pregnant, but not from husband..not a citizen

[TracyTN 237]

She is eligible for WIC because it's about the USC baby, not her. Is that not paid for by tax payers? I honestly don't know.

WIC eligibility is determined for the mother and the infant. If the mother is at or a below a certain income level and is eligible in her state, she can get WIC. I believe they do some tests on the infant to determine if the child is at a 'nutritional risk'.

http://www.fns.usda....equirements.htm

It is also not a means tested benefit.

Edited January 13, 2011 by TracyTN

[Olga1111 1]

.

Edited January 14, 2011 by Olga1111

[Olga1111 1]

Here's a link to a similar topic that was posted not long ago, Maybe you can find some answers from it....Good Luck!

http://www.visajourney.com/forums/topic/282159-pregnant-with-another-guys-baby/

thanks

[Okalian 41]

And ofcourse if you can prove through DNA evidence that your present husband isn't the father, then he legally can't touch him. If this is all what you're worried about, then you're okay.

Your immigration status, however, is a whole different ball game.

- I can safely say your husband will not help you remove conditions.

- A hardship waiver isn't established here since legally the child can leave with you, and you're not bound to stay in the US.

- Marriage to someone else will only dig a deeper hole and won't help at all.

the only option obviously is a divorce waiver...and i find it very, very difficult to show that marriage was entered in good faith. Trust me, it's already not so easy for those married in good faith to get approved without substantial evidence. So how about someone with a child from someone else at the beginning of the marriage.

A competent lawyer may help with legal advice, but won't help improve your situation...im sorry, but looks like it's gonna be very difficult for you.

[rika60607 215]

Olga did not specify that she wants to stay in the US. May be she doesn't. May be all she wants is to go home with the baby.

But, if she wants to stay, she could probably remove conditions on her own.

True, evidence is needed to file with I-751. And, she needs a divorce for her ROC to be approved. Olga, you should read instructions for I-751 and see what you can offer to USCIS as evidence of your intent at the time of marriage.

They want to see:

(1) Financial evidence - taxes filed jointly, joint credit cards and bank accounts, loans in both names.

(2) Co-habitation - house deeds, rental agreements in both names, utilities in both names, same address on drivers licenses, mail addressed to both of you.

(3) Joint liabilities - health insurances, life insurances in each other's names, joint car insurance.

(4) Social life - tickets and photos from trips taken together, with family etc.

(5) Letter explaining your relationship and the timeline. Any attempts at reconciliation? Marriage counseling?

Yes, if you knew your husband for 2 weeks, came to US on K-1, married and left him 2 weeks later, USCIS will fail your attempt to remove conditions. We know nothing about your timeline and how and why things turned out as they did. You do not have to tell us. But you know, and you will present your case to USCIS the best you can. Your relationship with your husband both before and after marriage counts, and need to be documented and submitted to the USCIS with your I-751 petition.

I can imagine that a more pressing and difficult issue is how you can provide for yourself and your baby in the immediate future.

the only option obviously is a divorce waiver...and i find it very, very difficult to show that marriage was entered in good faith. Trust me, it's already not so easy for those married in good faith to get approved without substantial evidence. So how about someone with a child from someone else at the beginning of the marriage.

A competent lawyer may help with legal advice, but won't help improve your situation...im sorry, but looks like it's gonna be very difficult for you.

[Olga1111 1]

One of the questions asked in a divorce is if the woman is currently pregnant. If she is and the man contests paternity then the judge will require DNA testing to establish paternity.

if i say "no" i'm not pregnant( husband doesn't really care about me and all this situation... and knows for sure that's not his baby...)

the main question is: " is it possible to get married right after divorce? IF i'm not a citizen but i have my first green card... or i have to leave country? state FL

[Olga1111 1]

Well this sure ends up high in the list of odd stories I read on VJ so far... but oh well, it's not up to me to judge on it.

Anyways, I highly doubt you will see yourself being deported while the baby is going to be left behind in the US. If either one is trying to do that (then again, I doubt the non-biological father will have any say in this as the kid is nothing to him), they will most likely fail to keep the baby in the US. Reason why I think so is because I have seen a few similar situations before (kind of a prejudice but my wife is an American-born Filipina and because of that we see a lot of things in the immigration sector, and we've also seen a few being deported due to several reasons but one of them was similar one to yours) and I have not seen once that the baby did not join the mother back to the Philippines, even though the kid that was born was a kid with US citizenship and an American passport. Thing is, unless they have a VERY good reason that you are not fit to be a mother, the judges usually rule in favor of the mother (if it even comes that far.. either way, the USCIS will not judge over the baby).

Thanks, the most important in this situations is to be finally with my baby, here or in my country- doesnt matter.. that what i'm thinking about now is to go to my country for delivery... and after solve problems with immigrartion. Biological father is very interested in this baby, but i dont want to take any risk to be deportated without my child...

[Olga1111 1]

Editing to remove now-removed post before my post gets invis'd

Anyways, she's not eligible for any benefits. USCs aren't going to be paying for her or her child.

Furthermore, nowhere (that I know if) is it defined by USCIS that there needs to be fidelity within a marriage. Who knows, maybe they're swingers, I dunno. But at the end of the day, there's a USC father in the picture somewhere, and whatever the case may be, she's now in a situation where it's not necc ethical to leave with the baby either.

well, i'm smart, young, healthy... i dont need any benefits and i never had them,, i always relay on myself compare to many USCs who just lazy and don't wanna work and ask for benefits..ok.

that's what i'm asking about is an information... it's not my country and everything goes harder.

