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AV Preeminent Peer Rated Attorneys
Montague Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Montague Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Could the Department of State argue that since I was giving child support, I was separated from my wife and affect petition process?

Answered by attorney Alan Lee
Immigration lawyer at Alan Lee Arthur Lee, Attorneys at Law
In addition to filing a petition for you, your wife will also have to file an I-864 affidavit of support. As she is applying for public assistance, she would not appear to have the wherewithal to guarantee your support in the country and would have to have a cosponsor do such. A consular officer may be curious as to why a cosponsor would be willing to sponsor you financially if he or she is not financially supporting your wife. The question of the child support goes also to the issue of the financial support that can be shown for you. As you are sending 50% of your earnings to support the child, there would be no negative implications on your good character even if the amount does not entirely cover the cost of your child's support. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence  
In addition to filing a petition for you, your wife will also have to file an I-864 affidavit of support. As she is applying for public assistance, she would not appear to have the wherewithal to guarantee your support in the country and would have to have a cosponsor do such. A consular officer may be curious as to why a cosponsor would be willing to sponsor you financially if he or she is not financially supporting your wife. The question of the child support goes also to the issue of the financial support that can be shown for you. As you are sending 50% of your earnings to support the child, there would be no negative implications on your good character even if the amount does not entirely cover the cost of your child's support. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence  
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I am a US Citizen and I submitted an I-130 for my spouse overseas. We now have a newborn. Do I file a seperate I-130 for our child?

Answered by attorney Stephen Arnold Black
Immigration lawyer at The Law Office of Stephen A. Black
In most cases, the newborn may already be a US Citizen. File a CRBA (Consulate Record of Birth Abroad) at the US Consulate. 
In most cases, the newborn may already be a US Citizen. File a CRBA (Consulate Record of Birth Abroad) at the US Consulate. 

Which type of visa do I qualify?

Answered by attorney David H Nachman
Immigration lawyer at NPZ Law Group
Unfortunately you will have to enter on a Business Visitor or Visitor's Visa. Neither of these classifications permit you to be an "employee" in the U.S. However, we definitely need more information to properly guide you and your girlfriend. There are a number of nuances associates with the query you have posed and we recommend that you speak to a qualified immigration law practitioner in this regard.
Unfortunately you will have to enter on a Business Visitor or Visitor's Visa. Neither of these classifications permit you to be an "employee" in the U.S. However, we definitely need more information to properly guide you and your girlfriend. There are a number of nuances associates with the query you have posed and we recommend that you speak to a qualified immigration law practitioner in this regard.
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