Pregnant father is non us citizen

What is the name of your state?What is the name of your state?California
I am pregnant and the father and I were engaged, he left when he found out I was pregnant, he is not a us citizen. Can I legally force him to pay child support when he is not here legally? Can he apply for legal status because he fathered a child with a US citizen and fight for custody?

He's not a US citizen AND he is also not here legally?

If he does not have a green card, is he being paid under the table? If so, you will not be able to have his wages garnished.

Depending upon where he is from, if he returns there you may or may not be able to collect CS through his government. Also, wage scales in some other countries are very low compared to here, so, again, deoending upon where he is from, if they DO collect CS, it may be on a fractional comparative income to here.

Knowing nothing of his situation, we have no idea if he can somehow obtain permanent resident staus, but it seems unlikely if he is now illegal.

Do YOU have a good job? You will likely need it, as there is a very good chance you will be bearing most or all of the financial responsibility for this child.

aviccachild said:

What is the name of your state?What is the name of your state?California
I am pregnant and the father and I were engaged, he left when he found out I was pregnant, he is not a us citizen. Can I legally force him to pay child support when he is not here legally? Can he apply for legal status because he fathered a child with a US citizen and fight for custody?

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If he ENTERED the US illegally there is no way for him to become legal unless he returns to his homecountry and files a bunch of waivers and pray for approval. If he entered the US legally but overstayed his visa, he can become legal if he marries a US citizen and pass the AOS interview. Having a US citizen kid won't make him legal, his US citizen kid can petition to sponsor him when he/she turns 21, but not before then.

AHA said:

If he entered the US legally but overstayed his visa, he can become legal if he marries a US citizen and pass the AOS interview.

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I heard that becoming a US citizen isn't as easy as this anymore due to stricter laws. Am I wrong about that?

nagol818 said:

I heard that becoming a US citizen isn't as easy as this anymore due to stricter laws. Am I wrong about that?

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By passing the AOS interview you get legal by getting a Green Card. US citizenship is a whole other animal, which takes years of waiting, filing forms, passing various tests/interview and staying married to the same US citizen (if you are applying through marriage to a USC).

An ode to the Comma...

I'd be willing to bet that a "Pregnant father," whether or not he "is non US citizen," could get free room and board and medical care at any hospital or medical research center in the U.S.!

LOL I was just gonna come and post something similar.

It would make a great tabloid headline.

I had a similar situation. My husband is an immigrant. He has always been in the US legally, but there was a period of about 6 months from the date he entered because he was waiting for his work permit.

The mother of his US citizen child (mother is illegal) opened a child support case up against him. The government imputed his income to minimum wage for his state and ordered that he pay child support based on that plus 1/2 of daycare expenses.

However, if he does leave the US, depending on where he goes, you probably will have a hard time collecting child support from him.

Regardless of whether or not he works under the table you should be able to get something.

The mother of my husband's son has an ex-husband that is here illegally as well. He is paying child support ordered by the court.

American born males need lovin too ............... Illegals

Everybody is forgeting the most important thing. Dad obviously wants noting to do with the child cuz he up and left when he found out she was prego. He cannot be forced to become a us citizen and without him being one kiss the CS goodbye.

Wow ! What counrty is he from. I didn't know there was a country where men gave birth.

And I let my ( * )Y( * ) sag for nothing