Live together with my girl friend in USA before go back to my country to get married.

[tomvan 2]

Hello every one,

I have a question, if any body knows please give me some advise, thank you very much.

I have lived with my girl-friend before, anh we have a daughter together. On our daughter's Birth Certificate, it has my name as father; however we have never married to each other.

I live with her for about 10 years, anh our daughter is now 11 years old. we broke up 3 years ago, anh I went back to my country to get marrid with my wife right now.

I had no problems with the paper work, because legally I have never married. However, I afraid that the USCIS will find out about this, anh when it come to the interview,

my wife will has problems. Is there any body has the same situation like me, please let me know. Thank you very much.

[Boggy1974 124]

Hello every one,

I have a question, if any body knows please give me some advise, thank you very much.

I have lived with my girl-friend before, anh we have a daughter together. On our daughter's Birth Certificate, it has my name as father; however we have never married to each other.

I live with her for about 10 years, anh our daughter is now 11 years old. we broke up 3 years ago, anh I went back to my country to get marrid with my wife right now.

I had no problems with the paper work, because legally I have never married. However, I afraid that the USCIS will find out about this, anh when it come to the interview,

my wife will has problems. Is there any body has the same situation like me, please let me know. Thank you very much.

Well, I haven't been in your situation before. And don't want to ever be in that situation of being married to two women at the same time whether legally or not. It is against the law in the US.

What do you mean by "anh I went back to my country to get marrid with my wife right now"? You don't "get" a wife but rather people "get married".

Are you suggesting you want to conceal your other marriage from USCIS? If so, you will run into a lot of trouble down the road my friend. You would want to disentangle yourself from one marriage before moving on to the next. You also don't want to conceal material fact from USCIS or doing anything that has the appearance of marriage fraud.

[Kazulie 132]

Well, I haven't been in your situation before. And don't want to ever be in that situation of being married to two women at the same time whether legally or not. It is against the law in the US.

What do you mean by "anh I went back to my country to get marrid with my wife right now"? You don't "get" a wife but rather people "get married".

Are you suggesting you want to conceal your other marriage from USCIS? If so, you will run into a lot of trouble down the road my friend. You would want to disentangle yourself from one marriage before moving on to the next. You also don't want to conceal material fact from USCIS or doing anything that has the appearance of marriage fraud.

He says he was never married to the child's mother. Just that they lived together for 10 years. and 3 years ago they broke up. He is now married to his wife. That's where I get confused.....

What are you afraid that USCIS will find out about?!?!

[Boggy1974 124]

He says he was never married to the child's mother. Just that they lived together for 10 years. and 3 years ago they broke up. He is now married to his wife. That's where I get confused.....

What are you afraid that USCIS will find out about?!?!

Yes Kazulie, you're correct I got confused with his explanation.

So he's free to marry right?

OP, can you explain further clearly? Hopefully you can get better feedback with that. Best of luck!

[Kazulie 132]

Well, he's not free to marry anymore, because he is already married.

OP, are you afraid that USCIS will find out you lived with your ex-girlfriend and had a child with her but you were never married to her? This is not against any US laws. This should not effect your wife's interview.

If this is not what you are "afraid of USCIS finding out", then I am STILL confused. lol

[pushbrk 12,884]

Hello every one,

I have a question, if any body knows please give me some advise, thank you very much.

I have lived with my girl-friend before, anh we have a daughter together. On our daughter's Birth Certificate, it has my name as father; however we have never married to each other.

I live with her for about 10 years, anh our daughter is now 11 years old. we broke up 3 years ago, anh I went back to my country to get marrid with my wife right now.

I had no problems with the paper work, because legally I have never married. However, I afraid that the USCIS will find out about this, anh when it come to the interview,

my wife will has problems. Is there any body has the same situation like me, please let me know. Thank you very much.

Are you talking about one woman or two? Is your wife the same woman with whom you have a child? Either way, it really doesn't matter for US immigration. If you're talking about only one woman, then having a child together can actually be a positive thing.

[VanessaTony 3,567]

I hope you disclosed that you have a child on any forms where it asks for your children. It sounds like you're the USC so you need to include your daughter on the I-864 as part of your household count. If you're NOT the USC then you don't need to include on the I-864 but there is a form where you list any children, whether immigrating with you or not.

In your situation the having a child with someone else won't negatively affect the process. The only issue will be if your wife doesn't know about the child and USCIS does, or if you didn't disclose her on paperwork (the I-864 if you're the USC but not so much the other paperwork if you're not the USC as it's not a material misrep).

[pushbrk 12,884]

I hope you disclosed that you have a child on any forms where it asks for your children. It sounds like you're the USC so you need to include your daughter on the I-864 as part of your household count. If you're NOT the USC then you don't need to include on the I-864 but there is a form where you list any children, whether immigrating with you or not.

In your situation the having a child with someone else won't negatively affect the process. The only issue will be if your wife doesn't know about the child and USCIS does, or if you didn't disclose her on paperwork (the I-864 if you're the USC but not so much the other paperwork if you're not the USC as it's not a material misrep).

Unless a mutual child of petitioner and beneficiary, there is no place where the US Citizen lists their own children by name, during the spouse visa process, but they should count any children under 21 as their dependent on the I-864 no matter where they live. In this case, the child mentioned would only be listed if the current spouse and beneficiary is the mother of the petitioner's natural child. There is no place to indicate specifically that the petitioner has a child out of wedlock in Vietnam. However, if the new spouse is not the child's mother, they should know all about that natural child in case they are asked about it at the visa interview.

