Issue of marriage being bona fide when wife has child with another

[aaa2zzz 27]

I see that a thread discussing this issue was locked; I believe because it started getting into accusations of fraud. Do not want to go into that. But I want to correct an erroneous statement

Situation. Foreigner married a USC, had a child with her. then they separate, she has child with someone else.

Not determinative in my opinion as to whether she had other children.

The issue is, was his marriage bona fide?

The rebuttable presumption is, that if the foreigner marries a USC and either buys real property together or has a child together, the marriage was bona fide.

[arken 4,197]

The stated rebuttal presumption is wrong. Buying a house or giving birth to a child does not solely make a marriage bonafide, they though act as one of the factors among several factors to prove a bonafide marriage.

So the scenario you have laid out could represent a bonafide marriage or could also represent a fraud marriage. Other evidences or factors have to be included as well to prove that the marriage was bonafide.

[SunflowerSweet 1,321]

I'm confused, are you asking on behalf of the other user or for yourself? It was already pretty obvious that what he was doing was fraud, so even if the marriage is still bonafide with the existence of children from someone outside the marriage, there were other issues such as the person being out of status and having another girlfriend.

I'm not going to say much more, as the moderators clearly said not to make any more topics on the issue. Good luck.

[Ryan H 3,819]

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