Conditional GC holder and unexpected changes

[NigeriaorBust 4,087]

Assuming he has a ROC interview , he will probably be asked "Do you have any children to report ?" The correct answer to this is yes I have a child with my lover overseas. Seeing that ROC will be based on proof on a legitimate relationship, what do you expect the immigration officer will do next ?

If he lies about the child ( and I am sure there is an email trail, remember the governement has the right to monitor email traffic the starts/ends overseas without a warrent ) then when it comes to light later that he lied , he coudl be stripped of everything and banned for life. If that is the path your brother wants to follow it should come bite him in the backside in the not too distant future. If the wife is only staying for ROC he still has to wait 5 years for USC as he won't be married for it . To pretend that he doesn't have a chld also means he will leave the fake fool of a wife raising the child by herself with no support.

A better thing is to divorce, file on his own, that he had a valid marriage that feel apart after a miscarriage, then proceed however he wishes in life. That way he doesn't have to worry when the truth comes to light . The path he is planning means looking over your shoulder for life.

[Mariam&Smith 45]

Folks there is no BIGAMY,NO FRAUD here, the guy had a religious ceremony in France, and as I said before all marriages performed in FRANCE to be valid in USA must be performed by a French civil authority (a city councilor or mayor)!!!!!!!

He told me it was not even religious, it was a party with like 10 friends.

[Mariam&Smith 45]

Firstly, I am sorry if this comes off harsh, I am just in awe of the disrespect for your brothers wife and the of the sanctity of their marriage that your "brother" has shown.

From what I understand:

1) Your "brother" had an affair and sham marriage to a woman from Paris while married to a USC.

2) Your "brother" wants his American wife to continue the ROC paperwork and you think she will because she is "nice", even after she knows about the affair and possibility of a child with the other woman.

3) You are not sure whether your "brother" will return to Paris or stay in the US, it seems this is dependent on "his" GC status/ citizenship status? and then he plans to eventually move back to France with the other wife, claim the child and presumably come back to the US so the child can have US citizenship?

Is that all correct?

If it is your 1)Number 3 point, underlined above makes your brother's situation seem like fraud. 2) In my opinion what your "brother" sister-in-law needs to know before she files any paperwork, there may be possible legal/ costly ramifications if she does not know; also the child may add to household size for your paperwork and if your "brother" says he is unaware of any child that he has and lies to the US then it may be considered material misrepresentation.

By the way, how do you know so much about what your brother plans to do? What his wife plans to do and what his second wife plans to do? If you don't, you are just speculating and it would be best if your "brother" were posting on here with the facts instead of the "whatifs".

Britt

He never says about the removal of condition. He just confessed to me about the mess he made over there, he even wants to confess to my sis-in-law. And like Vanessa answered, I will tell him about the divorce so he can move on on his path. They have properties and business so I believe to prove they are in good faith is not difficult.

[Tygrys 143]

I know my brother is well aware of the situation. I am asking everyone that "what if", assuming it is not applicable to my brother. According to http://travel.state..../birth_593.html , he can claim the baby (out of wedlock) ASAP and the child needs to be under 18 to do so.

If he doesn't know, then he doesn't know. I am not advising him to write "I may have a child in France that I'm not really aware of" on the form. But if he knows, he has to disclose it.

And my general 2c about the whole mess:

I wouldn't call this immigration fraud, like some members did. It is more of an extreme stupidity than fraud.

Your brother needs to confess to his US wife before ROC is filed. If he doesn't, that would mean he really thinks more about immigration benefits than his current marriage.

ALso, in today's electronic age, the news and pictures travel fast. If she finds out before he tells her, he will be in even more mess.

[Sandra G. 5,023]

From a legal standpoint there's nothing wrong with him having a party with 10 people to celebrate his "new love", people fall out of love, that is it, but from a moral standpoint oh yep he screwed up...anyway if he becomes a father he should never lie or omit the fact(misrepresentation).

Edited May 20, 2012 by sandranj

[AF-Wife 181]

He told me it was not even religious, it was a party with like 10 friends.

than there's no marriage and you can't call his affair his wife #2. I feel very sorry for the women, who was left in the US. does he understand what she's going through? she lost a child and he's already thinking about getting a baby, that will be born in the future, a status? he's only a resident here. no citizen like stated before. so no. the baby will have NO status. it's a shame what he's doing. seriously. pretty incredible what people do, to get their citizenship here ... sounds very fishy to me!!! he needs to confess everything to his wife and then decide what to do. he doesn't love her anymore, so get a divorce and see, if he can proof that the marriage was entered in good faith for ROC. than ... he could think about next steps.

