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Married to USC wife and she is pregnant with Her X, she applied for my Green card (in process) do i stil get GC?

Austin, TX |

At the time of marriage, she did not tell me that she were pregnant with X. She told me that that's my child, we had an argument and then she tells me that child is not mine. She still lives with me. what gonna happen next. does it still considered bona fida?

Attorney Answers 4

Posted

You should be upfront and explain it will be your stepchild but not your child. You can still show a bona fide marriage with lots of other things.

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Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Indeed.

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Posted

Thank you, So We already had first interview, she (IO) asked me if child was mine and if i m willing to do DNA, I assumed that child was mine, so i said yes. Couple days later, I found out that its not my child. We got RFE from Immigration asking for more pics, insurance doc, bank statements, and optional DNA test. So, Now i know that child is not mine and what should i do with RFE. Any help will be appreciated.

Posted

You should be fine as long as the marriage was bona fide at the time of marriage. Hopefully you can work on your relationship and maintain the marriage. You should consult an attorney for a more comprehensive evaluation of your case.

This answer is not intended to replace a consultation with an attorney and does not create an attorney-client relationship. Please do not contact me expecting additional free advice. If you contact me privately, I will email you an invoice for a consultation and will advise you only after the invoice is paid. Thank you.

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Posted

Thank you, So We already had first interview, she (IO) asked me if child was mine and if i m willing to do DNA, I assumed that child was mine, so i said yes. Couple days later, I found out that its not my child. We got RFE from Immigration asking for more pics, insurance doc, bank statements, and optional DNA test. So, Now i know that child is not mine and what should i do with RFE. Any help will be appreciated.

Guerline Ladouceur-Laurore

Guerline Ladouceur-Laurore

Posted

You need to contact an attorney for a paid consultation instead of posting very sensitive information on a public forum. You could even use Skype for a consultation.

Posted

Yes, provided you married is bona fide, as to the parentage of the child, if one lives in a marital relationship the presumption the child is of both parents unless proven otherwise by the DNA test, which does not seem to be the case here.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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Posted

Thank you, So We already had first interview, she (IO) asked me if child was mine and if i m willing to do DNA, I assumed that child was mine, so i said yes. Couple days later, I found out that its not my child. We got RFE from Immigration asking for more pics, insurance doc, bank statements, and optional DNA test. So, Now i know that child is not mine and what should i do with RFE. Any help will be appreciated.

Posted

I would only add that I think that you need to be completely honest at the time of the interview. Many USCIS offices will be hard on any applicant that they feel is not being completely honest. Meaning if there's even a question as to whether or not the an answer you give is the truth, immigration will not give you the benefit of the doubt. My guess is that you and your wife will get questions regarding the child and should be prepared to answer them. You should consider hiring an attorney to prep you and go with you to the interview.

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Asker

Posted

Thank you, So We already had first interview, she (IO) asked me if child was mine and if i m willing to do DNA, I assumed that child was mine, so i said yes. Couple days later, I found out that its not my child. We got RFE from Immigration asking for more pics, insurance doc, bank statements, and optional DNA test. So, Now i know that child is not mine and what should i do with RFE. Any help will be appreciated.

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