pregnant, but not from husband..not a citizen

[Olga1111 1]

Just one month ago recieved my first Green Card( im non-citizen). I'm married to US citizen.. But the problem is that i'm 10 weeks pregnant now, but not from my husband. What i'm going to do now is to get devorce and marry my baby's father. I'm not sure will it work or not..? IS it possible to stay in the USA, Is it accaptable for immigration?

or it will be better stay devorced when it will be time for delivery.. the reason IS that i dont want to loose my child in case if my husband( it's not even his baby) or biological father would like to deportate me and leave baby in the USA. Just don't know how it works in the USA...

thanks!

[SisJ 13]

Here's a link to a similar topic that was posted not long ago, Maybe you can find some answers from it....Good Luck!

http://www.visajourney.com/forums/topic/282159-pregnant-with-another-guys-baby/

[YuAndDan 153]

If you have a 2 year green-card you will need to remove conditions jointly with your spouse that you got green-card with. You wont be able to remove conditions jointly with a newer spouse.

You will need evidence of marriage in good faith, however, from the I-751 form, unless divorced, you need to file this jointly.

Some searching resulted in this:

QUOTE Two ways to show that a marriage was entered into in good faith are proving that the couple had a child together and producing evidence that the couple owned property jointly. http://www.divorcenet.com/states/new_jerse...ion_and_divorce

QUOTE Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

Filing after Divorce or Annulment

A conditional permanent resident with a marriage that was terminated due to divorce or annulment must file for a waiver of the requirement of the joint filing of Form I-751. To obtain an approval of the I-751 and be granted unconditional lawful permanent resident status, the conditional permanent resident spouse must be able to show that s/he entered into the marriage in good faith.

The person seeking permanent resident status should expect to undergo an interview at the USCIS about the marriage. The USCIS will closely scrutinize whether the marriage was bona fide at its inception. The USCIS will review the divorce decree and complaint for matters that may be reflective of whether the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS. http://www.murthy.co...s/n_remcon.html

[CarlosAndSveta 808]

Just one month ago recieved my first Green Card( im non-citizen). I'm married to US citizen.. But the problem is that i'm 10 weeks pregnant now, but not from my husband. What i'm going to do now is to get devorce and marry my baby's father. I'm not sure will it work or not..? IS it possible to stay in the USA, Is it accaptable for immigration?

or it will be better stay devorced when it will be time for delivery.. the reason IS that i dont want to loose my child in case if my husband( it's not even his baby) or biological father would like to deportate me and leave baby in the USA. Just don't know how it works in the USA...

thanks!

How can you be so sure that your husband is not the father of the baby? I think under U.S. law the presumption is that your husband is the father of the baby until you can prove otherwise with a DNA test.

[Deputy Purple 1,294]

How can you be so sure that your husband is not the father of the baby? I think under U.S. law the presumption is that your husband is the father of the baby until you can prove otherwise with a DNA test.

One of the questions asked in a divorce is if the woman is currently pregnant. If she is and the man contests paternity then the judge will require DNA testing to establish paternity.

[Aztec&Taino 144]

Does your husband know that you are pregnant and that it is not his baby? Also, how can you be so sure it is not your husband's baby? Have you already discussed with your husband your plans to divorce him? As another member said, it is true, divorce decrees do have to declare that wife is not currently pregnant because it is presumed that if a wife is pregnant the unborn child's father is the husband. I am not sure, but maybe the judge could delay the divorce ruling until the child is born and a DNA test can be conducted...

Edited January 12, 2011 by Aztec&Taino

[JeroenAndMichelle 28]

Well this sure ends up high in the list of odd stories I read on VJ so far... but oh well, it's not up to me to judge on it.

the reason IS that i dont want to loose my child in case if my husband( it's not even his baby) or biological father would like to deportate me and leave baby in the USA. Just don't know how it works in the USA...

thanks!

Anyways, I highly doubt you will see yourself being deported while the baby is going to be left behind in the US. If either one is trying to do that (then again, I doubt the non-biological father will have any say in this as the kid is nothing to him), they will most likely fail to keep the baby in the US. Reason why I think so is because I have seen a few similar situations before (kind of a prejudice but my wife is an American-born Filipina and because of that we see a lot of things in the immigration sector, and we've also seen a few being deported due to several reasons but one of them was similar one to yours) and I have not seen once that the baby did not join the mother back to the Philippines, even though the kid that was born was a kid with US citizenship and an American passport. Thing is, unless they have a VERY good reason that you are not fit to be a mother, the judges usually rule in favor of the mother (if it even comes that far.. either way, the USCIS will not judge over the baby).

