You are here:

Immigration Issues/Wife,adultery, love child


Need expert advice.
I am a U.S citizen who brought wife from Ukraine on a K1 fiancee visa in January 2003. We married in April 2003. In Augest 2005 my wife gave birth to 'our' daughter. Listing our daughter on my wife's application to remove conditions on green card, she received her 10 year green card in Summer 2006.
Very recently, my wife admitted to adultery and the child may have not been mine. I immediately had a paternity test done and so it is: I am not the father of the child.
What can I do? My best hope was to apply for full custody of the child ( I am legal father on birth certificate) and have my wife deported as I am very bitter.
I want to reiterate that the adultery took place in November 2004, well before the 2 year conditional ran out.
According to the INS- Adultery is a breach of 'good moral conduct'.
The fact I listed this child as mine on my wife's application to remove conditions, wouldn't that be constituted as fraud?
I only became aware of the situation during the past 2 weeks.
From what I have read so far on this site, everyone seems to say that there is no way to have the INS revoke unconditional status of a green card despite what may have happened before the application was approved and only now became aware of. Please help

Although your wife is a permanent resident, fraud can still get her deported.  That being said, there is quite a bit of work to be done to prove the case.  you will need to obtain an attorney to start the process.

That being said, you make no mention of a divorce and it appears you are still living together.  Obviously, it's painful finding out she was unfaithful, however was this an ongoing tryst or a one night stand?  And the child, what do you want done with her?  She is a US Citizen, not yours, but if your wife is deported, what do you intend to do?

Quite frankly, I would suggest counseling and forgiveness.
and think about your daughter.

Immigration Issues

All Answers

Answers by Expert:

Ask Experts




Immigration Law enforcement Border Patrol


30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

©2016 All rights reserved.