Will The Mother of My Chile Be Deported?

[theodore23 0]

Hi there,

 

I have multiple questions regarding to our case. I have a girlfriend who I am in love with and have a child. However, she is married with an older man. She has 3 children with the husband. I understand everything sounds wrong and I ask of all of you to please remove the judgement. It has been an incredibly difficult road and I know it will be an even more difficult road ahead.

When my son was born, the wife and husband had my son under their names. However, my girlfriend is wiling to fill the paperwork necessary for a paternity test. My girlfriend is in the process of her removing her conditions from her 2 year green card. She is about to undergo the biometric process for the I-751. My concern is that if I file a paternity test, will it affect her green card status? 

My goal here is to see my son with joint custody and not have the mother of my baby deported.

Thank you for taking the time to read and thank you in advance for any responses.

[theodore23 0]

I also wanted to add that the husband would most likely complain to the USCIS about this if I was able to have my son under my name and if I was able to see my own son. This is the problem I am facing now.

[WandY 430]

I seldom say this, but you need an attorney. This goes beyond immigration. The laws of your state will apply to the child custody. Get a lawyer.

[theodore23 0]

For the child custody, I have talked with attorneys for my child and attaining my child will be more simple through a paternity test with the consent of my signature and my girlfriend. The only problem now is with her green card. I feel that her green card. I have talk to USCIS agents about this problem and have looked on their website and it states she can still remove her restrictions since it is clear that she had a bonafide marriage from having multiple children prior to the marriage and has many documents that shows good faith marriage. Also, her going back to her country will also cause heartache on the children and hardship for herself since her home is a village with farm style living.

 

This is why I believe she may have a strong case and yes I will consult with an attorney about this. I was hoping to see if anyone has advice or experience for this situation.

[Going through 5,671]

9 minutes ago, theodore23 said:

The only problem now is with her green card. I feel that her green card. I have talk to USCIS agents about this problem and have looked on their website and it states she can still remove her restrictions since it is clear that she had a bonafide marriage from having multiple children prior to the marriage and has many documents that shows good faith marriage.

It becomes a bit more complicated than how you've outlined it above.

 

Since she is still legally married to her USC husband, and I'm assuming she has no plans to change the ROC with a divorce waiver, she would be committing immigration fraud right now, if she is staying with him merely for the 10-year green card.  Even after the ROC, it can come back to bite her very hard if found out later on during her immigration journey that she was incorrectly approved/lied/misrepresented facts....another red flag (that could come up if she ever applied for citizenship/green card renewal) would be if she upped and divorced the USC husband right after the approved ROC.

 

If she has no plans to separate/divorce from her husband prior to the ROC filing, it's not just a matter of entering into the marriage in good faith---it is also continuing through the marriage in good faith...I don't know when she is planning on doing the paternity test (I assume that the husband thinks your child is his?), but it can certainly open up a whole other can of worms, leading to misrepresentation/fraud.

 

17 minutes ago, theodore23 said:

Also, her going back to her country will also cause heartache on the children and hardship for herself since her home is a village with farm style living.

USCIS doesn't care about the hardship the foreigner would face....only the hardship the USC spouse/USC children would face would be taken into account during an immigration hearing.  I presume the husband doesn't know about her current relationship with you, so it is doubtful he will plead hardship in her being sent home if it came down to that.

[Boiler 46,132]

She will be able to file to remove conditions with a divorce waiver.

[theodore23 0]

Hi Boiler, could you please expand on what you said. Thank you.

[Ontarkie 14,499]

Actually you just proved that having children do not prove a  bonafide marriage. As she has a child with someone other then her husband while still married. 

[JR loves JR 196]

Your relationship actually puts her ROC into a complicated mess. As stated above, her ROC was filed as a joint petition which means that basically she's claiming that her marriage is ongoing in good faith. Having a boyfriend already makes proving a good faith marriage much harder. If I do my math right, she probably applied for ROC when she was at least 8 months pregnant... And if she got pregnant at the very start of cheating on her husband with you, that means that at most she only had her green card 16 months before moving on to you. And as much as we'd like to think that children are good evidence, all it proves is that you had sex. And if one of her children turn out to be illegitimate, that would make me question the paternity of ALL her kids. So you getting a paternity test will cause a headache for your girlfriend if USCIS finds it... Even if that child turns out not to be yours. And if her husband finds out that she's cheating, she'll most likely have to divorce him and file with a waiver because if not, she needs him to show up at the interview and swear it is a good faith marriage... Not something I'd be too happy to do if I'd just found out my wife was a cheater and my children might not actually be mine.

[theodore23 0]

Thank you responding with this info. The husband knows everything about this. I also know that he is taking advantage of this situation. The other 3 children are his for sure. Please is there anything that can be done?

 

Will she be in trouble if she came forth about all of this including her being pregnant? I just want to be able to resolve this.

[Going through 5,671]

5 minutes ago, theodore23 said:

The husband knows everything about this. I also know that he is taking advantage of this situation.

How is the husband taking advantage?

 

5 minutes ago, theodore23 said:

Will she be in trouble if she came forth about all of this including her being pregnant? I just want to be able to resolve this.

Life happens, people separate or get divorced.  She would be in more trouble, most likely, if she were to remain married to the USC just for the purposes of the ROC, and USCIS found out later on.

[Going through 5,671]

9 minutes ago, theodore23 said:

Please is there anything that can be done?

She can file for divorce, and file the ROC with a divorce waiver.

Edited November 29, 2017 by Going through

[JR loves JR 196]

The ROC process right now is taking 14 months approximately from the time you file until the time you hear something. So if she's pregnant now, she won't be then. I'm not sure if she'd have to add child number 4 to her petition when it's adjudicated or not. 

[Unlockable 7,315]

1 hour ago, theodore23 said:

Thank you responding with this info. The husband knows everything about this. I also know that he is taking advantage of this situation. The other 3 children are his for sure. Please is there anything that can be done?

 

Will she be in trouble if she came forth about all of this including her being pregnant? I just want to be able to resolve this.

How the heck is he taking advantage of finding out another man impregnated his wife??? He has the right to never speak to her again.

 

You keep asking if she could get in trouble. Let me out it this way... her permanent residency is based on the fact that she has a bonafide marriage to a US citizen. Newly wed couples have conditions on their green card because immigration wants to be sure the marriage is genuine. The ROC process requires the couple to prove they have had a bonafide marriage during those 2 years. How bonafide would it look that she wants to remove conditions on her green card based on her marriage to her husband yet is bearing another man's child?

[Scazy 78]

My understanding is that she have already filed a joint petition with her husband, and at the moment of filing her husband knew this  Is your child  but put him/her as his on birth certificate and now they moving forward with a joint petition yet you want to put a child on your name? 

Im confused. Are they starting a divorce process right now? 

you should look for a very knowledgeable and trustworthy layer who specialize in immigration AND  family law at your state.