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My mother was a legal alien in the US before she died in…

Customer Question
I am Canadian. My...

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

Lawyer's Assistant: Have you filed any paperwork with the U.S. government?

No

Lawyer's Assistant: Have you talked to a lawyer?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am in Canada now but would like to return legally to be with my partner and have our baby

Submitted: 1 year ago.Category: Immigration Law
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Customer reply replied 1 year ago
My partner is legally married with divorce proceedings pending, so I can not get a fiance visa yet.
Answered in 6 minutes by:
8/7/2017
Immigration Lawyer: Ely, Counselor at Law replied 1 year ago
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 103,583
Experience: Private practice in several areas, including immigration
Verified

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.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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