An odd situation

[grandslam 0]

here is an odd situation and will appreciate your valuable advices!

i have been married to a US citizen for over 2 years and after short we were separated( but never divorced!) ,she went back to the states and we never applied for any immigrant visa considering our fluctuating marriage and circumstances

as life goes on she met someone and got pregnant there and she is about giving birth soon in the US and as we got in touch again later we were discussing a new life as we feel we really need each other and can get over whatever happened in the past.

she offered naming me as the father of the kid and to go through the petitions to bring me to the US so we can get back to each other and live as a family .

i really need to know either the positive or negative effects of that on the application and in general ? it's also to be mentioned that we haven't met physically for over a year and of course it can never be claimed that her kid is actually mine !

though it is a major concern now that if we go through the procedures of immigration we want to make it in as short period as possible so we can at least forget the past as easy and start our new phase of our life together.

your advices are highly appreciated and thanks in advance for every detail you give us

[Anh map 2,098]

Paternity doesn't help make immigration any faster or easier.

As you are married she can file a petition for a spouse visa and you will be interviewed in your home country. The interview will be to establish the bona fide marital relationship.

See the Guides tab at the top of any VJ page for your options.

[trailmix 77]

I would suggest she not name you as the Father on the birth certificate, as there is no way you can be the Father, it would certainly look suspicious.

[Lancelotte25 1]

She can file a petition for you but how long before you had a communication again? It seems like a long period of time already.

But how in the world that you know that this is the solution, first thing your relationship didn't last that long and now that she is pregnant she wants you to be the father to her child?

I don't know, but this sounds really complicated.

[sachinky 465]

Since you weren't in physical contact during conception, naming you as the father only looks stupid.

Apply for a CR1/IR1 for your wife. And file a simultaneous I-130 for the kid.

Before you do apply, consider taking a trip or two to visit her so you can bolster your bonafides.

[Anh map 2,098]

Since you weren't in physical contact during conception, naming you as the father only looks stupid.

Apply for a CR1/IR1 for your wife. And file a simultaneous I-130 for the kid.

Before you do apply, consider taking a trip or two to visit her so you can bolster your bonafides.

Wife is US citizen. OP is potential immigrant.

[sachinky 465]

Whoops. I didn't read correctly. Then a I-130 should be filed by the USC wife for the OP.

The kid is immaterial.

And have your wife visit you to bolster your bonafides since you've not been living as a married couple.

Edited December 28, 2009 by sachinky

[peterjoy 0]

It seems she is just looking for possible father of her child now,,, don't you think what are the possible things that will happen to you when you come here and your wife is giving birth?,,,don't get me wrong but in my own opinion she is looking for someone who can turn too co'z of her situation now...Don't you think of becoming a babysitter when you arrive? Of course if you really love her you wont mind everything right? but this might be possible when you get here with her...just a reminder friend..think first before you do your move.....

[Chica Yeyé 41]

It seems she is just looking for possible father of her child now,,, don't you think what are the possible things that will happen to you when you come here and your wife is giving birth?,,,don't get me wrong but in my own opinion she is looking for someone who can turn too co'z of her situation now...Don't you think of becoming a babysitter when you arrive? Of course if you really love her you wont mind everything right? but this might be possible when you get here with her...just a reminder friend..think first before you do your move.....

The OP did not ask for relationship advise, but for immigration advise.

OP: your wife can file an I-130 for you when she is ready. Indeed, bolster your bona fide evidence and be ready to be thoroughly grilled at your interview. The child, like sachinky said, is immaterial for the purposes of immigration. Good luck.

[ao_cons 1]

Well, it sounds suspicious to me too. But he isn't asking about our opinion on their relationship.

There is no legal barrier to her petitioning you since you're still married. I think there's a condition you must have met in person in the last 2 years, but that's for the K1 I think. What could be suspicious here are 1) you two not being together in so long, and 2) why she has a baby that isn't yours (if all her children have to be declared in the petition).

