he was petitioned as an unmarried child,by his immigrant father.but he entered the US as a tourist,and married a US citizen.but we are legally married in an asian country where there is no divorce.can i make legal action even if i'm in another country?
126771
not unless the US supports the laws of your country.. you might nail him for bigamy..that is illegal here. But you have to ask yourself.. is it really worth it?..True in the US you can sue anyone for anything. no guarantees you'll get anything out of it.. but you can.. look it it this way. HE is some one Else's problem now.. out of your hair!
169557
Edited because of additional information.\n\nBasically, the important part of my answer holds:\nIf you become a US citizen, how you will collect depends on where you live (state / whatever). If you are living in different states but those states have no agreements, your state might issue an outstanding support warrant for his arrest, but he may never go to jail. How it will work depends on where you are living, where he is living, and how willing he is to pay.\n\nIf you do not become a US citizen, collecting child support will probably be even more difficult. In addition to the problem of state governments not cooperating, you'll have to worry about federal governments as well. And child support probably is not a top priority for international dealings.\n\nIf you are concerned about collecting *before* you become a citizen (but will become one), the situation will probably be treated the same as if you do not become a citizen, with the exception that having direct family in the US (your child) entitles you to get a speedy citizenship. I am not sure exactly how it works but you can probably find out by calling the INS (or whoever you got your visa from).\n\nIn each of these cases, because child support is a legal issue and the courts are designed specifically to prevent individuals from doing anything for themselves, you're best (really only) option is to find a lawyer who specializes in family law. Tell him/her your situation and, if he or she is not able to handle your situation, s/he will probably direct you to someone who can.\n\nNote: If you are in the United States when your child is born, the child will be a US citizen. The nationality of the baby does play a roll, and if the individual you wish to collect from is in the US, that will be a very important piece to collection. With regard to the legal process: yes, it will be completely different depending on where the child is born (or a citizen of).\n\nHTH
130770
You can file a family-based petition for a GC on his behalf. There is quite a backlog (at least 1-2 years) so be prepared to be in it for the long haul.\n\nYou don't have to be married so long as you are a US citizen over 13yrs.
376575
the fiance visa became worthless if you did not get married within the 90 days ........if the person  got married to  a US citizen ,which was the way to get the fiance visa anyway ......\nsince you did get married legally , there is not a problem , \nthe person is not illegal in the US if the mariage did take place in the time allowed .........\nplease do not fear and write to them , if there is an adjustement to be made ? \nhere is the US immigration link :\nhttp://www.uscis.gov/portal/site/uscis\njust write and ask ,it will be okay .............))\n\nIf you became a conditional resident through a marriage to a U.S. Citizen or permanent resident, submit Form I-751,\nyou can do electronically on this page :\nread please ..........\nhttp://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=54c2fed8172cd010VgnVCM100000d1f1d6a1RCRD&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1RCRD
573476
Short answer: Brining a foreign fiancee to the United States is a long and drawn out process that can take around one year.   However you can do the process yourself, without using a lawyer, assuming you are reasonably educated and that your case is fairly routine.  Start the process by following the guidelines by the US gov't at the link I've quoted below.  Also check out the asawa web site and its forums, while not official or always accurate, it contains several interesting discussion forums about bringing a filipinia spouse to the USA, including talk about visa and cultural matters.
455076
Before you marry while your still in the USA you need to File \na K-1 Fiance Visa. They will approve it or deny it. Once it is approved he can get his passport to come to the USA. You have 90 days to marry after his arrival to the USA. His Visa will be conditional and if he does not marry within the 90 days he will have overstayed his visa and a letter of deportation will be issued. Its actually not a hard process, it can be costly and can take some time to finish. Once you both are married in the USA you will need to file a 245-I application which consists of a (I-130 showing he is married to a US citizen and a 485-I is an adjustment of status) After filing this they will do a name check and then approve his greencard for 3 years. After 3 years he would then be able to file for citizenship as long as he meets the requirements.
403541
You got married so you lost your chance to come to the USA through the I-130 petition your father filed. Even if it gets approved,t he consulate will never let you come in when they find out about your marriage. There is one solution to your problem. If your father has been a resident for at least 4 yrs and 9 months, then he should go ahead and file for citizenship so that he can petition you. Once your father has been granted citizenship, then you should attach a copy of your I-130 receipt with a copy of your father's certificate of naturalization or a copy of his new US passport and a copy of your marriage certificate and your child's birth certificate asking them to change your category to " married son or daughter of a US citizen". Your mother and brother and younger sister should also mail a copy of proof of your father's naturalization and your father should follow up by calling the USCIS hotline to make sure they matched up the new evidence to their file and are processing their cases under the new faster category.\n\nOtherwise, ask your father if he can find you an employer in the US that can sponsor you or your husband for a labor certification, if you are a semi-skilled or skilled worker. That way you could come to the US through employment sponsorship. You will need an immigration lawyer to help. \n\nDon't listen to the hate filled idiots like the one above telling you to stay home. Obviously you are looking to do this the legal way, only an idiot can not see that. good luck.
69680
You need to get married before you will have a legally recognized relationship.  Once you are married you can tehn apply for him to immigrate to the US.  Alternatively, he (or you) can apply for a student or work visa (if either applies) that would allow him to live in the US.
