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Not listing a child in my green card application

Greenville, NC |

Myself and my ex came to the US on b2 visa, we never had intention of having our baby in the US but just about the time we re to return home she was admitted and the doctor advice she can't fly so she had the baby here. Before then we been having serious issues about the pregnancy, now she returned back home, divorced me and state the child is not mine and the court grants the case.
I'm married now here in the US and i did not list the child in my application considering the fact that of my wife and the divorced paper.
Will this affect my application for Adjustment of status?

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Attorney answers 3

Posted

You should consult an immigration attorney moving forward. You will need a copy of the child's birth certificate and your attorney may need to look at state specific rules about paternity of a child during a marriage as well. You should seriously consider always hiring an attorney to assist you anytime you are dealing with USCIS.

Good luck.

Asker

Posted

The marriage and the mother is not from US and i have i485 interview soon.

Daniel Boone Mitchell

Daniel Boone Mitchell

Posted

Generally a valid marriage from another country will continue to be valid in the US, so you still should retain an immigration attorney to help you determine if you need to correct your application and how best to do so.

Asker

Posted

How can i correct the application? My interview comes in few weeks

Posted

It will be an issue.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Asker

Posted

So will I get denied?

Posted

Is the child yours or not yours? What did the court hold? If not yours, you don't have a child...

New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.

Asker

Posted

The court paper stated no children in the marriage. I don't think so because I believe the mother knows whose the father of a child is. And i have i485 interview soon

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