Will The Mother of My Chile Be Deported?

[theodore23]

Hi there,

I have multiple questions regarding to our case. I have a girlfriend who I am in love with and have a child. However, she is married with an older man. She has 3 children with the husband. I understand everything sounds wrong and I ask of all of you to please remove the judgement. It has been an incredibly difficult road and I know it will be an even more difficult road ahead.
When my son was born, the wife and husband had my son under their names. However, my girlfriend is wiling to fill the paperwork necessary for a paternity test. My girlfriend is in the process of her removing her conditions from her 2 year green card. She is about to undergo the biometric process for the I-751. My concern is that if I file a paternity test, will it affect her green card status?*

For the child custody, I have talked with attorneys for my child and attaining my child will be more simple through a paternity test with the consent of my signature and my girlfriend. The only problem now is with her green card. I feel that her green card. I have talk to USCIS agents about this problem and have looked on their website and it states she can still remove her restrictions since it is clear that she had a bonafide marriage from having multiple children prior to the marriage and has many documents that shows good faith marriage. Also, her going back to her country will also cause heartache on the children and hardship for herself since her home is a village with farm style living.

This is why I believe she may have a strong case and yes I will consult with an attorney about this. I was hoping to see if anyone has advice or experience for this situation.

My goal here is to see my son with joint custody and not have the mother of my baby*deported.

Thank you for taking the time to read and thank you in advance for any responses.

[inadmissible]

If her husband advocates for her, she shouldn't have any problems having her conditions removed

[newacct]

The custody of the child doesn't directly have anything to do with her Removal of Conditions. She and her husband file a joint I-751 and that can be approved as long as they are still married (even if separated or in the middle of divorce as long as divorce isn't final), their marriage wasn't entered into to evade immigration laws, and he is willing to attend the interview if there is one; there is no requirement that they are on good terms right now or she hasn't had extramarital children or anything like that. If the husband withdraws the I-751 or there is an interview and he is not willing to go to it because he is angry that she cheated or something (which you did not say in your question but hypothetically if this were the case), then she can file for divorce and file I-751 by herself on the basis of divorce.