Conditional GC holder and unexpected changes

[Mariam&Smith 45]

Hello everyone, I have a question about a mess my brother's family is having. I am summarizing it short:

- My brother was a PhD student in NY, he met my sis-in-law 3 years ago. Then they got married 1.5 years ago, he has had a green card like 1 year ago. Everything was peaceful, until my sis-in-law had a miscarriage, her behavior has changed since then. They always agrue for no reason, and call each other names. My brother and my sis-in-law always try to fix the relationship (psychiatrist, counselor...) but it is getting worse I believe. 6 months ago, he went back to Paris for like 3 months and he met one of my friends. They love each other and my friend said she didn't want to immigrate by any means. They ended up having a small wedding over there (I didn't know until last week) but it was a ceremony no registration or something like that. He felt guilty and he confessed it to me last week.

He didn't mean to break my sis-in-law heart or anything, and he said my friend and he would be willing to break up if my sis-in-law tries to ment the distance between them right now. My sis-in-law is preparing his removal of condition paper and she is willing to do that, luckily she is not a mean people, who uses immigration benefit to threaten. They just argue on daily things, baby and stuffs.

I know what my brother did was wrong, but it did happen already so I beg you all for answer based on the fact about immigration not affair, cheating...

1. Did my brother violate anything? And is it gonna affect his status?

2. If my friend got pregnant, can she just register my brother as the father on birth certificate? Can he claim the baby later on when they decide to move on (with my sis-in-law divorce if it has to be)?

I am thankful to my sis-in-law for being such a great person, it just changed after the misfortune happened. I greatly appreciate all the inputs.

[Cathi 5,755]

are you kidding? did he violate anything? He is married to 2 women at the same time. One in the US the other in France. He never divorced his wife in the US, and married another woman. Doesn't matter if it is registered or not, a marriage is a marriage. His case isn't something people in VJ can solve, he needs and experienced attorney. Once again another case that makes it difficult for the rest of us trying to get our significant others here legally.

[NigeriaorBust 4,087]

Having prior experience as the first wife of a spineless fool that thought serial marriage was ok and didn't hurt anyone I can tell you it is NOT ok to be in a marriage fake or otherwise while still married to someone else. That being said and off my chest. Your brothers actions should catch up with him if he ever petitions to seocnd wife and they uncover the bigimous relationship. Not only will her petition be denied but he could be stripped of all immigration benefits he has gotten. There is a question on ROC about committing any crime in the US or abroad, bigimy is a crime so must be reported. When the real wife finds out, she could use the relationship as evidence that the one he is using as grounds for removal of conditions is not in good faith and is only to gain immigration benefit at this point. If he loves the fake wife he should seek a divorce and remove conditions on his own. If he loves the real wife he should NEVER contact the fake wife other than a dear john letter.

[Sandra G. 5,048]

Well he didn't have a civil wedding in France, all marriages performed in FRANCE to be valid in USA must be performed by a French civil authority (a city councilor or mayor).Are you sure he had just a ceremony?. He screw up for sure, now he has to fix it.He must divorce your sister in law and file for the I-751 waiver, and if he wants to be with this girl from France he must have a civil wedding there AFTER his divorce in USA, but the girl from France won't be able to live in the USA with him for at least three years , because he is just a green card holder.

[Iyawo Ijebu 157]

Sigh....

Unfortunately Bigamy is now on the table and I think the US frowns on that.

[Boiler 45,525]

Ohhh yes!

[Mariam&Smith 45]

Yes all they did was a reception (party with a few friends), no French government involved or anything. And that friend of mine didn't ask for any immigration (even if she asked, obviously he can't do anything.) My brother is well aware of the situation, he is not gonna to do anything until everything is settled down in the US. He said he would confess anything to my sis-in-law. I just ask for his situation, if my friend has a baby with him, and she will clearly put my brother's name down on the birth certificate, will he be able to claim the baby later? Assuming the baby birthday is when he is still married to my sis-in-law. Please understand, they didn't file anything with authority over there. The baby could be a result of an affair not a bigamy marriage, and she/he is innocent, adults commited mistakes not the baby. I know what he did is bad, but I believe deep down he didn't want to do that. If you all have something like this, you would understand and feel sorry for him.

