Help needed for single married mother plz

[Mama251 0]

Hi everyone.this forum is recommended to me by a friend i hope you guys can help me .its complicated issue for sure but i hope not to get judgmental comments of any kind as we are all from different places all over the world with differences in cultures and religious practice still have the equality of humanity we all born with.

my issue is that over 6 yrs ago i got married to my husband in religious marriage in our country ‘but my husband had his usc wife and they were having troubled marriage already at the same time she knows all about it and asked for me not to come to usa and i agreed ,i was expecting at that time and my first child was born months later my husband left to his wife and i stayed in my country ,she already had problem with him before me and all increased once they lived steadily together.she applied for divorce before he gets his permanent GC issued;he removed conditions on his own i got two more kids of him visiting once a year for a month after she left him and we are still married and im pregnant now with our fourth child .his usc is now history to us and they are still a hello or need help friends and its fine .now my husband is applying for citizenship:the questions are :how our marriage and our kids affect him in naturalization? How can he applies for us to immigrate to Us ?the lawyer said we need newmarriage for us then apply but should he apply for us now or he better waits untill being a citizen ?what is the situation of our kids ?the lawyer scared me that our children may not be able to travel coz of time they were born while he was married to his wife or during their divorce period .Im tired of us being apart like this ;tired of being single married mother i just want them to be raised in a true family that is all not like i will die just to go to usa .i believe that god is great and whatever is meant to happen to me and my kids will happen no matter what .i hope to get advice from you that i can work on thx in advance .

[Ben&Zian 4,398]

Definately sounds like first is need to officially get married as the religious ceremony wouldn't be recognized if he was married in the US already..... he may have some thing to worry about also if the US found out he tried having two wives at once. That is illegal in the US and if he is just an LPR, could be issue for him in sense of his residency. 

[Mama251 0]

1 minute ago, Ben&Zian said:

Definately sounds like first is need to officially get married as the religious ceremony wouldn't be recognized if he was married in the US already..... he may have some thing to worry about also if the US found out he tried having two wives at once. That is illegal in the US and if he is just an LPR, could be issue for him in sense of his residency. 

Yes i know about that part we need to get married very soon but the thing is how the uscis recognize our kids esp the first two who were born with him still in the first marriage?thx for your time 

[Ben&Zian 4,398]

5 minutes ago, Mama251 said:

Yes i know about that part we need to get married very soon but the thing is how the uscis recognize our kids esp the first two who were born with him still in the first marriage?thx for your time 

 

Thats the main thing. His first wife, now ex, continued it seems to sponsor him through his GC process, at least up to his removal of conditions... now him having to state that he was with someone else and having kids.. doesn't exactly look good if you know what I mean. USCIS can always go back and review approvals if they wish to if new facts come into play. How they would view it, I can't say for sure but for me I would be asking a lot of questions about the legitimacy of his original marriage, you know the way he got his original green card to begin with.

 

Honestly nothing may come of it... but also originally did he do removal of conditions for his permanent green card after you had your first or second child? Did he admit and list the child on the forms? These are all important details because if he didn't then he lied.

 

If he did, really might just be as easy as marrying and filing for F2A and then upgrade it to CR-1 once he gets his citizenship. Is good you have a lawyer though for this.

Edited July 30, 2018 by Ben&Zian

[Mama251 0]

1 minute ago, Ben&Zian said:

 

Thats the main thing. His first wife, now ex, continued it seems to sponsor him through his GC process, at least up to his removal of conditions... now him having to state that he was with someone else and having kids.. doesn't exactly look good if you know what I mean. USCIS can always go back and review approvals if they wish to if new facts come into play. How they would view it, I can't say for sure but for me I would be asking a lot of questions about the legitimacy of his original marriage, you know the way he got his original green card to begin with.

Yes my first child was born while they were married but he was not at the states at that time ;my second child was born during divorce process .i don know about the forms he did before but he removed conditions on his own .do you think that they may take our kids as “born out of marriage”or this is not the real deal

[Ben&Zian 4,398]

1 minute ago, Mama251 said:

Yes my first child was born while they were married but he was not at the states at that time ;my second child was born during divorce process .i don know about the forms he did before but he removed conditions on his own .do you think that they may take our kids as “born out of marriage”or this is not the real deal

 

Born out of marriage has nothing to do with it since they are his kids and DNA could prove that... main issue is will this make his first marriage, the reason he got a green card originally look fake? Again when he did his own removal of conditions, did he list all children he had with you? Regardless if married or not I believe the forms ask about children so he should have listed them... if he didn't, then that could raise major issues as to why he would omit that info on official documents. 

[Mama251 0]

1 minute ago, Ben&Zian said:

 

Born out of marriage has nothing to do with it since they are his kids and DNA could prove that... main issue is will this make his first marriage, the reason he got a green card originally look fake? Again when he did his own removal of conditions, did he list all children he had with you? Regardless if married or not I believe the forms ask about children so he should have listed them... if he didn't, then that could raise major issues as to why he would omit that info on official documents. 

