Step-Child born during our marriage (complicated)

[BobbieJoe 0]

My husband and I have been married for 3 years. He has his two year green card and we are currently waiting for the conditions to be removed.

I am unable to have a child for my husband. We found someone in my husband's country(Pakistan) to have a baby for us. I intend to file an I-130 for step-child(it is his biological child) after the child is born. I will be in Pakistan and plan to file from there.

Can anyone tell me if they have had any experience or know of anyone that has had in such a situation?

Can anyone foresee any issues that could arise and cause problems?

Thank you,

BobbieJoe

[Penguin_ie 5,996]

An unusual situation, not sure we'll have many of those. Is this child the product of surrogacy, and if so, what is the legal position of surrogacy in Pakistan (is the child considered yours legally, or just your husbands? Does the surrogate need to officially give up the child?). If there was any ART (assisted reproductive technology) involved, definitely include letters from the doctors to that effect.

You may be asked for a DNA test to prove it is his child.

[NigeriaorBust 4,087]

Being in the same position we have discussed the options and are looking at waiting until he is a USC so that a child is then the child of a USC. How far is your husband from being a citizen ?

[LIFE'SJOURNEY 970]

If the OP is a USC, she can file for the stepchild. Please note, this is not the 1st time UScis have seen this. Not saying this is your case, many men have had affairs back home in their home country after marriaged to an USC, and produed children.