[Olga1111 1]

WIC eligibility is determined for the mother and the infant. If the mother is at or a below a certain income level and is eligible in her state, she can get WIC. I believe they do some tests on the infant to determine if the child is at a 'nutritional risk'.

http://www.fns.usda....equirements.htm

It is also not a means tested benefit.

Thanks...

i have a job now, it a full time, $12-18 an hour.... but the problem is that i'm pregnant with identical twins.. it's much more difficult... so i'm gonna leave organization in 1 month( because sometimes my jod dangerous even for man) so i'm nor sure that i can get any benefits...

[Olga1111 1]

And ofcourse if you can prove through DNA evidence that your present husband isn't the father, then he legally can't touch him. If this is all what you're worried about, then you're okay.

Your immigration status, however, is a whole different ball game.

- I can safely say your husband will not help you remove conditions.

- A hardship waiver isn't established here since legally the child can leave with you, and you're not bound to stay in the US.

- Marriage to someone else will only dig a deeper hole and won't help at all.

the only option obviously is a divorce waiver...and i find it very, very difficult to show that marriage was entered in good faith. Trust me, it's already not so easy for those married in good faith to get approved without substantial evidence. So how about someone with a child from someone else at the beginning of the marriage.

A competent lawyer may help with legal advice, but won't help improve your situation...im sorry, but looks like it's gonna be very difficult for you.

Thanks..

why the marriage to someone esle will dig a deeper hole?

[SisJ 13]

Thanks..

why the marriage to someone esle will dig a deeper hole?

Because it will look like you used your current husband for visa just to come to America to be with your baby's father.

[Olga1111 1]

Olga did not specify that she wants to stay in the US. May be she doesn't. May be all she wants is to go home with the baby.

But, if she wants to stay, she could probably remove conditions on her own.

True, evidence is needed to file with I-751. And, she needs a divorce for her ROC to be approved. Olga, you should read instructions for I-751 and see what you can offer to USCIS as evidence of your intent at the time of marriage.

They want to see:

(1) Financial evidence - taxes filed jointly, joint credit cards and bank accounts, loans in both names.

(2) Co-habitation - house deeds, rental agreements in both names, utilities in both names, same address on drivers licenses, mail addressed to both of you.

(3) Joint liabilities - health insurances, life insurances in each other's names, joint car insurance.

(4) Social life - tickets and photos from trips taken together, with family etc.

(5) Letter explaining your relationship and the timeline. Any attempts at reconciliation? Marriage counseling?

Yes, if you knew your husband for 2 weeks, came to US on K-1, married and left him 2 weeks later, USCIS will fail your attempt to remove conditions. We know nothing about your timeline and how and why things turned out as they did. You do not have to tell us. But you know, and you will present your case to USCIS the best you can. Your relationship with your husband both before and after marriage counts, and need to be documented and submitted to the USCIS with your I-751 petition.

I can imagine that a more pressing and difficult issue is how you can provide for yourself and your baby in the immediate future.

thanks.

i know my husband for 2 years

we got married 8 month ago and 5 months later i got pregnant. just several weeks ago i recieved my first 2- years green card,,,

i want to do now is to marry my babies' biological father.. but i see that everything is not that easy...

[Olga1111 1]

Because it will look like you used your current husband for visa just to come to America to be with your baby's father.

well, the easiest way would be to get abortion, don't tell to my husband... stay with him till i get all documents...

but i dont like this way... life is difficult sometimes and unpredictable..

my babies' father is American too, and i came to America 1,5 years ago before marriage..and stayed ligally and never had any problems..

[SisJ 13]

well, the easiest way would be to get abortion, don't tell to my husband... stay with him till i get all documents...

but i dont like this way... life is difficult sometimes and unpredictable..

my babies' father is American too, and i came to America 1,5 years ago before marriage..and stayed ligally and never had any problems..

Please don't get an abortion! Does babies are more important than any GC or Naturalization. You don't have to be in this country to have a good life with your children. You and your baby's father can move to your home country if that's what it comes down to. YOUR BABIES COME FIRST!

[rika60607 215]

Great!

You were already in the US when you met your husband and you had a solid relationship for a while (or else he would not marry you). Your timeline looks reasonable, so as long as you can gather evidence for the USCIS, your removal of condition should work. MOST waiver filers with divorce get approved.

What you need urgently, is a divorce. You need it for ROC to be approved and you need it to marry babies' daddy.

In Florida, you can marry the next day.

http://www.totaldivorce.com/process/requirements/remarriage-after-divorce-waiting-period.aspx

New marriage may be considered a red flag because if you knew your future husband before marriage to your first husband, it may look like you used your first husband as a vehicle to gain permanent resident status. If you met your babies' daddy after first marriage took place - then this can not be true. Anyhow, you could get married again before your ROC is approved. It is just that ROC will be considered only on the merits of the first marriage. And, divorce can take a long time, so better start soon.

Good luck!

well, the easiest way would be to get abortion, don't tell to my husband... stay with him till i get all documents...

but i dont like this way... life is difficult sometimes and unpredictable..

my babies' father is American too, and i came to America 1,5 years ago before marriage..and stayed ligally and never had any problems..