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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

Hi All -

 

This is a sensitive subject so please no negative comments. I just found out that my husband cheated on me and a child was conceived from the affair.  I am still working through my mind, but the timing is awful because we have to apply for his removal of conditions from a CR-1 to IR-1.  We have decided to move forward with it because we don't want to hastily decide to end the marriage and for he to have to return to his native country.

 

My question is on the application for the I-751 we have to provide a birth certificate for all children born during our marriage as proof of our relationship, however, since the child was not born to the both of us, but rather to him and another woman, do we still need to provide this information?  Any guidance is helpful, thanks!

Filed: Citizen (apr) Country: Poland
Timeline
Posted
5 minutes ago, ampabst said:

Hi All -

 

This is a sensitive subject so please no negative comments. I just found out that my husband cheated on me and a child was conceived from the affair.  I am still working through my mind, but the timing is awful because we have to apply for his removal of conditions from a CR-1 to IR-1.  We have decided to move forward with it because we don't want to hastily decide to end the marriage and for he to have to return to his native country.

 

My question is on the application for the I-751 we have to provide a birth certificate for all children born during our marriage as proof of our relationship, however, since the child was not born to the both of us, but rather to him and another woman, do we still need to provide this information?  Any guidance is helpful, thanks!

Yes. It his child and he needs to list all his children.

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted

Listing the child will bring questions, etc.  But failure to list the child could be seen as misrepresentation later.........I'd definitely list the child.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted

Thanks All!  I kind of thought that was the case.  I already included the information in the application itself but wanted to confirm if the Birth Certificate was definitely needed. Better to be safe than sorry.  I am sure this will definitely mean that an interview gets scheduled. I appreciate all the help.

Posted

I'm so sorry you are finding yourself in a situation like this.

I agree with above posters. It's a sticky situation and I would expect a lot of scrutiny at the possible ROC interview but you have to list the child.  

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  

'Merica. 

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted
5 minutes ago, NikLR said:

He can file with a divorce waiver, you have zero need to file jointly with him.  They're not going to deport him just because you decided to divorce.  

 

BTW, I highly suggest getting yourself tested for STDs.  Obviously he wasn't using protection 100% of the time with someone else.  Who knows who else he may have been with unprotected.  

If we do this, do we have to get divorced?  What if we do decide to stay together.  I don't want it to seem like we are lying and have it affect his status.

Posted
3 hours ago, NikLR said:

if he chooses the divorce waiver at the beginning then yes you have to get divorced.

 

Do you want to stay with someone who had a child with someone else?  I would not but you are not me. 

 

You can start the process as married and if you decide to divorce during the process he can switch to a divorce waiver. You do not have to do the whole process as married should you decide you really do not want to stay with him. 

 

I do highly suggest separating for a time to get your thoughts in order.  Do what's good for YOU.  

To that, I would also add that a few sessions with a counselor, on your own, or together, might help you make sense of the situation a see what's your best plan from now on.  Take care. 

Filed: AOS (apr) Country: Canada
Timeline
Posted

was it a one night stand? was it a child that he wants? a long time affair?

 

who is to say he wont get his ROC and then run off with this woman? I mean, i guess if it was a one night stand he could always not say . he is the father.. but i assume that him being the father means he is stepping up to the plate?

 

i am willing to bet their is more to this story then you know and he is withholding information from you. like how did they meet and did he know this woman before?

 

 

Posted
2 hours ago, caliliving said:

 

 

I mean, i guess if it was a one night stand he could always not say . he is the father.. but i assume that him being the father means he is stepping up to the plate?

 

 

 

Except that she can take him to court and get him to pay child support and she should. 

 

OP, you really don't need to worry about his immigration status. He can remove conditions without you. But even if he couldn't, you owe him nothing after he betrayed you like this. There's no need to set yourself up for more pain. 

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline
Posted
13 hours ago, NikLR said:

if he chooses the divorce waiver at the beginning then yes you have to get divorced.

 

Do you want to stay with someone who had a child with someone else?  I would not but you are not me. 

 

You can start the process as married and if you decide to divorce during the process he can switch to a divorce waiver. You do not have to do the whole process as married should you decide you really do not want to stay with him. 

 

I do highly suggest separating for a time to get your thoughts in order.  Do what's good for YOU.  

Thanks!  I think that for now we will stick with applying together.  We are working on the relationship to see if staying together is what we want.  If we do get divorced he will just go back to Mexico, the only reason he is in the US is to be with me.  So he either forfeits his resident status if we decide to divorce now or we apply for the removal of conditions and work on our relationship.

 

Also, I would take time to consider the situation but his removal of conditions is due next month.

 
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