Legislation Could Change Immigration Standards for Military Spouses

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A house bill that was passed with broad bipartisan support in November could come up for vote in the Senate before the holidays.

The legislation (HR 6397) is aimed at helping the foreign born widow of a Marine killed in Iraq to immigrate to the U.S. so she can raise his child here. But the legislation would clearly apply to other non-citizen widows of those in military service.

The couple’s marriage, which had been accomplished by proxy due to military service issues, was not considered valid under current U.S. immigration law because the couple never lived together after marriage (creating a “consummation” issue).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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