Do you have to marry your daughter’s mother for them to be allowed to live in the U.S or are there other options?

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Do you have to marry your daughter’s mother for them to be allowed to live in the U.S or are there other options?

My friend has a baby with a Dominican woman who lives in the Dominican Republic. He wants them to come to the U.S because he worries about his daughters well being in that country. He was married for 20 years and is not sure if he wants to re-marry. Does he absolutely have to marry her for her to be allowed to come to the U.S with their baby?

Asked on April 22, 2012 under Immigration Law, Florida

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If he wants to petition for them, he has to marry the mother and then petition for her (the baby should be a US citizen if he is the father and the birth is registered with the US Embassy in the Dom. Rep.)  If the mother can find another way to enter the US (work visa, student visa, etc) then there is no need to marry as she will have an independent means of remaining in the US.


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