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Baby due...can dad stay
Hello- okay here goes the good news, my sister is engaged. They are also expecting a their first baby in november. The complication and problem to the happy picture is that my brother-in-law to be isn't a US citizen, he's an Italian citizen. He came to the US in 2002 on a visitor visa and never left. Which I think means he is here illegally. That alone is a huge problem.
Now to add to the complication, he and my sister would like to get married, yet he is still married to his wife in Italy. His visit to the US was originally due to wanting a lot of distance between him and his intended ex. From what I understand, something to due with a catholic government, his divorce was denied and hasn't been granted yet. I don't understand all the legallities around it but would like to rather soon.
My sister is a US citizen who was born and has always lived here. He is 26 and she is 20. His job supports both of them and without his income my sister's income isn't enough to support herself, nor the expected baby. Also, his italian passport will expire Jan 2007.
So after all that, my questions are these:
**Is there anyway one can avoid being kicked out of the US for several years after overstaying a visitors visa? **Can someone who is married in another country who won't grant divorces get married in the US? **Are there any special circumstances, such as expecting a child with a US citizen that will allow one to stay in the US?
**Does anyone have any suggestions, advice, or what-not-to-do's with any part of this situation?
Thank You!
Now to add to the complication, he and my sister would like to get married, yet he is still married to his wife in Italy. His visit to the US was originally due to wanting a lot of distance between him and his intended ex. From what I understand, something to due with a catholic government, his divorce was denied and hasn't been granted yet. I don't understand all the legallities around it but would like to rather soon.
My sister is a US citizen who was born and has always lived here. He is 26 and she is 20. His job supports both of them and without his income my sister's income isn't enough to support herself, nor the expected baby. Also, his italian passport will expire Jan 2007.
So after all that, my questions are these:
**Is there anyway one can avoid being kicked out of the US for several years after overstaying a visitors visa? **Can someone who is married in another country who won't grant divorces get married in the US? **Are there any special circumstances, such as expecting a child with a US citizen that will allow one to stay in the US?
**Does anyone have any suggestions, advice, or what-not-to-do's with any part of this situation?
Thank You!
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