[AmyWrites 593]

I can't believe people do things like this....

He should divorce her, both for practical immigration purposes and for obvious moral reasons. If he doesn't divorce her, with the other "wedding" and the kid, that'll just scream that the marriage is not a legitimate relationship.

[david'sgirl 134]

Yes all they did was a reception (party with a few friends), no French government involved or anything. And that friend of mine didn't ask for any immigration (even if she asked, obviously he can't do anything.) My brother is well aware of the situation, he is not gonna to do anything until everything is settled down in the US. He said he would confess anything to my sis-in-law. I just ask for his situation, if my friend has a baby with him, and she will clearly put my brother's name down on the birth certificate, will he be able to claim the baby later? Assuming the baby birthday is when he is still married to my sis-in-law. Please understand, they didn't file anything with authority over there. The baby could be a result of an affair not a bigamy marriage, and she/he is innocent, adults commited mistakes not the baby. I know what he did is bad, but I believe deep down he didn't want to do that. If you all have something like this, you would understand and feel sorry for him.

Are you serious? Your brother married two woman at the same time. He is guilty of bigamy, fraud and is a morally corrupt person. The fact that you seem to condone it and even want him to keep up this sham marriage to your friend is astounding. Does your friend know she "married" a man who is already married? Why on earth would this woman want to get pregnant by a liar and a cheat?

People like your brother just make things harder on those of us with real marriages. People like him are why we all have to wait to be together and provide so much proof of bona fide relationship.

Even if he were not trying to get a visa what he is doing would still be completely wrong on every level.

He must have zero morals and no conscience.

Just when I thought I had seen everything!Wow. Just wow.

[david'sgirl 134]

No-one is saying an affair is fraud, but he DID marry "in the eyes of God" someone else. This doesn't matter USCIS wise honestly, but it does seem to indicate that he is only staying with his current USC wife for immigration benefits. THAT would be fraud. Mistakes happen but he married (non-legally) someone else which implies that he loves someone else, that he doesn't love his wife anymore, and so he should leave her and not stay with her just for immigration reasons.

[Boiler 43,725]

This feels very trollish.

[james&olya 1,121]

Are you serious? Your brother married two woman at the same time. He is guilty of bigamy, fraud and is a morally corrupt person. The fact that you seem to condone it and even want him to keep up this sham marriage to your friend is astounding. Does your friend know she "married" a man who is already married? Why on earth would this woman want to get pregnant by a liar and a cheat?

People like your brother just make things harder on those of us with real marriages. People like him are why we all have to wait to be together and provide so much proof of bona fide relationship.

Even if he were not trying to get a visa what he is doing would still be completely wrong on every level.

He must have zero morals and no conscience.

Just when I thought I had seen everything!Wow. Just wow.

Your judgmental attitude is a bit 'over the top'!

[robert&thuong 0]

Yes all they did was a reception (party with a few friends), no French government involved or anything. And that friend of mine didn't ask for any immigration (even if she asked, obviously he can't do anything.) My brother is well aware of the situation, he is not gonna to do anything until everything is settled down in the US. He said he would confess anything to my sis-in-law. I just ask for his situation, if my friend has a baby with him, and she will clearly put my brother's name down on the birth certificate, will he be able to claim the baby later? Assuming the baby birthday is when he is still married to my sis-in-law. Please understand, they didn't file anything with authority over there. The baby could be a result of an affair not a bigamy marriage, and she/he is innocent, adults commited mistakes not the baby. I know what he did is bad, but I believe deep down he didn't want to do that. If you all have something like this, you would understand and feel sorry for him.

what you have written, assuming the your friend puts bady in his name, day of birth on certificate so on. The problem is your bother is still married and still has a bady with your friend. I think every one can see a clear picture what is happening and so the laws. It will caught up with him down the road. good luck.

[Kathryn41 3,205]

As the OP has received the correct and best advice in the situation - and as the facts of the situation keep shifting so that it appears first to be bigamy, then an unofficial marriage and then a 'party', it is hard to ascertain the true facts. Since the OP is discussing a situation where a green card holder wishes to take advantage of a US citizen in order to gain an immigration benefit, that does constitute fraud regardless of the questionable other relationship. Since there is a legitimate legal process that can be followed and it has been recommended I am now closing this thread to further discussion re: TOS violations.