husband has another family

[givingup 0]

A friend of mine has been divorced from her husband for a few months, but his gc is unconditional. He can apply for citizenship in about 3 years.

She recently confided in me that she divorced him because she discovered that he had a family in his country that started before they were married and continued during their marriage. In other words, he had another woman pregnant when he married her and produced two more children with that woman after they were married. Apparantly he is split from that woman, but she thinks he plans to try to bring his children over after he gets his citizenship.

Can he, once he has citizenship, claim children who were never claimed during the immigration process? Will he be able to sponsor them as his children?

Is there anything she can do to stop him getting citizenship since she knows he lied during the immigration process.

Just curious. I don't know if she really cares, but it seems so wrong that he should be able to do exactly as he planned all along.

[NigeriaorBust 4,087]

If he lied about the children to immigration not only may they be denied but he could in theory end up deported. If he never has a question about children ( they weren't born when he filed something ) then he won't have issues. So the oldest child may be a problem and the other ones are more dependant on what he has filed since their birth.

[VanessaTony 3,567]

If he lied about the children to immigration not only may they be denied but he could in theory end up deported. If he never has a question about children ( they weren't born when he filed something ) then he won't have issues. So the oldest child may be a problem and the other ones are more dependant on what he has filed since their birth.

Agreed. On one or some of the forms (can't remember which ones exactly) he is asked if he has any children (whether immigrating or not). If he said no to this and had knowledge he DID have children then his residency can be revoked (even his citizenship if it turns out he lied to get it).

If you or your friend have proof he knew of the children at any stage of the process, and didn't declare them when appropriate, then he can get into a lot of trouble.

[JimVaPhuong 4,863]

All of this is going to hinge on whether he is actually married to the other woman.

Not declaring the kids on his immigration forms is not likely to cause any problems, in my opinion. USCIS would need evidence that he knew about them when he filled out the forms before they could conclude there was any misrepresentation. Even if they came to that conclusion, the misrepresentation is not material - neither his visa, green card, nor citizenship depend on whether or not he has kids. The truth would not have affected any decision by either the consulate or USCIS (though it would surely have affected the decision of his US citizen wife!). I've read at least a dozen BIA cases where USCIS has accused an immigrant of misrepresentation. Whenever the BIA determines that the misrepresentation was not material then they throw it out as irrelevant, even when there's strong evidence the immigrant intentionally lied.

Anyway, if he was married to the other woman when he married his US citizen wife then the second marriage is invalid. In that event, USCIS can revoke the original petition that brought him here. His green card would be revoked, of course. If she was his girlfriend and not his wife then there's not much either USCIS or his US citizen ex-wife can do. He no longer has to prove he entered the marriage in good faith. He did that to the satisfaction of USCIS when the conditions were lifted from his green card. At this point, only solid proof of immigration fraud would change anything. Infidelity isn't proof of immigration fraud.

[Boiler 45,662]

Might have been material, if he had just fathered a child before getting his visa when he was supposed to be in a sole relationship with his spouse....

Might also depend on the Country involved.

Devil is in the details and you are never going to get that secondhand, best to get her to post here.

[Fandango 1,439]

She would have to prove he knew at the time of filing that the children were his. Signature on a BC would suffice, but I'm not sure how much it would do.

[givingup 0]

All of this is going to hinge on whether he is actually married to the other woman.

Not declaring the kids on his immigration forms is not likely to cause any problems, in my opinion. USCIS would need evidence that he knew about them when he filled out the forms before they could conclude there was any misrepresentation. Even if they came to that conclusion, the misrepresentation is not material - neither his visa, green card, nor citizenship depend on whether or not he has kids. The truth would not have affected any decision by either the consulate or USCIS (though it would surely have affected the decision of his US citizen wife!). I've read at least a dozen BIA cases where USCIS has accused an immigrant of misrepresentation. Whenever the BIA determines that the misrepresentation was not material then they throw it out as irrelevant, even when there's strong evidence the immigrant intentionally lied.

Anyway, if he was married to the other woman when he married his US citizen wife then the second marriage is invalid. In that event, USCIS can revoke the original petition that brought him here. His green card would be revoked, of course. If she was his girlfriend and not his wife then there's not much either USCIS or his US citizen ex-wife can do. He no longer has to prove he entered the marriage in good faith. He did that to the satisfaction of USCIS when the conditions were lifted from his green card. At this point, only solid proof of immigration fraud would change anything. Infidelity isn't proof of immigration fraud.

But can he bring the children over as his children once he gets citizenship if he never claimed them before?

She says she found emails between him and the other woman about the children, etc. That's how she discovered they existed. She says she saved them (the emails). I don't know what they say, but apparantly the other woman was pregnant when he married my friend, and he had two more children with the other woman after their marriage. His GC was unconditional because it was granted after they had been married for a couple of years. All the children, at least the children she knows about, were already born when he got his GC.

I suppose he could always bring the other woman over as his "new" wife and the children as her dependents.

Like I said, I don't know if she really cares, but it burns me up to think that he could get away with this scam. But I'm still bitter about my husband gambling me into debt while she seems to be much more philosophical about this betrayal, unless it is denial or a survival technique.

