I am currently 5 months pregnant with an illegal alien. but the man is married to a citizen and now filling for green card.

Asked over 1 year ago - West Covina, CA

will my application for child support affects his application for change of status? he is undocumented but got married in the middle of our relationship. what concequencence will happen to him and thire application for green card?

Attorney answers (5)

  1. Alena Shautsova


    Contributor Level 20


    Lawyers agree


    Answered . Child support is a separate issue from Immigration. if it's his baby he will still have to pay. As to his marriage to someone else, he will have to show it is bona fide...

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. Wendy Rebecca Barlow

    Contributor Level 20


    Lawyers agree

    Answered . USCIS may doubt the validity of his marriage if they are apprised that he had a child with another woman. I do not know if you filing for child support would necessarily trigger this inquiry, but he is required to disclose all children (regardless of their immigration status) to USCIS. His failure to do can be deemed a material misrepresentation which in turn can result in a permanent bar to admission. If he does not have an immigration attorney, he would be best advised to consult an attorney about the matter.

  3. Gintare Grigaite

    Contributor Level 18


    Lawyers agree

    Answered . Your child is entitled to child support. As for his immigration process, it is quite complicated. If his marriage was not in good faith, then he will not be able to obtain his adjustment of status. Contact experienced family lawyer to assist you with the family law related issues.

    Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact... more
  4. Perry Sai-On Chan

    Contributor Level 6


    Lawyers agree

    Answered . Child support application is a separate issue from his immigration application. The question is whether he had formally entered into divorce with you before marrying the other US citizen. If he had a formal divorce with you before his second marriage, it should not affect his immigration application. The USCIs may question about it but it is not going to be a problem if he can show a genuine marriage with his second wife.

    I have dealt with a lot of I-130 application, quite a lot of beneficiaries have married two or three times.

  5. Samuel Patrick Ouya Maina

    Contributor Level 19


    Lawyers agree

    Answered . USCIS may question the bona fide nature of his marriage but it is still possible for him to obtain his residence

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.

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