Edited January 27, 2013 by pushbrk

[VanessaTony 3,567]

Unless a mutual child of petitioner and beneficiary, there is no place where the US Citizen lists their own children by name, during the spouse visa process, but they should count any children under 21 as their dependent on the I-864 no matter where they live. In this case, the child mentioned would only be listed if the current spouse and beneficiary is the mother of the petitioner's natural child. There is no place to indicate specifically that the petitioner has a child out of wedlock in Vietnam. However, if the new spouse is not the child's mother, they should know all about that natural child in case they are asked about it at the visa interview.

I'm not sure why you quoted me, to expand on what I said?. I correctly stated if OP was the USC the child needs to be on the I-864. I also stated if the OP is not the USC then there is a form where they list all children, whether immigrating or not.

Also whether the child should be listed on the I-864 depends on their age and the age of majority of their state. This could be 18 or 21. As the OP stated the child is 11 it's moot anyway.

[tomvan 2]

Hi every one,

Thank you for your opinions. I think I need to verify some informations here.

#1: I am a US Citizen

#2. I have live with my ex-girl friend here in the USA for 10 years

#3. We have a daughter together, our daughter is now 11 years old, on our daughter's Birth Certificate, my name is on it; but I and her mother (my ex-girl friend) have never married.

#4. We broke up 3 years ago ( no longer living together for over 3 years)

#5. After we broke up with her (my daughter's mom), I went back to my country, Vietnam, to visit my family.

#6. I met a new girl-friend and married her in Vietnam in October 2012. She is legally my wife right now by law.

#7: I told her (my wife in Vietnam), everything about my past, did not hide any thing.

#8: As I understand, in state of New Jersey, there is no "common -law". The "common-law" is the law saying that, a man and a woman

living together for 7 years is considered married, with out any paper.

Ok. now, the question is:

#1: by law, Am I going to have any problems with this or no?

#2: On Affidavit of support (I-864), do I have to put my daughter on it, even though I and her mother have never married?

#3: Will they (the USCIS), ask my wife in Vietnam, about this matter in the Visa interview?

Thank you very much for your time and responds. If you know any thing about this, please let me know.

Best Regards.

[tomvan 2]

Hi every one,

Thank you for your opinions. I think I need to verify some informations here.

#1: I am a US Citizen

#2. I have live with my ex-girl friend here in the USA for 10 years

#3. We have a daughter together, our daughter is now 11 years old, on our daughter's Birth Certificate, my name is on it; but I and her mother (my ex-girl friend) have never married.

#4. We broke up 3 years ago ( no longer living together for over 3 years)

#5. After we broke up with her (my daughter's mom), I went back to my country, Vietnam, to visit my family.

#6. I met a new girl-friend and married her in Vietnam in October 2012. She is legally my wife right now by law.

#7: I told her (my wife in Vietnam), everything about my past, did not hide any thing.

#8: As I understand, in state of New Jersey, there is no "common -law". The "common-law" is the law saying that, a man and a woman

living together for 7 years is considered married, with out any paper.

Ok. now, the question is:

#1: by law, Am I going to have any problems with this or no?

#2: On Affidavit of support (I-864), do I have to put my daughter on it, even though I and her mother have never married?

#3: Will they (the USCIS), ask my wife in Vietnam, about this matter in the Visa interview?

Thank you very much for your time and responds. If you know any thing about this, please let me know.

Best Regards.

[NikLR 13,227]

No you won't have problems. Yes you need to put her down on household size. They may ask your wife questions. What questions, we cannot know but they will at probably want to see if she knows about your ex and your daughter.

[VanessaTony 3,567]

Hi every one,

Thank you for your opinions. I think I need to verify some informations here.

#1: I am a US Citizen

#2. I have live with my ex-girl friend here in the USA for 10 years

#3. We have a daughter together, our daughter is now 11 years old, on our daughter's Birth Certificate, my name is on it; but I and her mother (my ex-girl friend) have never married.

#4. We broke up 3 years ago ( no longer living together for over 3 years)

#5. After we broke up with her (my daughter's mom), I went back to my country, Vietnam, to visit my family.

#6. I met a new girl-friend and married her in Vietnam in October 2012. She is legally my wife right now by law.

#7: I told her (my wife in Vietnam), everything about my past, did not hide any thing.

#8: As I understand, in state of New Jersey, there is no "common -law". The "common-law" is the law saying that, a man and a woman

living together for 7 years is considered married, with out any paper.

Ok. now, the question is:

#1: by law, Am I going to have any problems with this or no?

#2: On Affidavit of support (I-864), do I have to put my daughter on it, even though I and her mother have never married?

#3: Will they (the USCIS), ask my wife in Vietnam, about this matter in the Visa interview?

1. No

2. Yes. She is your dependent.

3. They may. They may ask her about your child, they may ask her about your ex and why you broke up. They may try and trick her with questions so make sure you tell her absolutely everything. You said you did so try not to worry.

You are not the first, and you won't be the last, to have children with someone else.

[Ryan H 3,812]

Duplicate thread removed; please do no start multiple threads on the same subject.

[pushbrk 12,884]

I'm not sure why you quoted me, to expand on what I said?. I correctly stated if OP was the USC the child needs to be on the I-864. I also stated if the OP is not the USC then there is a form where they list all children, whether immigrating or not.

Also whether the child should be listed on the I-864 depends on their age and the age of majority of their state. This could be 18 or 21. As the OP stated the child is 11 it's moot anyway.

Quote or not quote. Whatever. The I-864 instructions are very clear in stating you count unmarried children under 21 no matter where they live. The child mentioned here apparently lives abroad.