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Can I get my Green card thru my wife even she cheated on me and expecting her X's child?

Sacramento, CA |

Married for 6 months together for 2yrs, she cheated in between, She did not tell me that child was not mine till recently. We already had first interview and we received RFE for more pics, insurance together, and other evidence to support marriage and DNA test (Which it says is optional). At the interview, IO asked if child was mine, i said yes, and she asked me if i can do DNA test, and i said yes. now situation is other way around. What could be done in this case. any hope?
follow up:
what are the chances for 2nd interview?

Attorney Answers 5

Posted

It can still be approved if you can show that the marriage was entered in good faith. Having a child with another man is at least some evidence that perhaps the marriage is for immigration purposes.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Posted

You can still attempt to demonstrate the marriage was entered into in good faith and not for the sole purpose of procuring you a green card. The fact, however, that you wife got impregnated by another man while married to you, will make the argument that yours was an "arranged" marriage for green card purposes easier for USCIS. Better come up with substantial evidence of the bona fides of your marriage and lives together as a couple despite your wife's occasional "side springs" (which ultimately led to her carrying someone else's child while claiming to be married to you) - and why do you think USCIS might suspect this is not your child? Couldn't they have conducted some investigation prior to your interview??

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

Yes, because the question is whether the marriage was entered into in good faith at the time you go married. That means, if the sole reason for the marriage was for you to get a green card it wasn't a good faith marriage. The fact that your wife is expecting a child from another man doesn't mean that your marriage wasn't a good faith marriage, but that fact will weigh heavily in the minds of the USCIS. You need to build the strongest case possible that you have a genuine, although apparently troubled, marriage.

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Posted

I see the Department doing some more investigation on the case. Second interview seems probable. It is best to work with an experienced attorney to see what more in your particular case can be presented towards bona fides of marriage.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

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Posted

Yes you can still get a green card.

Chances are very likely for at least a second interview.

You need an attorney right away.

Law Office of Daniel M. Wigon This should not be taken as legal advice. Consult with a local attorney before making a decision that could adversely affect your rights.

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