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Posted

I met my wife from Panama. She came to Michigan on a K-1 visa, and we married within 90 days. After a year of marriage, I found out she was pregnant by another man because I suspected her infidelity and hadn’t engaged in sex with her for at least 8 months. I find out she is 2 months pregnant and has left the house to be with her babies daddy. Am I responsible for her and the baby that is not mine and can she be deported??

Posted
4 minutes ago, Bubbe butt said:

I met my wife from Panama. She came to Michigan on a K-1 visa, and we married within 90 days. After a year of marriage, I found out she was pregnant by another man because I suspected her infidelity and hadn’t engaged in sex with her for at least 8 months. I find out she is 2 months pregnant and has left the house to be with her babies daddy. Am I responsible for her and the baby that is not mine and can she be deported??

 

I would consult with an attorney.  The child will be considered yours legally.

 

Quote

How is paternity established?
Married parents: If parents are married to each other when a child is born or when the mother became pregnant, the mother’s husband is the child’s legal father.

Source: https://www.michigan.gov/mdhhs/adult-child-serv/child-sup/how-do-i/establish-paternity

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Please complete your timeline

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Philippines
Timeline
Posted
9 hours ago, Bubbe butt said:

I met my wife from Panama. She came to Michigan on a K-1 visa, and we married within 90 days. After a year of marriage, I found out she was pregnant by another man because I suspected her infidelity and hadn’t engaged in sex with her for at least 8 months. I find out she is 2 months pregnant and has left the house to be with her babies daddy. Am I responsible for her and the baby that is not mine and can she be deported?? 

You need an attorney. You are going to force a DNA test which is ordered by a judge. You should be okay after it is proven her infidelity during marriage and the child is not yours.

From what you're saying she is with baby daddy, so that is good for your case. AFTER the divorce, I would notify the State Department of the divorce, and add the divorce papers and DNA results.

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I-129F Sent : 05-07-08

I-129F NOA1 : 05-15-08

Touched : 06-26-08

NOA2 : 08/29/08

ApprovaL NVC sent:09/01/08

Arrived @ NCV :09/03/08

called NVC 09/04/08 received case #*

NOA2 hard copy in mail Sept. 6, 2008

LetteR from NVC: Sept. 8, 2008

Left NVC : Sept. 24, 2008 > Arrived Sept. 29th

Medical Oct. : 7/13/2008 passed!

Interview date: Oct. 20,2008 7am ***APPROVED***

Visa delivery : Oct. 23,2008

Arrival in USA : oCt. 29 ,2008 POE Houston, Tx.

Life is good !!

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Posted
10 hours ago, Bubbe butt said:

I met my wife from Panama. She came to Michigan on a K-1 visa, and we married within 90 days. After a year of marriage, I found out she was pregnant by another man because I suspected her infidelity and hadn’t engaged in sex with her for at least 8 months. I find out she is 2 months pregnant and has left the house to be with her babies daddy. Am I responsible for her and the baby that is not mine and can she be deported??

@nastra30 asked the most important question so far.  

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

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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: Citizen (apr) Country: Russia
Timeline
Posted (edited)
9 hours ago, nastra30 said:

Did she filed to adjust status after you guys married?

This ^^^^. 

 

We need more immigration related details.  Just marrying within 90 days does not confer LPR status on a person entering with a K1 visa, they also have to complete the adjustment of status (AOS) process.  If this has been completed, you really have no recourse from an immigration perspective unless you have concrete evidence she defrauded you to get the visa, and you are on the hook with the I864.  If she hasn't completed AOS, then divorce and move on and again if you have concrete evidence she defrauded you for the K1 visa, you can report her to ICE.

 

Good Luck!

Edited by Dashinka

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Posted
10 hours ago, Bubbe butt said:

and we married within 90 days

If you have filed an I-864 for her Adjustment of Status, NOW is the time to withdraw it....immediately before a Green Card is approved.

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

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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: Citizen (apr) Country: Canada
Timeline
Posted

~~Non conductive post removed along with one quoting said post. Please stick to helping the OP.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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