I don't recall the petitioner needing to disclose children if any. As I recall, it's the beneficiary who has to list the children he or she has, and who's coming with him or her.

[Ladylethal 12]

I don't think the meeting in 2 years is an issue for a marriage visa. The wife can file the I-130 but as others have said I'd find time/money to visit each other for strengthening the bonafide evidence.

[leith@Ievgeniia 8]

she leaves you returns back to usa... gets pregnate from somebody and now contacts you and say come here and you can have kid and we live as family...is she NUTS!!!!

you take responsiblilty for somebody child? where is her commitment to you. to family with you? or even care about you during this and now ..

i suggest to leave this crazy woman alone and divorce before she tryies to get you involved with this child.

sounds like true father of child is married or someting like will cause him much problems if found out.

you rely do not need this problem and i doubt if she turly loves you. that is relay we get married for love and desire to be with somebody you care about and cares about you. this one cares about her problem and you can fix it and she saves face.

move on and get divorced..

only my openion and yes i have very blunt openion

[Chica Yeyé 41]

she leaves you returns back to usa... gets pregnate from somebody and now contacts you and say come here and you can have kid and we live as family...is she NUTS!!!!

you take responsiblilty for somebody child? where is her commitment to you. to family with you? or even care about you during this and now ..

i suggest to leave this crazy woman alone and divorce before she tryies to get you involved with this child.

sounds like true father of child is married or someting like will cause him much problems if found out.

you rely do not need this problem and i doubt if she turly loves you. that is relay we get married for love and desire to be with somebody you care about and cares about you. this one cares about her problem and you can fix it and she saves face.

move on and get divorced..

only my openion and yes i have very blunt openion

Again, the poster asks for immigration advise, not relationship counseling. this is an upper forum, please keep responses related to the immigration topics at hand.

[VanessaTony 3,567]

here is an odd situation and will appreciate your valuable advices!

i have been married to a US citizen for over 2 years and after short we were separated( but never divorced!) ,she went back to the states and we never applied for any immigrant visa considering our fluctuating marriage and circumstances

as life goes on she met someone and got pregnant there and she is about giving birth soon in the US and as we got in touch again later we were discussing a new life as we feel we really need each other and can get over whatever happened in the past.

she offered naming me as the father of the kid and to go through the petitions to bring me to the US so we can get back to each other and live as a family .

i really need to know either the positive or negative effects of that on the application and in general ? it's also to be mentioned that we haven't met physically for over a year and of course it can never be claimed that her kid is actually mine !

though it is a major concern now that if we go through the procedures of immigration we want to make it in as short period as possible so we can at least forget the past as easy and start our new phase of our life together.

your advices are highly appreciated and thanks in advance for every detail you give us

I think you're asking about naming you as the father rather than actual judgements on your relationship but the 2 kinda go hand in hand. Firstly, in general, naming you as the father when you're not opens a whole bunch of trouble. In the event you and your estranged wife don't work out, you are responsible for the child, and the actual father misses out on HIS rights as well as responsibilities such as child support. You don't have to be the biological father to BE a father to the child. It's better to be honest. Also, I don't know what happened with your relationship in the past, but starting back up again with the huge lie of pretending the child is yours when it's not is foolish. I can only imagine the sort of strain that could put on a relationship.

I did read once that in America a child born in wedlock is assumed to be the husband's child whether it is or isn't... but then I don't know if that was state specific.

In relation to the application, what I am wondering but don't know is, what effect will it have on your application bc your wife had a child to someone else while you two were married, as well as you guys not living together so long. That would be the only difficulty I see. I've only done the K1 application so I dont know what the requirements of a relationship the spousal ones require.

Good luck with it all.

Edited December 28, 2009 by Vanessa&Tony

[Brother Hesekiel 2,236]

As you are still married, and married for over 2 years, your USC wife can petition for you via IR-1. Smooth sailing, rewarded with a 10-year Green Card.

Don't claim to be the father of a child you are not, for so many reasons, one of them that it has zero influence on your immigration case. If you like, you can later adopt the child and be the formal Daddy.