Adjustment of status through marriage - Is it a red flag if my husband's child with another woman was born after we got married?
3 attorney answers
You bet. Definitely. During the interview at USCIS both of you will be challenged much harder to prove that the marriage you entered into was one for love, and not solely to procure yourself a "green card". While not impossible to prove, this er.."event" will make it harder than it would otherwise have to be.. Now, if you yourself were to be pregnant on the day of the interview, and place in the face of the interviewing officer a printout of the ultrasound of the young fetus, that will definitely "tip the balance" in your favor.. But anything short of that will make you and your attorney work very hard.. before, during and after that (first!) interview: there'll be others, as well as a "home visit' or two during the wee hours of the morning.. Best of luck!
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It could potentially signal to USCIS that his present marriage is not a bona fide marriage. Thus, you should consult an attorney who will know all facts and have all evidence that your marriage has not been "created" for a purpose of obtaining a green card.
It does defy the true marriage as a common sense. So if he is still with you both of you will be questioned about your genuine relationship. And it is also possible that you could answer all questions satisfactorily. The bottom line in the inquiry is if the married couple are in a serious relationship or for the sake of immigration or monetary benefits alone.
My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.