Pregnant with another guy's baby

[desert_fox 32]

If you are mmarried at the time of having a baby...your husbands name goes automatically on the birth certificate....state law.

If you want to do otherwise...you will need a lawyer to handle DNA tests etc.

[Tanya Jl12 1]

I'm not gonna put biological father's name neither

[Deputy Purple 1,294]

You said you dont "want" to put his name on the birth certificate. I would think that thats not even an option if he's not the baby's biological father. That certainly would be fraudulant.

Actually in most States when there is a pregnancy during a marriage there is a presumption of paternity. If they are going to stay together then it would complicate things for him to not be listed on the birth certificate as he won't have parental rights. This works in his favor if he's planning to leave her as he can fight child support and the kid is proof of infidelity but if they really are planning to remain together then he should be listed as the father.

[Tanya Jl12 1]

ok,so You trying to say that if he will be in BC that wont make a big problem even if is not a biological father?

[Ontarkie 13,920]

If your are planning on staying together as a married couple and not just for ROC, you will need to really show your marriage is real. Many couples have difficulties from time to time and go on to have great marriages after some work. You may just have to show just how hard you two as a couple are working on your marriage. Get all your documents in order consult with an immigration attorney.

As for the Birth certificate of your child I'm clueless, I was always under the impression that if you are married your spouses name must go on it even if he is not the father. I do not feel you would have to give up your child, that is a personal matter between you/yourself and your spouse.

[belinda63 2,981]

I had the same problem, married and had a child by another man. Think long and hard about this because legally in most states he is automatically considered the legal father of the child and his name will go on the birth certificate. If the two of you ever divorce he will have equal rights to the child even if he is proven to have no biological relationship. I don't think it is an option to not have his name on the BC.

[Boiler 43,570]

Nowhere has it been mentioned they married for Immigration Benefit.

Nor is there any requirement for a conventional marriage.

But the one thing I can be certain of is that this thread will hit the top of the Popularity chart.

[KittyPollitt 284]

You said you dont "want" to put his name on the birth certificate. I would think that thats not even an option if he's not the baby's biological father. That certainly would be fraudulant.

It's quite the opposite in some states. I know in my state, if a woman is married, her husband is automatically placed on the birth certificate. I had to get my daughter's changed, even though I was in the divorce process when she was born..

[Kitten24 5]

We are not going to split up so far

baby will be at least 6 mnths old by the time of interview

Are you not splitting up because he doesn't know you're pregnant with some other man's baby? Or are you not splitting up because he is willing to take both of you in?

And shouldn't your dillemma be: "I want to keep my green card" instead of "I want to keep my baby"? Just sayin'...I think keeping baby trumps keeping GC

[Rob and Jill 82]

Please clarify exactly what you're asking because a lot of it doesn't make sense. This is what I gather so far:

You entered a marriage in good faith.

You had an affair and became pregnant.

You and your husband are staying together, but you don't want the name of ANY man on the birth certificate because you are afraid of losing the baby?

You are not in "super trouble". You had an issue in your marriage and it sounds like you are working through it. If your marriage stays together and works out after something like that, then I think it shows you two are a more mature couple. Perhaps it would be a good idea to go to some counseling together though in order to prove you two are working on it.

If it were me...I would have the biological father's name put on the birth certificate. (If all else fails he is the father and he IS responsible for paying for child support. You didn't get yourself pregnant...it takes two.)Then if he did not want to take part in the child's life and your husband IS willing to do so, have your husband adopt your child.

The other option is to put the biological dad on the BC for legal purposes, and ask him to then sign away his rights. If he does that you are the sole guardian of the child. The birth father has no rights, and your husband would have no rights.

However, I can say with certainity you do not HAVE to put any man's name on the certificate...depending on the state you're living in. Check your local laws!!!

[Otto 83]

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[pushbrk 12,141]

We are not going to split up so far

baby will be at least 6 mnths old by the time of interview

If you and your husband have decided to stay together, then what you do about the birth certificate is up to you. It need not be an issue at removal of conditions unless one of you makes it an issue. The caution is that removal of conditions requires either your husband's support or that you be divorced in time to apply on your own.

[Myopia 93]

yeah, that's the thing that I'm in the middle of the marriage and getting pregnant with somebody else((((((((((((((((((((((

I dont know the laws in the state that you live in specifically but I do know that in most states if you are married and pregnant, the father of the baby is assumed to be your husband.

[texas-gal 3]

Because they are married now and if they are married when the bay is born, he might be the legal father. You might check into that because it might not matter if he's not the biological father since you're planning on staying married.

[kennym 275]

To the poster..

This is, first off, a relationship issue which is way more complex than the capabilities of this website.. You really need to get your arms around your relationship, because part of the descision, really is dependant on the future of your relationship..

So, in my humble opinion, you priority is to focus on your husband and decide if you relationship is going to get through this.. Once you know that, then you can discuss what is best for you from an immigration standpoint..

None of us have the needed information to advise you since this is pretty complex personal matter first then secondly an immigration matter..

That's my opinion...

Kenny

Edited November 10, 2010 by kennym