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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102584
Experience:  Private practice in several areas, including immigration
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My mother was a legal alien in the US before she died in

Customer Question

I am Canadian. My mother was a legal alien in the US before she died in April. I went to Florida to tend to her estate, fell in love and got pregnant. I am
JA: Have you filed any paperwork with the U.S. government?
Customer: no
JA: Have you talked to a lawyer?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am in Canada now but would like to return legally to be with my partner and have our baby
Submitted: 2 months ago.
Category: Immigration Law
Customer: replied 2 months ago.
My partner is legally married with divorce proceedings pending, so I can not get a fiance visa yet.
Expert:  Ely replied 2 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. Until/unless your partner is divorced, he cannot sponsor you. Which means you can:

1) Wait for him to finalize the divorce, and then file for you (the wait for processing is about 6 months from start to finish); or

2) Come to USA on a student or work visa. Out of these, student visa is easiest. Let me know if you need more information about this. However, know that in terms of paperwork, it may simply be easier to wait for him to be divorced so he can sponsor you.

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