***DILEMMA: ADVISE NEEDED URGENTLY PLEASE***

[japee 0]

Dear VJ members,

I stumbled on this forum while using Google to seek for help. I am a little bit confused and would like to seek advise and suggestions. Here is my story:

I came here on an F-1 Visa in 2008 and got married to my USC wife in 2012. All the AOS processes were smooth and recently just became a USC myself in March of this year.

I have always wanted a child all these years but my wife said she wanted to complete school before we start producing babies (which I agreed to because of the stress). She graduated in December of 2015 and we began the process of child making.

So one of her friends who is like a sister to me told me that my wife was actually pregnant sometimes in February and aborted it against her advise. I confronted my wife and didn't tell her it was her friend who told me but she later confessed and told me that she just wasn't ready at that time too. Right after that, she started misbehaving and actually saw some texts that she exchanged with men showing that they had sexual intercourse. I confronted her and that led to a big fight. Our godparents had to intervene and she begged and I let it go and I started thinking maybe I wasn't even the owner of the pregnancy and maybe that forced her to abort. I started thinking of so many possibilities.

I have a friend that I met some while ago, we became friends and something happened (s*x) between us during the period that I was fighting with my wife and I found out last month that she is pregnant for me. My wife is unaware of this and I haven't told her yet but coincidentally, my wife just told me this past week that she is tired of the marriage and wants a divorce. To be honest, I was getting tired too and agreed we even go our separate ways since we have both cheated and she even went ahead to abort my child (??). I was loosing interest already. Her close friend told me that she went back to the guy she cheated on me with and I later found out from looking at her phone but haven't confronted her yet and I have kept a record of all these texts.

Now, I have told the lady who said she's pregnant for me that I won't accept the baby until I can confirm the paternity through a DNA test. We have agreed to that and she seems so sure that I am the father. Now that my wife wants a divorce, I am thinking in my head to just marry the woman who is pregnant for me since she would already have my baby after the divorce and she's not a wayward girl as well. However, she is currently on an F-1 visa and I am actually thinking of filing for her if we decide to marry each other. Here are my concerns:

- I don't know when my wife would file for a divorce but I see it coming in few weeks (that would be roughly 3-5 months after I obtained my USC through marriage).

- The divorce process in my state takes at least 6 months to go through. Can I file for my pregnant woman who would likely be my wife at that time?

- I have read somewhere online that USCIS frowns at USCs who file for another spouse in less than 2 years after obtaining the citizenship by marriage.

Simply: Obtained citizenship in March 2016, divorced finalized in April of 2016, married new wife in May 2016 and filed for AOS for her right away.

I am just curious of what to expect and what USCIS would think about my case. I am definitely not happy in my present marriage and just want to move on. I want to have my children and don't even want to stay with a woman who would abort my child. I will appreciate your advise on what best to do or when best to apply for my soon to be spouse.

Thanks.

[kzielu 1,154]

USCIS will be suspicious without a doubt. This looks like classic fraud scenario (not saying it is - looks like it without further details).

[Cheezees 1,514]

This doesn't look good.

[sensuelle1985 10]

I would say to wait at least a year before getting married to her. You can sure move in together and have the family you want. But Getting married right away and filing for her AOS will definitively be a RED Flag.

If I were you I would wait till my citizenship before filling for divorce!

[Anitafeliz 1,133]

If you are already not trusting(DNA) why get married??? You should first be free to marry then be considering it again

Edited May 31, 2016 by Anitafeliz

[NigeriaorBust 4,087]

Did you read the I103 instructions on who may not file ? If you got your green card less than 5 years ago through marriage to a USC you aren't supposed to file for another spouse

[japee 0]

USCIS will be suspicious without a doubt. This looks like classic fraud scenario (not saying it is - looks like it without further details).

I do know it may look suspicious if you really are not in my shoes and that is the reason why I am here. I am willing and ready to prove to the USCIS that this is no scam or whatsoever. I am just worried if this is doable.

