Some Trouble

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cubed

Registered Users (C)
My buddy has a family based GC that he got thru his wife. The problem is that he and his wife do not get along. They have had problems since the beginning of the marriage and did not really live together. They tried and tried to make things work but no way. His wife has 3 kids and dont want no more. Well, something happened. He slept with another woman when he was suspecting his wife of cheating on him while he was working, and this women he slept with got pregnant and have a baby now.

They went to court over the baby and his wife knows that he is the father of that baby. His wife is angry even though she too was cheating.

My question is this: can the baby mama go to the immigration as say that he is the father and try to get them to take the GC, or would it have to be his wife that can complain?

His wife might want to divorce him over this. Should he let her go or hang on? So that it doesn't make immigration think they were not together. Even though they married in good faith but the marriage crumble fast.

For those of u that know a lot about this. What is possible. His baby mama is wanting to spoil his home and take their baby.
 
cubed said:
My question is this: can the baby mama go to the immigration as say that he is the father and try to get them to take the GC
Click to expand...

Last time I checked, fathering a child out of wedlock was not a crime in this country, never mind a deportable offense. So no.
 
oh Thanks RealCanadian.

Do u think his babymama can go to immigration to allege that he not in his marriage for real even though he married the woman with hopes of a future but things went downhill really quickly.
Can anyone do anything if he has just conditional?
And what if he has permanent 10yrs?

poor guy doesnt know what to do now.
 
just to add...i'm not sure if he has the conditional or unconditional GC at the moment. that's why i asked what can happen in each case.
 
If he has a 10 year green card he has nothing to worry. He can divorce and enjoy his green card.If marriage is not working its not working and child from a different woman should seal the deal.I am not sure why the baby mama would go to INS and complaint unless he is dodging his responsibilty as a dad.Even then INS would'nt care as she was not involved in his GC process.
If he has conditional green card ..The possibilities are
He can get a divorce and immideiately apply for 751 waiver(Step to make the gc 10 year one) .This could be tricky because it involves stating the reason why the marriage failed and having a child outside the marriage can go against the waiver added to that if the wife also complaints it is definitely would be a red flag.You or He should have a very good immigration attorney to assist you and a hell lot of documentation and proff teh initial marriage was in good faith.
In the case where they somehow save the marriage and wait till the time they can officially apply for joint 751 which is 90 days or less before the temp gc expires it should be fine and should be smart enough to to stick together atleast till he gets his permanent gc in hand 751 approval can take 3 months to a year.
Again hs green card is through his wife not baby mama and as someone else said having a baby out of wedlock is not a crime and the baby mama even she complaints would be useless. INS has million things to worry about the existing files they wont waste any time on random mails. Now if the wife is complaining then thats a different story ;) if she says that the marraige was for convenience she will be in trouble too. I hope its not.
All said he should consult a good immigration lawyer.. But from what all I read through many forums its tough "not" to get a permanent greencard once you have the temporary greencard .
 
Thank you for your reply, Smiriyal

He has been married to this woman for more than 2yrs i think. But they never really lived together. Like I said, he liked her but found out it was not working as planned because many things she said before marriage did not add up later. And she used to throw a fit everytime they try to talk things out. SO he decide he would not let her make him do something that would put him in jail so he spend a few nights every week with her except when she is acting out. But they talk and text a lot to communicate. Also when things were good he is involved with her kids more than the kids dads.

can annulment of marriage revoke LPR?

I dont see them saving the marriage because wife doesnt want any more of it, and she is dating a guy on the side.
 
to add they get a place together. both name on lease but he did not spend many time there.
 
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