Conditional GC holder and unexpected changes

[Mariam&Smith 45]

Well I don't know what to say now. He is gonna confess to her. Ok let say the baby is the result of an affair, and my brother is a responsible man, he will take responsibility, maybe way later.

[VanessaTony 3,567]

Well I don't know what to say now. He is gonna confess to her. Ok let say the baby is the result of an affair, and my brother is a responsible man, he will take responsibility, maybe way later.

He NEEDS to declare the child on his paperwork. Failing to do so could result in trouble later... i.e. lying on the forms that he doesn't have a child when he does.

[Mariam&Smith 45]

He NEEDS to declare the child on his paperwork. Failing to do so could result in trouble later... i.e. lying on the forms that he doesn't have a child when he does.

Ok Vanessa&Tony, I am thankful for your fair comments. What if he didn't know about the child existence until way later. I read somewhere, in that case, a DNA test or something will be required.

[VanessaTony 3,567]

Ok Vanessa&Tony, I am thankful for your fair comments. What if he didn't know about the child existence until way later. I read somewhere, in that case, a DNA test or something will be required.

He's not married to the other woman so typically that means a DNA test for the child anyway. Sometimes they'll ask it of married couples with a kid but it's more common with non-married couples.

BUT, this isn't for quite some time unless the other woman allows her child to move without her and because he won't be a USC when the child is born he'll need to do a visa petition to get the child here first. I'm not sure if there's a deadline for when he MUST immigrate the child otherwise it won't get USC through him (if there is it'd be 18 or something)... maybe someone else knows the answer to that particular question.

Edited May 20, 2012 by Vanessa&Tony

[Tygrys 143]

Ok Vanessa&Tony, I am thankful for your fair comments. What if he didn't know about the child existence until way later. I read somewhere, in that case, a DNA test or something will be required.

I don't quite understand "what if" here. The fact is that he already knows, so there is no "what if".

Omitting the child now in your brother's immigration paperwork would be material misinterpretation. A big no no...

Any eventual DNA testing is way, way down the road. There is no question about US citizenship being transmitted in this case and if your brother's French love puts him on the birth certificate as a father right after birth, I doubt there will be any DNA testing in the future (unless your brother requests tests to be sure).

Edited May 20, 2012 by Tygrys

[VanessaTony 3,567]

I don't quite understand "what if" here. The fact is that he already knows, so there is no "what if".

Omitting the child now in your brother's immigration paperwork would be material misinterpretation. A big no no...

I think she's thinking that if he "didn't know" back then then it's not a problem.. but it STILL shows that he had an affair with someone else that resulted in a child. Sure people aren't required to disclose their affairs, but if she write on the birth cert that he's the daddy, or she knows his name/detail well enough to "find" him to tell him later... it looks suss.

When in doubt... disclose. Better than to be accused of lying!

[Mariam&Smith 45]

I don't quite understand "what if" here. The fact is that he already knows, so there is no "what if".

Omitting the child now in your brother's immigration paperwork would be material misinterpretation. A big no no...

I know my brother is well aware of the situation. I am asking everyone that "what if", assuming it is not applicable to my brother. According to http://travel.state.gov/law/family_issues/birth/birth_593.html , he can claim the baby (out of wedlock) ASAP and the child needs to be under 18 to do so.

[VanessaTony 3,567]

I know my brother is well aware of the situation. I am asking everyone that "what if", assuming it is not applicable to my brother. According to http://travel.state.gov/law/family_issues/birth/birth_593.html , he can claim the baby (out of wedlock) ASAP and the child needs to be under 18 to do so.

He's not a USC...

Seriously. Your brother is not a US citizen. He CAN NOT pass on US citizenship to this child just by birth. He does NOT fulfil the requirements which include at the very least, that he be a USC when the child is born. If he becomes a USC later he can petition the child to get a GREENCARD, not citizenship. Eventually citizenship yes, but not at first.

Edited May 20, 2012 by Vanessa&Tony

[Mariam&Smith 45]

I think she's thinking that if he "didn't know" back then then it's not a problem.. but it STILL shows that he had an affair with someone else that resulted in a child. Sure people aren't required to disclose their affairs, but if she write on the birth cert that he's the daddy, or she knows his name/detail well enough to "find" him to tell him later... it looks suss.