I would say to wait at least a year before getting married to her. You can sure move in together and have the family you want. But Getting married right away and filing for her AOS will definitively be a RED Flag.

If I were you I would wait till my citizenship before filling for divorce!

I have my citizenship already. I got in March. And are you suggesting I wait a year after citizenship or divorce?

If you are already not trusting(DNA) why get married??? You should first be free to marry then be considering it again

:no: :no:

Well, I just need to clear any doubt and free my conscience. My current wife is not even making me trust any woman.

Did you read the I103 instructions on who may not file ? If you got your green card less than 5 years ago through marriage to a USC you aren't supposed to file for another spouse

I read it. It was silent about a USC. I am a citizen already and I was wondering why we should be talking about a GC holder when I am not even one.

[EmilyW 1,547]

To be fair, you too are being unfaithful in the marriage. It doesn't seem like a healthy / productive marriage either way.

If it were me, I'd be focusing on resolving the personal issues before tackling the immigration ones. Take a moment to step back, take a deep breath and really determine what you want in life, without noise and panic influencing the decision.

[TakumiKobyashi 5]

I read it. It was silent about a USC. I am a citizen already and I was wondering why we should be talking about a GC holder when I am not even one.

Assuming that you got your citizenship through your wife 3 years after getting your GC, you still gained lawful permanent resident status by virtue of a prior marriage to a US Citizen, and it has not been 5 years since you got your GC. Just because you've now become a citizen doesn't change the fact that you got a GC through marriage to a US Citizen within the last 5 years…

[japee 0]

To be fair, you too are being unfaithful in the marriage. It doesn't seem like a healthy / productive marriage either way.

If it were me, I'd be focusing on resolving the personal issues before tackling the immigration ones. Take a moment to step back, take a deep breath and really determine what you want in life, without noise and panic influencing the decision.

I won't deny that but I was forced to and now a child would be coming out from my action. It's just what it is.

Assuming that you got your citizenship through your wife 3 years after getting your GC, you still gained lawful permanent resident status by virtue of a prior marriage to a US Citizen, and it has not been 5 years since you got your GC. Just because you've now become a citizen doesn't change the fact that you got a GC through marriage to a US Citizen within the last 5 years…

Gotcha!!! I guess I have to wait till when it is 5 years either way. Thanks.

[Caykay1 71]

Just for morals and not immigration stuff, can you just wait to marry her? You don't have to quickly marry her since you even need DNA to prove you're the baby's father. Please do not rush in marrying someone who had an affair with you whiles you were still married. Divorce can be complicated and that can throw you off your time planned. ( wife retaliating and not signing documents quick enough for smooth termination). You do not need to RUSH.

Edited May 31, 2016 by Caykay1

[sensuelle1985 10]

I do know it may look suspicious if you really are not in my shoes and that is the reason why I am here. I am willing and ready to prove to the USCIS that this is no scam or whatsoever. I am just worried if this is doable.

I have my citizenship already. I got in March. And are you suggesting I wait a year after citizenship or divorce?

Well, I just need to clear any doubt and free my conscience. My current wife is not even making me trust any woman.

I read it. It was silent about a USC. I am a citizen already and I was wondering why we should be talking about a GC holder when I am not even one.

Sorry about misreading that information. I re-read it and saw you had it in March of this year.

Yes I would suggest to wait at least a year. If you are having trust issues, you might want to take things slow and analyze your "soon to be mother of your child".

[Makafui 15]

Is the girl who got pregnant for u from the same country u from? if yes, thats a bigggggg red flag

[japee 0]

Sorry about misreading that information. I re-read it and saw you had it in March of this year.

Yes I would suggest to wait at least a year. If you are having trust issues, you might want to take things slow and analyze your "soon to be mother of your child".

Okay. Thanks

Is the girl who got pregnant for u from the same country u from? if yes, thats a bigggggg red flag

Yes, she is from my country. We actually met at one of my country's yearly party.

[Anitafeliz 1,133]

Yes, she is from my country. We actually met at one of my country's yearly party.

this can lead to a bigger problem