hi! i need some advice. my husband was petitioned when he was still single but then i got pregnant and we got married. his interview was scheduled last aug '04 and we got married last sept '04. his visa came last nov '04 and he went to the US then got his greencard on the following month. but he declared that he was single.would it be possible that he can change his status and petition us (me and my daughter)?
i hope someone could give us an idea on what to do. thank you.

I'm confused. Was he engaged to someone else who petitioned for K-1? Which country is he from? Did he enter the U.S. on a K-1 but was already married to you? How did he get a greencard a month after arriving?

If I am reading this right, your "husband" was petitioned by an american citizen so she would have had to have been his "fiancee" but in the meantime he still had you as his girlfriend in your own country and you subsequently got pregnant and he married you all the while still going through the immigration process with an american citizen who I presume still believed him and that he loved her and was free to marry her.Am I correct so far???

And then he went through the interview but married you after his interview for immigration at the US embassy, following on from that he entered the USA as if he was the fiance of the US Citizen, carried on as though nothing was untoward and got his green card and now you want to know if he can petition for you and your daughter, is this also correct and if so what the hell happened to his US fiancee? why did he declare he was single when in actual fact he was married to you, a native of his own country.

As to the greencard, that is definitely too quick for a K1, or was he married to the USC in the first place.??????

Whichever way you look at it, which I must admit from your post is so confusing, it all smacks of fraud to me and if it is as I have stated above, I think you are both in for one hell of a shock when it all comes out.

Please correct me if i am wrong or try to make your post that much clearer.

You definetly need to clarify a bit more because at the moment it looks as though your husband was possibly petitioned by another woman.

Was it an employment based Green Card?

I'm afraid that you are in for a long wait. If may have been possible to add you while he was stil in the process, but now that he has the card, as far as I know, the only thing your husband can do now is file a I-130 for you and your child. Unfortunately, the waiting time for spouses and children of Green Card holders to have an available visa number is years. Eventually your husband can file for citizenship and then upgrade the petition for you if it hasn't been approved yet, but it would likely be about 6 years before that would be completed.

Maybe someone else can correct me, but sorry it's not a great situation to be in

It seems you ask help when you guys already did it all lol..his own couple situation mixed with yours; in addition, (i understand he was involved with 2 ladies, you and the previous lady) he signed "single"...I wonder were was his head when he signed That!!!...Girl, can I give you and only to you my idea??...are you sure you want to stay with him? first question, second: see a lawyer. I have read somewhere that while signing on any type of US official paper, (that rule info i read was about US taxes), "single", while not true, that paper said US are very severe..of course, they consider it a lie...if not a fraud...(that's why i ask if you want to stay with him)...I'm not a lawyer, this intricated situation (especially involving now a kid- which is serious to me)..needs a lawyer asap...and, again, re-think your idea about protecting you and the kid...

Actually, we haven't yet heard millie's details of the situation, so maybe she can shed some more light.

im sorry if i made u a bit confused about our situation. i thought that i have mentioned on my post that may husband's father petitioned him (my father in-law). my husband came here in the philippines. he's father was a US citizen already and he petitioned his children and that includes my husband. we got married here in the philippines but he wasnt able to change his status until now because they think that it could affect his application for citizenship. my question is that, can he still petition us? when could he change his civil status? do u think it could affect his citizenship? i fear that he might not be able to petition us because of his civil status that he had right now. i hope it made my story a little more clearer than my previous post. thank you

I'm not sure what you mean about civil status, but I'm afraid that you are in for a long wait before you can come to the U.S.

It would not have caused problems for your husband's future citizenship application to have petitioned for you and your child. In fact, I would suggest that he apply for you both now. The waiting period for spouses and children of permanent residents is long but at this point, as far as I know, he has no other choice.

It will be 5 years from the date he received his green card (minus 90 days if I recall correctly - you'll have to confirm on the form) before he can apply to naturalize. Then likely 6 months to 1 year before he becomes a citizen, at which time he can upgrade your petitions if they haven't been processed yet.

I would really recommend consulting with an immigration attorney to see if he/she has any advice for other options.

Good luck.

millie,

Your husband should have a consultation with an immigration attorney. For one thing he needs to find out if his mis-representation was a material mis-representation.

Yodrak