crr0321

Right at some point, which would NOT be this point

are you sure he has never represented himself as a USC

I don't know. I know he worked and went to school here most of his life. Something was done properly for him to have the SSN.

Then he needs to leave. I don't see why he believes he has "choices". You do not apply with an unfaithful wife from whom you are separated OR as a back up marry and apply for residency with a "new love". You do not get to fish around for a green card. Through no fault but his own he is currently out of status. Now he is fishing for ways to quickly obtain a green card. No one on VisaJourney is going to help him do that.

I know the process is anything but quick. I know he has put himself in this situation, but I feel bad for him and his kids. I can imagine the horror if they are told their father is removed from this country and don't know when he will return. He knows nothing of Haiti or living there. There has to be some way too make this right without him leaving

So he is currently here illegally.....working

Sounds like more fraud since he has no current work authorization

He has SSN and had proper authorization at some point

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

So he should go through with the divorce? And start over with his GF?

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

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

"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.

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.

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.