You must amend your applicaiton and advise USCIS of the circumstances. Since you are still married I will assume that you filed a joint petition to remove the conditions on residence. You are not the first person that this has happened to. I've been successful with a similar case where the husband fathered a child outside of the marriage and the wife acknowleged it and basically told USCIS that while she isn't happy with her husband's behavoir, she still loves him, accepted his infidelity and his child and that they were moving on. Case was approved. You will most certainly get scheduled for an interview once you amend your applicaiton. You need a good immigration attorney who can prepare you two and go with you to the interview. You should not wait to hire an attorney but should hire one now who can notify USCIS for you. This is certainly a misrepresentation and if you do nothing this will become a problem later on when you apply for citizenship and could ultimately lead to deportation.
You could have a very big problem. Don't compound it by committing fraud. Amend your I-751 and send the baby's birth certificate to the USCIS. Hire an experienced immigration attorney.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Any misrepresentation if material, will lead to inadmissibility and a denial of the benefit unless inadmissibility is waived. To be material, it must preclude a line of inquiry, which if pursued, could have led to a negative outcome on the benefit application. Whether your misrepresentation was material is a factual matter, which canot be determined on these facts. Please consult with an immigration attorney in your area.
NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: firstname.lastname@example.org; Phone: (866) 456-8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.
My colleagues are correct in that any important information not provided at the time of application can be grounds to delay or deny your application. However, because it is uncertain as to where and when your child was born, a definitive answer cannot be given. You should definitely consult with an immigration attorney in your area to get more clarity on the matter.
Yes. You may have problems. The scenario raises questions about the legitimacy of the marriage or whether it was strictly to obtain a green card. I suggest you get an experienced attorney to assist you. You do not want to be charged with marriage fraud.