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

[dwheels76 5,475]

Well on you can;t file for your girlfriend until you are free to divorce ad you said it takes 6 months in your state to get divorce. Make sure you check to see if there's also a waiting period after divorce is final.

Yes it's a red flag no matter how you look at it.

[EM_Vandaveer 2,417]

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

Unless he can prove by clear and convincing evidence that the marriage through which he got a GC was bona fide. Also from the instructions.

That said, I'm not sure if that would be easy to prove or not.

[N and J 88]

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.

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

I am just wondering if you are going to tell immigration you were forced to cheat on your wife? How are you going to explain the relationship was in good faith when you have another child with someone else while you were still married? I'm just saying I don't think immigration is stupid and will do the math. sorry for her having an abortion and not saying anything =( that is not cool....neither is all the lying and cheating. I wish you the best. Seriously I feel bad you had that happen to you =( Good luck!

[squareleg 69]

I am just wondering if you are going to tell immigration you were forced to cheat on your wife? How are you going to explain the relationship was in good faith when you have another child with someone else while you were still married? I'm just saying I don't think immigration is stupid and will do the math. sorry for her having an abortion and not saying anything =( that is not cool....neither is all the lying and cheating. I wish you the best. Seriously I feel bad you had that happen to you =( Good luck!

OP's adultery will not be questioned by USCIS as he is already a citizen. Good faith for marriage #2 can be explained as OP is having a child with the woman for whom he plans to file immigration papers.

I can suggest: OP - you can divorce woman #1 and marry (or start immigration paperwork for) woman #2 (who is currently pregnant). You may receive RFE but if you have necessary evidence, then you can adequately provide explanation. Good luck.....life happens!

Moderator - please consider removing the post above for character assassination of OP.

[N and J 88]

OP's adultery will not be questioned by USCIS as he is already a citizen. Good faith for marriage #2 can be explained as OP is having a child with the woman for whom he plans to file immigration papers.

I can suggest: OP - you can divorce woman #1 and marry (or start immigration paperwork for) woman #2 (who is currently pregnant). You may receive RFE but if you have necessary evidence, then you can adequately provide explanation. Good luck.....life happens!

Moderator - please consider removing the post above for character assassination of OP.

I did not assassinate anyone's character. I asked a specific question and I KNOW it has nothing to do with his citizenship BUT IT JUST MAY cause problems when he tries to bring a new wife here from his own country. There was nothing wrong with what I asked and you can clearly see I was not being rude or attacking his character. Don't try and start trouble.

[Caykay1 71]

Those saying immagration will say Relationship /marriage is fraudulent. How is it fraudulent? So much damage has been done with first marriage I will never advise OP to fix that damage. Because he got GC from a US citizen doesn't mean he has to stay with her. OP can move forward with another person. He's not commitment to stay in first damage.it just didn't work which I believe immigration has seen and witness over and over before we were all born. If someone is having my child, at least I can try to consider working it with that person. The law doesn't put limitation on how many times anyone can marry. It's unfortunate OP has to go through this but if you can prove you both are in love then I will say go for it. But please don't rush because marrying certain times do look good. Good luck

[JFH 12,191]

Regardless of who can or can't or should or shouldn't file, I can't be the only one who feels for the child in all this. There seems to be a lot of baby-making going on without even knowing who the fathers of the children are. That's extremely sad. I suggest you seek help for why you felt the need to look elsewhere when you were already married and seriously think about whether you want to marry this woman who you don't even believe to be telling the truth regarding the paternity of her child. Thus second marriage looks just as doomed as the first.

It seems there is more focus on getting a green card for woman number 2 than building a stable family for the innocent child. The latter should be the priority.

Edited June 1, 2016 by JFH

[Rc123rc 528]

The only thing I can comment on is clear the waters. I think you are "putting the cart before the horse" as they say.

1) File for divorce.

2) Get the divorce finalized. It took 26 months for my divorce to be finalized so be prepared for that. You have to prove you are clear to remarry.

