Main question, Is your wife a U.S. Citzen? If so, then file for the paperwork. You must prove that this marriage is a bona-fide good-faith marriage.
Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.
You can still file ... as long as you are willing to accept her 'situation' and as long as you can demonstrate you're not 'sticking with' her just to get the greencard.
Do you plan to adopt the child? That's one way to demonstrate your sincerity.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
If your wife is a US citizen and you can adequately and diligently prove the bonafides of your marriage, then I do not see a problem. I agree with my colleague that an adoption/acceptance of the child is one way to show that your intentions are sincere. In fact, I assume that the child will be considered that "of the marriage" anyway, unless you contest paternity. It woul be a good idea for you to document in detail all aspects of your relationship - showing reconciliation of the marriage and your efforts to save your marriage. I also feel that you will most likely be called in to a I-751 interview eventually (if the GC is in fact granted) and thus you should continue to keep good records of all your marital bonafides. Good luck.
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