What happens if a foreign woman visits the US with a tourist or work visa and gets pregnant by an American man?

[Anonymous]

If the American man wants to claim his child and fully support and continue a relationship with the foreign mother but can’t legally be married to her because he is already legally married, but his wife is fully supportive, can the foreign mother be given a permanent visa? The child would have claim as an American citizen and the father has rights, but the child also has rights to have the mother and obviously needs the mother. And if the man loves the mother and his wife is ok with her and fully supportive, it would seem that the government couldn’t legally separate the child from either parent. It seems cruel! What are the laws and how would this work out best? What’s the best solution?

[Anonymous]

There was a similar case years ago where when a wife from Ireland split with her American husband she had to leave America and the US courts were able to force the British courts to grant the father full custody as the child was s us citizen born in the us in America thus separating mother and child. Last I heard she was trying to get a green card.

[Asker]

Very interesting. Thank you for the info. I’ll have to look it up.

In this situation it’s a foreign woman and existing American wife, both women love the man and both would be willing to be a wife but due to current discriminatory US laws regarding polygamy, he can only legally be married to one. But he has children with both. So if she has to go back, one parent loses contact with the child and both parents who love each other and want to be married are separated. It’s unbelievably cruel especially when they are a good wholesome family and both wives are best friends, willing to live together and share resources under the same roof.

[Asker]

The other option is that he could legally divorce his American wife and just be good with a spiritual marriage so he can legally marry the foreign woman and force immigration to let her stay. But then that’s cruel and unfair to the American wife. It’s all just unfair and discriminatory

[Anonymous]

Any child born here would automatically have citizenship. If the mother was here on a visa, she’d have to return to her home country when it expires. The baby does not grant her citizenship. When her child turns 21, he/she could legally sponsor the mother for a green card.

[Asker]

Wow, that seems very cruel.

The husband would marry her but he’s already married legally. He would marry her in addition with his wife’s permission. But the anti polygamy laws is a very discriminatory set of laws in the US too. So it’s like no matter what direction, this family has a very unfair uphill battle.

So the mother could only remain here as long as she has a work visa it sounds like? Otherwise it completely breaks up a family

[Asker]

Wouldn’t she be able to claim asylum where the father of the child is an American citizen?

[Opinion Owner]

Elements of the US immigration system are very arbitrary and cruel. Asylum is only granted if you can prove persecution in your home country based on race, religion, nationality or political views. The majority of claims are denied but she could try. Having a lawyer specializing in immigration law is a plus.

[Asker]

Thank you 🙏

[jshm2]

Those are called "anchor babies" as the child is a US citizen, but the parent is anchored to the child, so get visitation in the least.

[Midgetmcwidget]

I believe the term in anchor baby

[Asker]

Thank you. But would that help anchor the mother too?

[Anonymous]

That's s good question for the State Department or a lawyer who is knowledgeable about such matters.