Again i don know if he was asked such a question about the kids or not he hired a lawyer who did all of paper work and they didnt ask him that question 

 

[geowrian 22,338]

9 minutes ago, Mama251 said:

Yes my first child was born while they were married but he was not at the states at that time ;my second child was born during divorce process .i don know about the forms he did before but he removed conditions on his own .do you think that they may take our kids as “born out of marriage”or this is not the real deal

The kids were born out of marriage...as far as the US government is concerned, you were not married. A second concurrent marriage (registered with the government or not)  is not recognized by the US.

That doesn't exclude them from being recognized as his children, although a DNA test may be requested.

 

The overlap of relations while married would likely be cause of heavy scrutiny of the marriage, though.

 

And yes, they will look through all previously filed immigration forms and/or statements at interviews as necessary. If he failed to list the children, it will likely be viewed as hiding them. I don't think this qualifies as a material representation, but it will raise scrutiny even more if there's suddenly other children and a second wife coming into the picture.

 

Edit:

2 minutes ago, Mama251 said:

Again i don know if he was asked such a question about the kids or not he hired a lawyer who did all of paper work and they didnt ask him that question

What the lawyer put is irrelevant...it's his form with his signature so he's responsible for it.

The I-751 does request all children to be listed. So if not listed, this would be a misrepresentation. It may not be material, although the IO and/or CO may determine that they were not listed to avoid questions about the existing marriage during ROC.

Edited July 30, 2018 by geowrian

[Ben&Zian 4,398]

4 minutes ago, Mama251 said:

Again i don know if he was asked such a question about the kids or not he hired a lawyer who did all of paper work and they didnt ask him that question 

 

 

Well the removal of conditions is not my area of knowledge as we haven't gotten to that stage ourselves so others with more extensive personal knowledge of it will have to comment on this honestly. 

 

@Roel maybe can clarify about this or not.

Edited July 30, 2018 by Ben&Zian

[Marieke H 2,524]

It would be good if he could create an account here and join the conversation, so he can answer some of the very important questions that were asked and that you were unable to answer. Without all this information, it is impossible to tell you what this mess means for his naturalization and subsequently, your chances to immigrate with your children.

[Mama251 0]

5 minutes ago, geowrian said:

The kids were born out of marriage...as far as the US government is concerned, you were not married. A second concurrent marriage (registered with the government or not)  is not recognized by the US.

That doesn't exclude them from being recognized as his children, although a DNA test may be requested.

 

The overlap of relations while married would likely be cause of heavy scrutiny of the marriage, though.

 

And yes, they will look through all previously filed immigration forms and/or statements at interviews as necessary. If he failed to list the children, it will likely be viewed as hiding them. I don't think this qualifies as a material representation, but it will raise scrutiny even more if there's suddenly other children and a second wife coming into the picture.

 

Edit:

What the lawyer put is irrelevant...it's his form with his signature so he's responsible for it.

The I-751 does request all children to be listed. So if not listed, this would be a misrepresentation. It may not be material, although the IO and/or CO may determine that they were not listed to avoid questions about the existing marriage during ROC.

So if this happens that the IO determine that they were not listed-to avoid questions ,will this be a big issue in the first place that will affect my husband naturalization ?can he mention all the kids now or better just mention the youngest child in the naturalization forms?

[geowrian 22,338]

1 minute ago, Mama251 said:

So if this happens that the IO determine that they were not listed-to avoid questions ,will this be a big issue in the first place that will affect my husband naturalization ?can he mention all the kids now or better just mention the youngest child in the naturalization forms?

Possibly. Possibly not.

He must list all biological children on any forms where they are requested. You can't undo the past, but you must be truthful in any questions moving forward.

Edited July 30, 2018 by geowrian

[Mama251 0]

7 minutes ago, Ben&Zian said:

 

Well the removal of conditions is not my area of knowledge as we haven't gotten to that stage ourselves so others with more extensive personal knowledge of it will have to comment on this honestly. 

 

@Roel maybe can clarify about this or not.

Thank you so much for your great help you are very nice 

[Pinkrlion 2,724]

9 minutes ago, Mama251 said:

So if this happens that the IO determine that they were not listed-to avoid questions ,will this be a big issue in the first place that will affect my husband naturalization ?can he mention all the kids now or better just mention the youngest child in the naturalization forms?

Bigamy is a violation of moral character and he will be denied citizenship.

Edited July 30, 2018 by Pinkrlion

[Ben&Zian 4,398]

1 minute ago, Pinkrlion said:

Bigomy is a violation of moral character and he will be denied citizenship.

 

That was main concern I read really, even in a "religious" ceremony, they could definately see that as exactly that, bigomy, which could really hurt his residency let alone citizenship.

Edited July 30, 2018 by Ben&Zian