Can my wife still petition for me to get a green card? 9 Answers as of October 08, 2013

I am not a citizen, my wife just gave birth, and we discovered the baby is not mine. I still love her and want to be with her (the affair happened when we took a break from our relationship). Can she still petition for me to get a green card? We have been married for 1 year.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If the marriage is bona fide from both parties and she wants to petition for you, then she can even if she gave birth to a child that is not your child.
Answer Applies to: California
Replied: 10/8/2013
Walker & Ungo Law Firm
Walker & Ungo Law Firm | Gabriela Ungo
Yes, if your wife is a US Citizen or a lawful permanent resident she can file a petition for alien relative on your behalf, as your marriage is bona fides and viable.
Answer Applies to: Mississippi
Replied: 10/7/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Yes, she still can file an immigrant petition for you. Her infidelity does not, in itself, make your marriage invalid.
Answer Applies to: New York
Replied: 10/2/2013
Immigration Law Offices, LLP
Immigration Law Offices, LLP | Fakhrudeen Hussain
Yes she can petition for you as long as your marriage is bona fide.
Answer Applies to: California
Replied: 10/1/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You can still apply for a green card through your spouse if you reconciled. I recommend documenting your relationship very well. You may have to explain the affair but it should not prevent you from being granted a green card.
Answer Applies to: California
Replied: 10/1/2013
    Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. | David Nachman
    The issues are complicated but if the marriage is bona fide then you can certainly do a marriage case with facts such as this. You will definitely want to have the assistance and guidance of a qualified immigration lawyer if you decide to pursue the case.
    Answer Applies to: New Jersey
    Replied: 10/1/2013
    Law Office of Eric Fisher | Eric Fisher
    If your wife is a US citizen or lawful permanent resident, she can file the I-130 visa petition for you if you are still living together as husband and wife.
    Answer Applies to: Colorado
    Replied: 10/1/2013
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    Yes, but you would be best advised to retain an experienced immigration attorney. This will not be an easy case.
    Answer Applies to: New York
    Replied: 10/1/2013
    Mayo Mallette PLLC
    Mayo Mallette PLLC | Thomas J. Rosser
    Yes she can as long as your marriage remains viable.
    Answer Applies to: Mississippi
    Replied: 10/1/2013
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