Separated but Married, Pregnancy outside of the marriage and currently illegal

[crr0321 0]

My friend has been married for 13yrs. He originally arrived in the country illegally as a child. He gained temporary residency repeatedly to remain here. He then married a US citizen as an adult. At some point he allowed his status to lapse without completing the necessary steps to remain legal. He then separated from his wife after the birth of 3 children. She had 2 additional children outside of the marriage after this separation. He attempted to regain a legal status by filing for an adjustment and residency with his wife. The request was denied based on her lack of income and ability to support him, in addition to the children. He did not appeal the decision and must now start the process from the beginning for the second or third time. He would like to file for residency again, with myself as a second sponsor in addition to his wife. And then a new problem arrived...his wife is pregnant again, outside of this marriage! Should he attempt to proceed with her as a petitioner/sponsor? Should he divorce her and go through the process of marrying another US citizen to gain his status? He remains in the US through all of this and cannot afford to be deported.

[Hypnos 6,576]

So his wife keeps having babies with other people? If so he's going to have a hard time selling his marriage as bona fide to USCIS.

The good news is that his deportation would not cost him anything, since the federal government would provide it for free.

[Transborderwife 4,666]

So his wife keeps having babies with other people? If so he's going to have a hard time selling his marriage as bona fide to USCIS.

The good news is that his deportation would not cost him anything, since the federal government would provide it for free.

Not necessarily true as in most states he would be considered the legal father of all of her children

[Hypnos 6,576]

A fair point. Either way, I'd suggest this is not a straightforward DIY case.

[Ortolan 381]

"Should he divorce her and go through the process of marrying another US citizen to gain his status? He remains in the US through all of this and cannot afford to be deported."

He can't afford it? Now you're asking if he should commit fraud to gain immigration? Unbelievable.

[MacUK 983]

And there was me thinking people married for love....

Oh sweet naivity

[aaron2020 11,651]

Not necessarily true as in most states he would be considered the legal father of all of her children

It's a rebuttal presumption. Not necessarily a conclusion. Kinda depends on who is listed as the father on the birth certificates. And where he was when those babies were conceived.

[aaron2020 11,651]

There is no bona fide marriage allowing him to adjust. His wife has been having children with other men.

Asking if he should marry another USC makes this seems like shopping for a green card. Fishing for help to do something illegal.

[crr0321 0]

He has another love himself, but is unable to pursue it. So there would be no "shopping for a green card". When I say he cannot "afford" deportation, I do not mean literally. I mean he can't risk that happening. He has a job, and provides support for the first 3 children.

[aaron2020 11,651]

Really? He has his own GF and you want to know if he can adjust through his wife? Seriously?

Best of luck.

[crr0321 0]

"Should he divorce her and go through the process of marrying another US citizen to gain his status? He remains in the US through all of this and cannot afford to be deported."

He can't afford it? Now you're asking if he should commit fraud to gain immigration? Unbelievable.

No one is trying to commit fraud. He is already here and working and supporting those children. He does not want to risk being deported while figuring out how best to handle this

Really? He has his own GF and you want to know if he can adjust through his wife? Seriously?

It's a crazy messy situation.They have been amicably separated for years.

Best of luck.

[Merrytooth 5,748]

Wait for his USC children to be 21 years old to sponsor him

[crr0321 0]

I posted this to ask for help, not judgement

Wait for his USC children to be 21 years old to sponsor him

The children that are his are 14 and 12. That's too long to wait and be here illegally

[crr0321 0]

It's a rebuttal presumption. Not necessarily a conclusion. Kinda depends on who is listed as the father on the birth certificates. And where he was when those babies were conceived.

He is listed as the father on the first 3 children's birth certificates. Not the last 2, and won't be listed for this baby she's pregnant with now

[aaron2020 11,651]

He is listed as the father on the first 3 children's birth certificates. Not the last 2, and won't be listed for this baby she's pregnant with now

That puts the kibosh on getting a green card based on a current bona fide marriage.

I posted this to ask for help, not judgement

The children that are his are 14 and 12. That's too long to wait and be here illegally

This may be his only path.