Will I be denied GC?

[CandyCane83 0]

In 2012 I had a baby in the US for a married GC holder. He then filed for citizenship under 3 years rule in 2014 and got divorced 6 months later. We both got married right after and he petitioned for my GC. His previous married was bonified and can be proven. Did we break any laws by getting married and him petitioning for me?? Will I be denied my GC??

[Shauneg 762]

Like surrogate?

[newacct 688]

Did he disclose this baby in the list of his children when he applied for Removal of Conditions and when he applied for Naturalization?

[CandyCane83 0]

Yes he did. I even had to give him a letter that stated that he takes care of him.

[CandyCane83 0]

My reason for asking is that when we went to the interview obviously our marriage is bonified because of the baby and the officer even mentioned that but she kept asking my husband questions about his previous marriage including if his x wife knew about the baby. She typed up some questions about his previous marriage and had him sign to the answers. After the interview she said she had to have a supervisor review the case before a decision can be made.

[Shauneg 762]

I have to admit it looks sketchy and you didn't break any laws or rules directly. The CO obviously has full discretion in the matter and it's up to them to decide if this is real or not. I know a baby seems like a good case for a real marriage, but you had the baby before marriage for the other couple. As adults we all know it doesn't take a marriage or relationship to have baby. It may well look like to the CO that this marriage is of convenience to adjust status.....especially divorcing and getting remarried so fast after gaining citizenship (though there is nothing they can do to him now as he's a citizen). I am not one to judge or speak out of line, but they treat everything guilty until proven innocent concerning immigration matters.

For curiosity sake what type of visa were you here on?

[CandyCane83 0]

Visitors visa

[Pinkrlion 2,605]

In the US, having a baby while the father is still married is not grounds for a bonefide marriage. I would think you'll probably have another interview.

[KayDeeCee 4,891]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[LionessDeon 2,060]

Interesting....his marriage to first wife was bonafide, yet you became pregnant by him during that time so that makes your now marriage to him bonafided too. DId you become pregnant while here on your visitor's visa and then stay to have the baby or were you already pregnant when you arrived? (I believe you stated you had the baby in the US) You had the baby in 2012 and he got citizenship in 2014 under the 3 year rule.

So he was married in 2011, you gave birth in 2012, and in 2014 he got citizenship, divorced, and remarried. Within in 6 months of obtaining citizenship he divorced and married you immediately thereafter. Do you see the timeline there?

Sounds very fishy...very. Yes be prepared to be further scrutinized.

Edited July 27, 2015 by LionessDeon

[NigeriaorBust 4,087]

Who may not use the I130 form .......... Read the I130 instruction about this. Because there is an exclusion for someone that was petitioned for their GC through marriage in the last 5 years. Sounds like he may be one of those.

[arken 4,197]

You definitely did not break any laws but the your case will be thoroughly reviewed because of your husband's history. The officer could take your husband's previous marriage as bonafide but might take his marital relationship as not bonafide. What they look for is a bonafide marital relationship not only the bonafide marriage.

Since you gave birth to his baby while he was married to another, it proves you two were in a relationship while he was married. In other words, his marital relationship was not bonafide.

Divorcing withing months of getting citizenship by marriage and then marrying you right after divorce might convince the officers that his whole intent from the very beginning was to marry you and to make you a GC holder. If the officers get convinced that he planned and paved his way with that intent, then yes, you are in a problem.

Hope for the best and good luck..

[CandyCane83 0]

I must add that he was married for about 18 years before we got involved and 20 years before he divorced her.

[Transborderwife 4,666]

My reason for asking is that when we went to the interview obviously our marriage is bonified because of the baby and the officer even mentioned that but she kept asking my husband questions about his previous marriage including if his x wife knew about the baby. She typed up some questions about his previous marriage and had him sign to the answers. After the interview she said she had to have a supervisor review the case before a decision can be made.

A baby doesn't make a marriage bonifide. A baby simply means that you know how to have sex. I as well would expect a second interview.

[LionessDeon 2,060]

I must add that he was married for about 18 years before we got involved and 20 years before he divorced her.

I am confused as to why he got citizenship under the three year rule then.