[Krikit 1,163]

Most posts removed for TOS violations. Some portions of edited posts have been returned below. Also, a number of you will find you've been thread-banned. Please keep the off topic type comments out of the immigration forums or you will be thread-banned also. Thank you.

You got your Green Card 1 month ago, but you are 2-1/2 months pregnant with a child conceived by another man?

[snip]

What that means, simply in mathematical terms, is that you were unfaithful to your husband already a month-and-a-half before getting your Green Card, most likely before even having the AOS interview (if you had one). That also implies that you weren't completely forthcoming at the AOS stage. With those facts, how in the world could you possibly proof that you entered the marriage in good faith?

[snip] You will need to get a divorce and right afterward need to file the I-751 with a waiver. The I-751 will be denied and you'll have your day in court in front of an immigration judge. At that point your attorney will point out that you found another man whom you are ready to marry and if the judge can be convinced that this isn't something you'd do in order to preserve your immigration benefits, you might be able to file a new AOS petition.

T

Divorce laws are state by state. When i divorced a couple years ago, there was no mention of my then wife being possibly pregnant or not. With the father being in question, blood tests will be performed and if this doesnt exclude your husband as the father, DNA testing will be ordered.

How do you know your husband is not the father?

I think that your unfaithfulness shows that you didn't enter into the marriage in good faith [snip].

[snip]

Now, to your story: like others have said, are you 100% that the baby isn't your husband's?

Falling pregnant with someone else while still married to your sponsor and then divorcing him and marrying the other guy is unlikely to get you very far when trying to remove conditions, as it will be obvious that you didn't enter the marriage in good faith, so a waiver is unlikely to get approved for you. Even if you stay married to your present husband and have someone else's child, that's still grounds for denial for USCIS.

You'd need a very competent and experienced lawyer, but still your chances would be very low either way.

Chances are that you'll become deportable and you won't be able to remove conditions. [snip]

[rika60607 215]

Do you have permanent or 2 year GC?

If you have a 2 year GC, you will need to remove conditions, and to do that, unless you reconcile with your husband, you have to get a divorce.

New marriage will not help you to remove conditions.

If you are worried that baby's daddy might take this baby away from you, then you should not be marrying him. No trust = bad marriage. Once you go through divorce in the US, you will realize that it is a very serious and expensive process with heavy impact on your life. Do not marry again unless you are sure that he is the right one.

Just one month ago recieved my first Green Card( im non-citizen). I'm married to US citizen.. But the problem is that i'm 10 weeks pregnant now, but not from my husband. What i'm going to do now is to get devorce and marry my baby's father. I'm not sure will it work or not..? IS it possible to stay in the USA, Is it accaptable for immigration?

or it will be better stay devorced when it will be time for delivery.. the reason IS that i dont want to loose my child in case if my husband( it's not even his baby) or biological father would like to deportate me and leave baby in the USA. Just don't know how it works in the USA...

thanks!

[Krikit 1,163]

One more post has been removed and the member has been banned from the thread. Anymore such posts will result in a suspension from the board. This is your final warning.

[Fandango 1,439]

Editing to remove now-removed post before my post gets invis'd

Anyways, she's not eligible for any benefits. USCs aren't going to be paying for her or her child.

Furthermore, nowhere (that I know if) is it defined by USCIS that there needs to be fidelity within a marriage. Who knows, maybe they're swingers, I dunno. But at the end of the day, there's a USC father in the picture somewhere, and whatever the case may be, she's now in a situation where it's not necc ethical to leave with the baby either.

Edited January 12, 2011 by Lisa C

[VanessaTony 3,567]

Editing to remove now-removed post before my post gets invis'd

Anyways, she's not eligible for any benefits. USCs aren't going to be paying for her or her child.

Furthermore, nowhere (that I know if) is it defined by USCIS that there needs to be fidelity within a marriage. Who knows, maybe they're swingers, I dunno. But at the end of the day, there's a USC father in the picture somewhere, and whatever the case may be, she's now in a situation where it's not necc ethical to leave with the baby either.

She is eligible for WIC because it's about the USC baby, not her. Is that not paid for by tax payers? I honestly don't know.

[Krikit 1,163]

One more post removed and author banned from thread.

[Fandango 1,439]

She is eligible for WIC because it's about the USC baby, not her. Is that not paid for by tax payers? I honestly don't know.

Good point...I'm not really sure about her eligibility for WIC, but as the child is a USC by blood, I don't have a problem with that. The USC could have impregnated any USC who would need WIC.

[sara..... 371]

She is eligible for WIC because it's about the USC baby, not her. Is that not paid for by tax payers? I honestly don't know.

question? if she is eligible for WIC then would she not also be able to collect food stamps, funds, medical and low income housing for the child as well?

sara