3) Get DNA results for child if you are making decisions to marry based on the child being yours or not.

Good Luck

[japee 0]

Thanks to you all for the suggestions. I guess I just have to get out of my first marriage first by the way of divorce before thinking of filing for the second woman. I actually don't have to file for her but I just think I could as well file for the mother of my child if the DNAS confirms that and start a new family. I don't want to have a baby mama somewhere and get married to someone else. Again, I don't have to file for her and she doesn't even know I am thinking of filing. I am only looking and planning for the future.

[Russ&Caro 1,549]

I did not assassinate anyone's character. I asked a specific question and I KNOW it has nothing to do with his citizenship BUT IT JUST MAY cause problems when he tries to bring a new wife here from his own country. There was nothing wrong with what I asked and you can clearly see I was not being rude or attacking his character. Don't try and start trouble.

Just a bit of advice for N & J on future posting... carefully read the entire thread and especially all posts of the OP before dispensing advice. If you had read carefully you would have noted that the proposed 2nd wife is already here legally on an F1 visa. He is not bringing "a new wife here from his own country."

Start with the beam in your eye and then hunt for splinters in others.

[japee 0]

Just a bit of advice for N & J on future posting... carefully read the entire thread and especially all posts of the OP before dispensing advice. If you had read carefully you would have noted that the proposed 2nd wife is already here legally on an F1 visa. He is not bringing "a new wife here from his own country."

Start with the beam in your eye and then hunt for splinters in others.

You are right Russ&Caro. Although, we are from the same country; she is currently here on a valid F-1 visa, just graduated from grad school and currently working with OPT. Her company is already talking of filing H-1B visa for her at the moment too.

[IcezMan_IcezLady 582]

Where is Hypnos when we need him for his advise?

your story might be genuine but it just seem fishy. is it possible for USCIS to see it as you guys as helping your countrymen to gain residency in the US? Yes. Several F1 visa holders will jump at that opportunity just for a relieve from high tuition cost..So why rush to get her to acquire GC when she is already in the states with you?How long does she have to finish up her education? You are unsure about the child but you are certainly sure about filing for her to be granted immigrant status. You see how crooked that sound?

You should listen to the folks telling you to wait. You have filed for divorce yet.Probably, separation hasn't occurred and you are already planning for another. Besides, it seems like you are only marrying her to help her acquire GC. There is nothing about love but just a pregnancy.

GC is not something to be handing out to baby mamas..Your story would have been "live happens" if it wasn't for the immigration aspect..

Don't waste your money, wait it out. Good luck!

[japee 0]

Where is Hypnos when we need him for his advise?

your story might be genuine but it just seem fishy. is it possible for USCIS to see it as you guys as helping your countrymen to gain residency in the US? Yes. Several F1 visa holders will jump at that opportunity just for a relieve from high tuition cost..So why rush to get her to acquire GC when she is already in the states with you?How long does she have to finish up her education? You are unsure about the child but you are certainly sure about filing for her to be granted immigrant status. You see how crooked that sound?

You should listen to the folks telling you to wait. You have filed for divorce yet.Probably, separation hasn't occurred and you are already planning for another. Besides, it seems like you are only marrying her to help her acquire GC. There is nothing about love but just a pregnancy.

GC is not something to be handing out to baby mamas..Your story would have been "live happens" if it wasn't for the immigration aspect..

Don't waste your money, wait it out. Good luck!

Please read my last 2 comments.

[IcezMan_IcezLady 582]

Please read my last 2 comments.

Your last comment came while I was typing.You can report the Thread to get it locked if you no longer seek anymore advice.

good luck to you and when you start the process, use the guides here to help you.

[japee 0]

Your last comment came while I was typing.You can report the Thread to get it locked if you no longer seek anymore advice.

good luck to you and when you start the process, use the guides here to help you.

I am not saying I am not seeking advice. I directed you to read my last two comments because some of the issues you raised were addressed in them. e.g paying tuition and when she would finish school - she is already a graduate and working.