458633
If you married a US citizen AFTER your visa expired, you may still be deported as the marriage will be seen as fake. \n\nYou will NOT automatically be allowed to stay just because you married a citizen. You still have to apply and go through the whole long process.  The usual process is for the foreign spouse to remain outside USA and the US citizen to apply from inside. Yes you will be separated, but that is how the process works - no exceptions. \n\nTo those who say that things will improve once you marry a US citizen - they are wrong.
131079
It's almost impossible to get a visa just to visit USA from certain countries. If he doesn't have American citizenship, I'm not sure what his options are. \nIf he is American, he either needs to come there to live with you or at least get married there, and then you can go to the American embassy in your country & apply for a petition for an alien relative. You will be asked questions at the petition interview to make sure the relationship is a real marriage. If they determine it is, they will approve your application. Then you can get an appointment @  the embassy for an interview for a visa. Remember your husband is your sponsor and has to show 3 years of income tax returns to prove he can support you here.\nI know these facts are true because my husband is egyptian and we just went through this process. We got the petition and visa approved in a little less than 3 months.\nWhat is your fiance's problem that he can't go to Russia to live? Or to at least marry you there, if he loves you and wants you to come to USA to live? He has to be willing to help you in any way he can. You can't do it alone. If he won't do whatever is necessary, maybe he's not sincere with you. \nGood luck & best wishes to you.\nIf you get to come, welcome to America! It is truly beautiful!
529294
If she is over 18 and her dad never claimed US citizenship, she is SOL.  She is not nor can she claim US citizenship.  My wife was the same way, it sucks, but thats the law.\nP.S. In 1943 the Japanese ran the Philippines, any American would have been in a POW camp.
483166
The rule is that you can apply for citizenship three months prior to the fifth anniversary of the date you get permanent residence - the date on the Green Card.  However, if the purpose of the application was to get married to a US citizen, then it is three years, not five.  On the assumption that he came to the US legally and he obtained his Green Card in the normal course of events, his five year anniversary will take precedence.  The marriage will have no effect on his ability to take citizenship.  \n\nIf, however, he was here illegally and he is becoming legal to get married, I really am not sure of the rules.  Frankly, if that is the case, I would strongly recommend an immigration attorney.
600360
Shawn, apperantly some of these people don't have any clue.You should really be careful asking questions like this on an openly opinionated forum such as this. True, if you're a US citizen, then your children are also but you need to file the right documents in the country where they are born, and submit it along with a DNA result the confirms your paternity.And as far as "her" visa, it varies depending on what country she is from. There isn't a level playing field where those are concerned. In most cases, under the K-visa program, a K-3(spouse) visa takes longer to process than a K-1(fiance) visa. Don't know why but think it has something to due with the process and requirements. CONSULT AN ATTORNEY! You might sponsor her or try for a student visa,or work visa but there is a catch. Just because she is in the US and you marry, doesn't automatically grant her a green card. She may still be required to return to her home country while processing her visa under the new status. And it may in fact make the process more difficult. CONSULT AN ATTORNEY! I'm only saying this because a denial can be very painful and even lenghten the process during a "re-file". I know because I'm currently working on a K-1 for my Pilipino Fiance, whom I have a child with as well.\n\nGood Luck!
482113
The best thing is for your daughter to become a US citizen, and then she can expedite her husband's green card.\n\nOtherwise, the V visa has a lot of restrictions, which sounds like your son-in-law does not meet.\n\nThe person is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2);\n \nThe person is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000; \n\nThe person has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved \n\n\nYour best bet is to hire an immigration attorney
300178
Unfortunately green card holders are not afforded the same privileges as U.S. citzens. As such, although he can petition for you through USCIS and then through the State Department, you are looking at a substantial waiting time. In cases such as yours, oftentimes the green card holding spouse will naturalize long before you can obtain an immigration benefit through the U.S. consulate. Once he becomes a citizen, however, you can apply for immediate immigration benefits.\n\nIn the meantime, there is very little you can do. You can attempt to apply for a tourist visa, but you have a very low margin for success (probably about 5%) since you have a spouse that is a lawful permanent resident. In cases such as these, the consulates and the officers at the border (if you get that far) will deny the visa/entry since you have a substantial tie to the U.S. that generally cannot be overcome by other ties to your home country. \n\nI would advise you have him begin the family immigration petition process and then wait out the time until either he naturalizes, or your visa number becomes available at the consulate. In the meantime, he would be free to visit you whenever he likes.\n\nGood luck!
512706
If your Dad is a US citizen, then you should be too so I am assuming he is not your biological father.  With that assumption, your fiance should contact INS and simply state that he wants to visit and if all goes well with family, etc.. that you want to marry and what will happen at that point. \n\nHe will probably get a green card too.  You should get your citizenship as soon as you can, I dont know the rules on how long  you have to be in the country. \n\nIf he works in computers or another hard to recruit field, he may be able to get an H1b visa as well.
371151
No he can not, But he can come to the USA and file for a divorce here and then after he is granted a divorce he may legaly remarry here in the USA and the Philippines government will accept his American divorce decree