When in doubt... disclose. Better than to be accused of lying!

I don't know Vanessa or Tony answering me, but you really put someone's shoes into your feet. Yes, for example, Mr A went to Paris, had an affair, he came back to the US. The affair lover decided to be single mom without telling him. 5 years later (when he is divorce and single) he comes back to Paris and finds out he has a baby from last affair. He is responsible so he will take responsibility of the lover and the child. This is my concern.

Edited May 20, 2012 by Mariam&Smith

[Mariam&Smith 45]

And to someone, I believe an affair is not a fraud here.

[VanessaTony 3,567]

I don't know Vanessa or Tony answering me, but you really put someone's shoes into your feet. Yes, for example, Mr A went to Paris, had an affair, he came back to the US. The affair lover decided to be single mom without telling him. 5 years later (when he is divorce and single) he comes back to Paris and finds out he has a baby from last affair. He is responsible so he will take responsibility of the lover and the child. This is my concern.

It's Vanessa There's nothing he can do to counteract the fact he had an affair. There is nothing he can do that will cover the fact that IF he petitions this "lover and the child" that the child was conceived while he was married to the person who he got his citizenship through. This throws his relationship with the person who he got his citizenship through, into question. Not just the child alone of course but it is far too common that immigrants "use" USC's to get to the US and then petition their "real love" from their home country or whatever later. That is the risk he would be taking.

In my personal opinion he needs to divorce his wife. Obviously I don't know enough about what he really feels but if he really isn't happy, if he really wants to be with this other person, then he needs to leave his USC wife. People can sometimes mend a relationship after an affair (I couldn't but some people can) but most of all relationship fail and it looks a LOT better than if the child were conceived BEFORE he ROC'd jointly with his wife.

ugh. Long story short he needs to decide what he really wants. He CAN ROC without his wife based on divorce so his status shouldn't really be a concern. He needs to decide what he wants, tell his wife the truth, and face the consequences of his actions - whatever they may be.

[VanessaTony 3,567]

And to someone, I believe an affair is not a fraud here.

No-one is saying an affair is fraud, but he DID marry "in the eyes of God" someone else. This doesn't matter USCIS wise honestly, but it does seem to indicate that he is only staying with his current USC wife for immigration benefits. THAT would be fraud. Mistakes happen but he married (non-legally) someone else which implies that he loves someone else, that he doesn't love his wife anymore, and so he should leave her and not stay with her just for immigration reasons.

[Mariam&Smith 45]

Well I will seriously talk to him about this situation. It is really a messy situation. Thank you so much.

[Sandra G. 5,047]

Folks there is no BIGAMY,NO FRAUD here, the guy had a religious ceremony in France, and as I said before all marriages performed in FRANCE to be valid in USA must be performed by a French civil authority (a city councilor or mayor)!!!!!!!

[Xanax 349]

Firstly, I am sorry if this comes off harsh, I am just in awe of the disrespect for your brothers wife and the of the sanctity of their marriage that your "brother" has shown.

From what I understand:

1) Your "brother" had an affair and sham marriage to a woman from Paris while married to a USC.

2) Your "brother" wants his American wife to continue the ROC paperwork and you think she will because she is "nice", even after she knows about the affair and possibility of a child with the other woman.

3) You are not sure whether your "brother" will return to Paris or stay in the US, it seems this is dependent on "his" GC status/ citizenship status? and then he plans to eventually move back to France with the other wife, claim the child and presumably come back to the US so the child can have US citizenship?

Is that all correct?

If it is your 1)Number 3 point, underlined above makes your brother's situation seem like fraud. 2) In my opinion what your "brother" sister-in-law needs to know before she files any paperwork, there may be possible legal/ costly ramifications if she does not know; also the child may add to household size for your paperwork and if your "brother" says he is unaware of any child that he has and lies to the US then it may be considered material misrepresentation.

By the way, how do you know so much about what your brother plans to do? What his wife plans to do and what his second wife plans to do? If you don't, you are just speculating and it would be best if your "brother" were posting on here with the facts instead of the "whatifs".

Britt

Edited May 20, 2012 by BrittandDan