the petition, you, as a U.S. citizen, must document that you in fact are a U.S. citizen; that the couple have met in person within the prior two years; that both are free to marry; and that the couple will marry within ninety days of the foreign fiancée’s entry into the U.S.

Upon approval of the INS petition, the foreign fiancée will go to the U.S. embassy/consulate in his/her home country and apply for a K-1 visa. Upon issuance, the fiancée will enter the U.S. and will be given automatic employment authorization for a period of 90 days. After the couple gets married, the alien should file the I-485 application for permanent residence.

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I am a u.s. citizen, but my spouse is not. Our child was born outside the united states and I want the child to be a u.s. citizen. How do go about it?

I am a u.s. citizen, but my spouse is not. Our child was born outside the united states and I want the child to be a u.s. citizen. How do go about it?

If your child was born after November 14, 1986 you will have to be able to demonstrate that you as a U.S. citizen were physically present in the United States for at least 5 years after you attained age 14 prior to the child’s birth. Simply obtain and file INS Form N-600, entitled “Application for Certificate of Citizenship”. It may be necessary for the child to actually live in the U.S. for a period of time down the road to avoid losing U.S. citizenship.

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I am illegal in the u.s. but entered the u.s. legally. I have just married a u.s. citizen. How do I apply for my green card?

I am illegal in the u.s. but entered the u.s. legally. I have just married a u.s. citizen. How do I apply for my green card?

After you get married, the U.S. citizen spouse must file with the INS an I-130 Relative Petition for you, together with the I-485 application for permanent residence, with all supporting documents, if you originally entered the U.S. legally. You can also apply for the employment authorization card and advance parole which will allow the alien to travel abroad pending the INS interview. Depending on the INS workload, an interview will be scheduled anywhere from 6 months to more than 1 year from the time the application is filed.

At the interview, the INS will question the couple to make sure that the marriage is bona fide, meaning that the couple did not get married solely for the purpose of getting an immigration benefit for the alien spouse. If the I-485 is approved, the alien spouse will receive a 2 year conditional Green Card. Within 90 days prior to the 2nd anniversary of receiving the Green Card, the couple must file a petition with the INS to remove the condition. Documents must be submitted to prove that the couple has a bona fide marriage, such as joint credit cards, joint bank accounts, proof of children born to the couple, joint health insurance, etc. If the INS is satisfied by the evidence submitted, the condition will be removed. If the couple fails to file the removal petition within 90 days, then the Green Card will automatically terminate.

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How can I bring my family or relatives to the united states permanently?

How can I bring my family or relatives to the united states permanently?

If you are a U.S. citizen, you may sponsor the following relatives to the United States:

(1) your spouse (husband or wife), and

(2) your sons and daughters (regardless of their age and whether or not they are married) and

(3) your parents, brothers and sisters (if you are age 21 or older).

If you are a Green Card holder you may petition for:

(1) your spouse (husband or wife) and

(2) your unmarried sons and daughters.

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I am a U.S. citizen and I am engaged to a foreigner. How can I bring him/her to the U.S.?

I am a U.S. citizen and I am engaged to a foreigner. How can I bring him/her to the U.S.?

If you are a U.S. citizen you can file a K-1 fiancée petition to the INS. In the petition, you, as a U.S. citizen, must document that you in fact are a U.S. citizen; that the couple have met in person within the prior two years; that both are free to marry; and that the couple will marry within ninety days of the foreign fiancée’s entry into the U.S.

Upon approval of the INS petition, the foreign fiancée will go to the U.S. embassy/consulate in his/her home country and apply for a K-1 visa. Upon issuance, the fiancée will enter the U.S. and will be given automatic employment authorization for a period of 90 days. After the couple gets married, the alien should file the I-485 application for permanent residence.

Click for an article on the fiancée petition.

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What is ‘equitable adoption’ or ‘adoption by estoppel?’

What is ‘equitable adoption’ or ‘adoption by estoppel?’

Equitable adoption (also called putative or constructive adoption) occurs in the situation where a parent makes certain promises or acts in a certain manner so as to create a contract between the parent and child. Equitable adoption occurs without a formal legal procedure, in other words, a parent can say or do certain things that result in the adoption of another person as his/her child even though there is no court order establishing the adoption. For example, a parent could take a minor into his/her home, and act as if s/he is the parent of the child for many years, all without ever going to court to formalize this arrangement. In such a situation there is no court order which formally states that the rights and obligations of the natural parents have been terminated and that the adoptive parents must assume these obligations and rights. Instead of being a matter of law, the principles of equity hold this parent as if s/he had formally adopted the child.

Adoption by Estoppels happens when a parent tries to deny equitable adoption. If a parent has taken a child into his/her home, and acted as the parent of that child for a number of years, even without a formal adoption procedure, that parent is prevented from then denying parentage by adoption by estoppels. Because the child was not legally adopted, s/he cannot seek action in court; however, adoption by estoppels is a remedy that is available to the child, to claim adoption by the parent.

The legal doctrines of equitable adoption and adoption by estoppels typically arise when a person who took care of a minor child for many years dies. The decedent (person who has died) may have died without a Will and the child presents a claim to all or part of the estate based on one of these doctrines. If the decedent died with a Will and the child was not mentioned in the Will, the child may still present a claim for a portion of the parent’s estate on the basis of being an omitted or pretermitted child.

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What is ‘adoption’ in a legal sense?

What is ‘adoption’ in a legal sense?

Adoption is the process through which the natural parents’ rights and obligations toward their children) are terminated, and the adoptive parents assume these rights and obligations. Once a child has been adopted, the natural or birth parents are no longer responsible for their child; the obligations that they have toward their child, likewise, cease to exist. It is as if the natural or birth parents become like any other third party with respect to the child. The adoptive parents become responsible for the child and all the obligations and rights between a parent and child are established between them.

Adoption is a process that is established by statutory law, and is treated in accordance with the laws established by the state in which the parent and child reside. The legal procedure by which a formal legal adoption occurs differs from state to state. An attorney will help you to determine the particular procedures of the state in which you live.

The primary obligation flowing from a parent to a minor child is to be responsible for his/her health, education and welfare. When a parent adopts a minor child, the parent must then provide for the needs of the child.

The primary right that a child obtains from a parent is the right of inheritance of the estate. Although this right of inheritance may be altered by a Will or Trust, or other disposition of property, in the event that a parent dies without a Will, the parent’s children are entitled to the estate (all the property that the parent owned as of the date of death). Generally, an adopted child has no rights to the estate of his or her biological parents.

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