[Cathi 5,755]

Yes all they did was a reception (party with a few friends), no French government involved or anything. And that friend of mine didn't ask for any immigration (even if she asked, obviously he can't do anything.) My brother is well aware of the situation, he is not gonna to do anything until everything is settled down in the US. He said he would confess anything to my sis-in-law. I just ask for his situation, if my friend has a baby with him, and she will clearly put my brother's name down on the birth certificate, will he be able to claim the baby later? Assuming the baby birthday is when he is still married to my sis-in-law. Please understand, they didn't file anything with authority over there. The baby could be a result of an affair not a bigamy marriage, and she/he is innocent, adults commited mistakes not the baby. I know what he did is bad, but I believe deep down he didn't want to do that. If you all have something like this, you would understand and feel sorry for him.

why would we possibly feel sorry for him? seriously???? He married another woman..while married to an american citizen and all he is worried about is his green card. This is fraud...and I hope he gets caught...just sayin'

[Mariam&Smith 45]

And my sis-in-law told me last time, even if their relationship would end, she would wait until my brother finishes his immigration thing (THIS is why I told you how grateful I am to my sis-in-law, she is not mean or vicious...) And if my brother would file anything for my friend, it would be way later everything here is finished (4 5 years or longer if it should be) Until then, you think everything is gonna be fine. Let look at his relationship there was an affair. Please share your feeling.

[Cathi 5,755]

And my sis-in-law told me last time, even if their relationship would end, she would wait until my brother finishes his immigration thing (THIS is why I told you how grateful I am to my sis-in-law, she is not mean or vicious...) And if my brother would file anything for my friend, it would be way later everything here is finished (4 5 years or longer if it should be) Until then, you think everything is gonna be fine. Let look at his relationship there was an affair. Please share your feeling.

fraud fraud fraud fraud....you are asking people to advise you about blatant fraud...the only person I feel sorry for is his american wife who last a baby and is grieving, and he says it's her fault for having mood swings. Let me see...he went to France and married another woman while still married to her after she just lost her child.. And he expects life with his US wife to be all lollipops and rainbows? are you for real?

[Mariam&Smith 45]

why would we possibly feel sorry for him? seriously???? He married another woman..while married to an american citizen and all he is worried about is his green card. This is fraud...and I hope he gets caught...just sayin'

He won't say anything about green card, if you read carefully. They have 2 properties, one business in Ohio together so it is not fraud or anything. Sentiment does happen if you are a listener. He just expressed, if way later then, will he be able to claim the baby when his/her birthday is when he is till in a marriage here. Please understand it is an affair in my point of view.

[VanessaTony 3,567]

I just ask for his situation, if my friend has a baby with him, and she will clearly put my brother's name down on the birth certificate, will he be able to claim the baby later?

Well here's the thing. IF she's pregnant (you've asked this several times which indicates to me that she is or thinks she is) and he thinks it's his kid, he needs to list this kid on his immigration paperwork. This means if he remains married to his REAL wife and he files paperwork stating he's had a baby with someone else, they're gunna look REAL hard at his relationship and most likely assume it's fraud.

You also mention that your brother WILL tell his real wife about his affair and marriage (real or not it was a commitment ceremony showing his LOVE for someone else) and in my personal opinion he needs to tell her about all this BEFORE she files for joint ROC so she is given the chance to divorce him (if she wants) so he can file ROC by himself and so she is actually able to make a decision based on ALL the facts. In fact given the possibility of a child, I believe it would look a lot less like fraud if they were to divorce and he file by himself then down the line they see he had a child with someone else while married to his USC petitioner.

Regarding the childs status... he's not going to be a USC before the child is born so there is no immediate US citizenship or anything. He COULD petition the child years later for a visa but it's very important that he declare that he has a child on ANY paperwork that asks for it... bearing in mind this would be a child he has to another woman while married to his petitioner born after a jointly filed ROC... it doesn't exactly scream "legit relationship". He's been very very foolish and VERY mean to his wife.

Edited May 20, 2012 by Vanessa&Tony

[Cathi 5,755]

He won't say anything about green card, if you read carefully. They have 2 properties, one business in Ohio together so it is not fraud or anything. Sentiment does happen if you are a listener. He just expressed, if way later then, will he be able to claim the baby when his/her birthday is when he is till in a marriage here. Please understand it is an affair in my point of view.

he is worried about his green card if he expects his US wife to still continue with the adjustment of status, and thanks her for being a "nice person" why can't he just be a man and divorce her and move back to France to be with the person he REALLY loves?

[Cathi 5,755]

He won't say anything about green card, if you read carefully. They have 2 properties, one business in Ohio together so it is not fraud or anything. Sentiment does happen if you are a listener. He just expressed, if way later then, will he be able to claim the baby when his/her birthday is when he is till in a marriage here. Please understand it is an affair in my point of view.

where don't you understand that this is fraud? he expects his US wife to adjust status for him...and now you;re talking about potential babies with his french wife? i give up...but i truly hope he gets caught. He should be a man and do the RIGHT thing

[aaydrian 479]

I'm a bit confused. Is it that the USC wife doesn't know her husband (who she's going through a 'rough patch' with) is in the eyes of God, married to someone else?