Reader's Q & A
For today's issue, let us answer this inquiry posed by a reader:
Q: I came to the US on tourist visa. While visiting my grandmother, I met her nurse Tisha and we instantly liked each other. We dated for a few months and plan to get married. The problem is that while we were dating, she was still involved with another man. Because of the abusive relationship she had with him, she decided to leave him. Unknown to her, she was already pregnant before they broke up. She told me about it when we were preparing for our wedding. I pitied her and did not want to further embarrass her and, I have to admit, I also love her. I decided to proceed with the marriage and even raise her child as my own. I am just apprehensive that when we file for my greencard would USCIS be not suspicious of my intent in marrying her?
A: First of all, congratulations on your upcoming wedding and hats off to you in standing up for your love no matter the circumstances. I don't know what the circumstances are between Tisha and the father of the child and how they go about co-parenting and raising their child with you around. I hope that all of you can find a way to maintain a civil and respectful relationship for the benefit of the child.
As to your question, Tisha, when she becomes your wife, and yourself have the burden of proof to show to USCIS that your marriage was entered in good faith and that it is based out of love and not in any way used to gain an immigration benefit such as a greencard or a work permit. Your acceptance of her pregnancy and marrying her despite not being the father of the child vis-a-vis your immigration status in the US would provoke a more careful and serious examination by the USCIS. Intent is state of mind and can only be deciphered through your actions. The best that you can do is to be honest to yourself. Did you really intend to marry Tisha because you love her? Or the prospect of obtaining a greencard by taking advantage of her predicament and marrying her was too enticing for you to pass up? Whether this marriage is out of love or not will be more evident after the marriage and after the child is born. Do you act as husband and wife in public and in the privacy of your home? Are you living in together in the same house? Are you and Tisha commingling funds and share joint bank accounts? Do you own properties held under both of your names? How involved are you in maintaining the affairs of your household? How participative are you in taking care of the child? You must be prepared to answer these kinds of questions. It would be best if you would gather documents as early as possible in order to prove the bona fides of your relationship. Your case may be a bit uncommon than the regular marriage-based adjustment applications but with conscientious preparation and proper documentation, you could increase your chances of having it approved.
- Latest
