Wife on green card,adultery,love child

[Dovbush]

Hi. I am new to this forum.
Need expert advice.
I am a U.S citizen who brought wife from Ukraine on a K1 fiancee visa in January 2003. We married in April 2003. In Augest 2005 my wife gave birth to 'our' daughter. Listing our daughter on my wife's application to remove conditions on green card, she received her 10 year green card in Summer 2006.
Very recently, my wife admitted to adultery and the child may have not been mine. I immediately had a paternity test done and so it is: I am not the father of the child.
What can I do?
A similar answer to a post a couple years ago stated that there is nothing I can do-----in regards to having her deported.
I want to reiterate that the adultery took place in November 2004, well before the 2 year conditional ran out.
According to the INS- Adultery is a breach of 'good moral conduct'.
The fact I listed this child as mine on my wife's application to remove conditions, wouldn't that be constituted as fraud?
I only became aware of the situation during the past 2 weeks.
From what I have read so far on this site, everyone seems to say that there is no way to have the INS revoke unconditional status of a green card despite what may have happened before the application was approved and only now became aware of. Please help

 

[folu]

I think you answered your own question.

 

[pianoplayer]

Hi. I am new to this forum.
Need expert advice.
I am a U.S citizen who brought wife from Ukraine on a K1 fiancee visa in January 2003. We married in April 2003. In Augest 2005 my wife gave birth to 'our' daughter. Listing our daughter on my wife's application to remove conditions on green card, she received her 10 year green card in Summer 2006.
Very recently, my wife admitted to adultery and the child may have not been mine. I immediately had a paternity test done and so it is: I am not the father of the child.
What can I do?
A similar answer to a post a couple years ago stated that there is nothing I can do-----in regards to having her deported.
I want to reiterate that the adultery took place in November 2004, well before the 2 year conditional ran out.
According to the INS- Adultery is a breach of 'good moral conduct'.
The fact I listed this child as mine on my wife's application to remove conditions, wouldn't that be constituted as fraud?
I only became aware of the situation during the past 2 weeks.
From what I have read so far on this site, everyone seems to say that there is no way to have the INS revoke unconditional status of a green card despite what may have happened before the application was approved and only now became aware of. Please help

Hi:

First of all, I am sorry about the situation you are in. From an immigration standpoint, you make several unsupported legal conclusions. I am curious as to where you learned that "according to the INS - Adultery is a breach of 'good moral conduct'."

Even though your wife committed adultery, she may very well not have known that the child was not yours at the time. I think you are hinting at arguing material misrepresentation, but it would be a hard argument to make.

You have to face the fact that your wife's immigration status has nothing to do with you anymore. She will likely remain a LPR until she decides to become a USC. Concentrate on seeking counseling to repair the relationship (if you choose to do so) or find a good divorce attorney. Best wishes.

 

[LucyMO]

The fact I listed this child as mine on my wife's application to remove conditions, wouldn't that be constituted as fraud?

as far as I know a child born while the parents are still married is automatically considered to be the husband's child. Besides, to your best knowledge it was your child at that time, and I bet you are listed on the child's birth certificate as a father, so it's not fraud to list your child as your child on an application to remove conditions.

 

[Al Southner]

Lost cause...just like Iraq

Hi. I am new to this forum.
Need expert advice.
I am a U.S citizen who brought wife from Ukraine on a K1 fiancee visa in January 2003. We married in April 2003. In Augest 2005 my wife gave birth to 'our' daughter. Listing our daughter on my wife's application to remove conditions on green card, she received her 10 year green card in Summer 2006.
Very recently, my wife admitted to adultery and the child may have not been mine. I immediately had a paternity test done and so it is: I am not the father of the child.
What can I do?
A similar answer to a post a couple years ago stated that there is nothing I can do-----in regards to having her deported.
I want to reiterate that the adultery took place in November 2004, well before the 2 year conditional ran out.
According to the INS- Adultery is a breach of 'good moral conduct'.
The fact I listed this child as mine on my wife's application to remove conditions, wouldn't that be constituted as fraud?
I only became aware of the situation during the past 2 weeks.
From what I have read so far on this site, everyone seems to say that there is no way to have the INS revoke unconditional status of a green card despite what may have happened before the application was approved and only now became aware of. Please help

DovBush,

A simple answer to your conundrum is this: you are screwed big time. There are number of factors which defeat your case for vengeance through USCIS.

