Here is the situation, when i was born 1982 my mother was still legally married to her first husband, even they didn't live together for two years at this time. My birth certificate holds the name of my father, but my mom was still married to another man, they legally divorced only 2 years later 1984. My parents legally married in 1986, but been living together since 1981. My question is how should I reflect this situation when filing I-130 for my parents? Will it cause any problems? Thanks for answers!!!
Your particular situation presents an intersection of family law and immigration law, so the answer is highly dependent on where you live/were born. Some US states recognize the mother's husband at the time of birth as the legal father by default, whereas some states will not do this. Additionally, whether your biological father is listed on your birth certificate is very important. If he is, than you shouldn't have much of an issue, especially if your birth certificate is annotated that you were later legitimated by your parents marrying each other. Some vital statistics offices will allow for this annotation, which USCIS will recognize as proof of your father being your legitimate biological father. If your biological father is not listed on your birth certificate, you may have to submit proof of the parental relationship with him, as you are his illegitimate child. I highly recommend seeking the assistance of an attorney, as we deal with these types of cases on a daily basis.
Dilemma, indeed. Well, you will have to indicate their current as well as previous marriages. The fact that you were born even when your parents were not yet legally married is a separate point. Best that you consult an experienced immigration lawyer to explain all the legal issues.
Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
why do you think it is a problem? Your dad married your mom and supported you all through your childhood. If they hire Sherlock Holmes as a temp to help with the forms he might notice that your parents married after you were born. Would have been a problem in the 19th century but you are probably ok.
You can't indicate anything but the truth because you will have to provide all the documentation. You should review the details with a lawyer to address the issue.
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