Marrying a non-citizen with a child, father is American

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Latest post 01-05-2006 4:24 PM by fao. 10 replies.
  • 01-04-2006 1:58 AM

    • Maleko
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    • Joined on 01-04-2006
    • Posts 5

    Question [=?] Marrying a non-citizen with a child, father is American

    I just saw a post about filing for greencards etc, so I think I understand all that.

    My dilema is this...this girl was married to an American citizen living in Morocco(only a moroccan marriage), and they had a child there together, she just came to america on a tourist visa with him ( which is still valid) and she wants to leave him, he is abusive and just doesn't have any love for her. He does love the child though she says. I want to marry her, she is so wonderful and my family loves her deeply as well.

    We are best freinds and she wants to marry me as well. The marriage part is easy I know, but i wonder what rights the father might have concerning the child?

    Thank you so much for any replies!! Aloha.
  • 01-04-2006 11:44 AM In reply to

    re: Marrying a non-citizen with a child, father is American

    It is not clear where the mother, child and father are now. However, if in the US, the father would have all of the "usual" rights to obtain custody and visitation, as well as an obligation to support the child.

    Also, if the child resided in the US with the father, the child would be a US citizen.

    http://uscis.gov/graphics/publicaffairs/backgrounds/cbground.htm
  • 01-04-2006 2:32 PM In reply to

    re: Marrying a non-citizen with a child, father is American

    He has the same rights as any father. The fact that they married in Morrocco is ireelevant. Their marriage is recognized here. She needs to divorce him and address custody, visitation and support before she can marry anyone.
  • 01-05-2006 1:51 AM In reply to

    • Maleko
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    • Joined on 01-04-2006
    • Posts 5

    re: Marrying a non-citizen with a child, father is American

    Thanks so much for the reply. Do you mean she needs to divorce him in America or Morocco? Because in Morocco it is almost impossible for a woman to divorce a man, unless he allows it.

    I am surprised that their marriage is recognized here. So if the moroccan government never allows her to be legally divorced from her husband, does that mean she can never be married here? Aloha.
  • 01-05-2006 1:58 AM In reply to

    • Maleko
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    • Joined on 01-04-2006
    • Posts 5

    re: Marrying a non-citizen with a child, father is American

    Aloha and thanks for the reply!

    The mother, child, and father just arrived here from Morocco, 5 months ago, the mother and child have never been to the US before, whereas the husband who is american citizen, lived in the US years ago, and he is just here temporarily and then they are all going back to morocco. Of course she would love to stay here with me and my family. The child is only 7 months old. And is still *** feeding.

    I love her deeply, as does my family...can I marry her, since she has a moroccan marriage.... the moroccan government makes it very very hard for women to divorce men, it takes years, and the man has to allow it. Aloha

  • 01-05-2006 11:57 AM In reply to

    Feedback [*=*] re: Marrying a non-citizen with a child, father is American

    It does not matter if she married in Morocco or if they don't recongnize her divorce, she is in the US and she can divorce him here if she wants.

    She should be able to file in the state she is in as soon as residency requirements are met, but she might have some immigration problems eventually if the divorce does go through here, she may not be a legal resident anymore, unless she immediately marries you. I have no knowledge of immigration though.
  • 01-05-2006 12:56 PM In reply to

    Warning [=*#] re: Marrying a non-citizen with a child, father is American

    She must get a divorce here before you can legally marry her.
  • 01-05-2006 4:24 PM In reply to

    • fao
    • Top 150 Contributor
    • Joined on 01-12-2000
    • Posts 336

    More [=+=] re: Marrying a non-citizen with a child, father is American

    Since she is here on a tourist visa, she also needs to investigate if she will be able to stay.
  • 01-05-2006 11:01 PM In reply to

    Feedback [*=*] re: Marrying a non-citizen with a child, father is American

    "can I marry her, since she has a moroccan marriage:

    If her marriage is legal, she's married and cannot marry until after divorce.

    "... the moroccan government makes it very very hard for women to divorce men, it takes years, and the man has to allow it."

    If she meets the residency requirement in the state she's in, she can file here. You divorce where you reside.
  • 01-10-2006 7:38 AM In reply to

    • Maleko
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    • Joined on 01-04-2006
    • Posts 5

    re: Marrying a non-citizen with a child, father is American

    Well, there is a little twist to the story. It turns out the American she married in Morocco, is already married here in the US. He hasn't divorced his wife here. So I guess he is a polygamist, so is her moroccan marriage even valid? Does she even really need to divorce him? What about something just 'annuling' the marriage?

    Thanks again!!
  • 01-10-2006 7:21 PM In reply to

    re: Marrying a non-citizen with a child, father is American

    He is the father, has rights-and you have NO rights whatsoever to this child.
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