How can you prove that this adultery occured in Nov 2004? Not only that, do you have substantive evidence that she screwed another guy in Nov' 04? is possible that could give birth to a child prematurely or later than the time of expectancy. The evidence that you need would probably include tape recordings or photos of the two doing the dirty deed... I wonder who has been watering your grass? Man...some women are crappy

Man...I am sorry that your wife destroyed your heart like she did. The post by Piano is right on the mark, proving a material misrepresentation in your case, will be difficult, not only difficult, extremely difficult, unless you pull a rabbit out of a bag before the court. Any competent attorney will tell you that this is a lost cause, only a low-life attorney would advise you sue and take this matter before a judge.

Lastly, USCIS can't regulate morals of people, it can only enforce the moral standard set forth by policy makers with regards to granting or denying immigration benefits. For example, if you discovered in the process of removing her conditions on her greencard that she was banging another guy, USCIS would have sided with you in denying this petition and immediately deport her with the child. Why? She would have proved her intentions for this marriage, greencard and sleep with other men, including you. Moreover, your denial to support the removal of conditions based on her adultery would have been sufficient for USCIS to deny this petition. She couldn't claim hardship or spousal abuse, because you are the spouse being abused by her infidelity. Man...sorry...

 

[Dovbush]

DovBush,

A simple answer to your conundrum is this: you are screwed big time. There are number of factors which defeat your case for vengeance through USCIS.

How can you prove that this adultery occured in Nov 2004?




Easy. The paternity test proves adultery. The child isnt mine.

 

[pianoplayer]

DovBush,

A simple answer to your conundrum is this: you are screwed big time. There are number of factors which defeat your case for vengeance through USCIS.

How can you prove that this adultery occured in Nov 2004?




Easy. The paternity test proves adultery. The child isnt mine.

Hi:

I am suggesting that this will all be irrelevant. There is a very good chance that she in fact did NOT lie when she claimed the child as yours, since she did not KNOW that the other person was the father. Material misrepresentation will be an extremely hard argument to make.

Additionally, USCIS will not rescind her GC because of adultery. Believe it or not, many instances of adultery, even during removal of conditions, have not resulted in status being rescinded. USCIS inquires as to whether the marriage was entered into in good faith ----- NOT whether spouses lead moral lives.

I know that you are angry and bitter, and you have good reason to be. But you are going down a path leading nowhere.

 

[Dovbush]

Thanks for your reply. I am wondering how I can be so stupid......

She seems to be have taken the fast track to citizenship. Is there anything I can do?

 

[Al Southner]

She free

Thanks for your reply. I am wondering how I can be so stupid......

She seems to be have taken the fast track to citizenship. Is there anything I can do?

DovBush,

Nothing you can do. You got screwed big time by your "sleek" wife. She played you a fool. She is on solid ground now, and her citizenship could the next heart-break for you.

sorry....

 

[LucyMO]

USCIS would have sided with you in denying this petition and immediately deport her with the child.

Since the child is a US citizen by birth, it would be impossible to deport the child.

She seems to be have taken the fast track to citizenship. Is there anything I can do?

Divorce, and she won't be able to apply for citizenship based on the marriage to a US citizen (3 years from the GC date), which will postpone her application for citizenship for another two years. But won't prevent it.

 

[Ashin2]

Forgive, forget and move on. No matter how difficult it may seem right now.

 

[Dovbush]

Since the child is a US citizen by birth, it would be impossible to deport the child.


Divorce, and she won't be able to apply for citizenship based on the marriage to a US citizen (3 years from the GC date), which will postpone her application for citizenship for another two years. But won't prevent it.

Is that 3 years from the 'conditions removed greencard" or 3 years from her original conditional green card?

 

[pianoplayer]

Is that 3 years from the 'conditions removed greencard" or 3 years from her original conditional green card?

Hi:

The spouse of a USC can apply for citizenship 90 days before the 3rd anniversary of becoming a PR (i.e. this includes conditional PR), provided all the requirements are met.