[JimVaPhuong 4,863]

Might have been material, if he had just fathered a child before getting his visa when he was supposed to be in a sole relationship with his spouse....

Might also depend on the Country involved.

Devil is in the details and you are never going to get that secondhand, best to get her to post here.

I'm sorry, I guess I missed the requirement that you have to be in a sole relationship with your spouse.

Seriously, nowhere in any of the documents you submit do you have to declare that you aren't screwing around with anyone else. A consular officer could certainly use their discretion to deny the visa if you admitted you were having an affair with someone else, but if they don't specifically ask about it then there's no misrepresentation because you aren't required to disclose it. It isn't even evidence that he wasn't serious about his relationship with his wife. There are plenty of men who are habitual philanderers, but they still love their wives and have no intention of divorcing them. Infidelity is certainly grounds for divorce, but it's not proof of immigration fraud.

But can he bring the children over as his children once he gets citizenship if he never claimed them before?

She says she found emails between him and the other woman about the children, etc. That's how she discovered they existed. She says she saved them (the emails). I don't know what they say, but apparantly the other woman was pregnant when he married my friend, and he had two more children with the other woman after their marriage. His GC was unconditional because it was granted after they had been married for a couple of years. All the children, at least the children she knows about, were already born when he got his GC.

I suppose he could always bring the other woman over as his "new" wife and the children as her dependents.

Like I said, I don't know if she really cares, but it burns me up to think that he could get away with this scam. But I'm still bitter about my husband gambling me into debt while she seems to be much more philosophical about this betrayal, unless it is denial or a survival technique.

He can sponsor the children now, before he gets his citizenship. They are eligible for FB2A visas. As long as he can prove paternity, he could have them here before the end of next summer, most likely. The process would be a little faster if he waits until he gets his citizenship, based on the current visa bulletin, but when you add the time he has to wait to become a citizen it would be much faster to petition for them as an LPR.

I think your friend has the right attitude. Infidelity proves her ex-husband is a piece of #######. It would prove the same if her ex-husband were a US citizen when they met. But it doesn't prove he committed immigration fraud.

[Boiler 45,662]

the other woman was pregnant when he married my friend, and he had two more children with the other woman after their marriage.

So there were none at the original interview, did he declare them when at future points?

[givingup 0]

I think your friend has the right attitude. Infidelity proves her ex-husband is a piece of #######. It would prove the same if her ex-husband were a US citizen when they met. But it doesn't prove he committed immigration fraud.

You are right, of course. And I hope before too long to let it go the way she seems to. But immigration fraud or not, it just doesn't sit right with me that he was able to abuse her trust that way and not only get away with it, but continue to benefit from it.

[givingup 0]

So there were none at the original interview, did he declare them when at future points?

Actually, the way I understand the timeline, they were married for several years before they started the immigration process, so at least two of the children, maybe all of them were born before any interview and before any petitions/applications were filed. Not only that, they have a child together born somewhere in between those three children.

I knew them abroad. I knew her before they were married. I knew she was expecting, and they hadn't started the immigration process at that time. They started it some time after their child was born so, according to what she has told me, he already had at least two children with this other woman, maybe all three, before he immigrated.

He always seemed like such a nice guy. What a complete a$$!!

[Mme Rej 0]

Actually, the way I understand the timeline, they were married for several years before they started the immigration process, so at least two of the children, maybe all of them were born before any interview and before any petitions/applications were filed. Not only that, they have a child together born somewhere in between those three children.

I knew them abroad. I knew her before they were married. I knew she was expecting, and they hadn't started the immigration process at that time. They started it some time after their child was born so, according to what she has told me, he already had at least two children with this other woman, maybe all three, before he immigrated.

He always seemed like such a nice guy. What a complete a$$!!

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Hi, I have not posted here for awhile...Givingup....it sounds like you are writing my own lived true story here! Except, I am not divorced waiting for the annulment to go through.... Why do you have to post for your friend? You are a newbie I see.....

1) If they are truly divorced, and was never reported to ICE or USCIS, the man is free to do exactly as he wants to.

2)He can petition for his children, of course given a good explanation why he never mentioned them on his I-130, because USCIS always goes back to the I-130.. I know that for a fact...given the explanation and accepted, he can bring all of them here..Even his wife/girlfriend. All he has to do is go back to his country and mary her LEGALLY and not traditionally and bingo all is set to go..

3) Prior to his marriage to your FRIEND, according to the law of the United States of America, the man did not have to tell her about anything, his children to prior women and how many he had or has, even if he had/has ten or fifty...

That is the harsh lesson I have learned. I will say it again "prior to his marriage to her" he did not owe her any truth about his private life..

However, after his marriage to her(your FRIEND)that is another aspect..In my case the woman gave birth a few months before I went to his country and married him, so that child is not my business or the USCIS..HOWEVER, she gave birth again 14 months after we were married, so now it is my business and USCIS business...It was all calculated by both of them..I have a good attorney and he is teaching much, that is why, I, again like to spend close to $250.00 for about 75 minutes of his time and everytime I see him.. I get good education and the other one is about to get his also ...Smile, hope I have helped...We have been deceived, that is the term that the law uses and Immigration also..Take care and please be strong, if not for yourself than for your FRIEND...

Peace......