simple divorce and paternity

[Smile88]

What is the name of your state (only U.S. law)? Florida

07/2004 Marriage Certificate Ft. Lauderdale
01/2008 Filed petition to remove conditions of permanent residency (I-751)
02/2009 Petition was “denied for cause” (according to USICS Officer because we missed a timeline to deliver further documentation).
03/2009 my wife delivered a baby from another man.

My wife and I agreed some time ago to divorce. Since we are still married I became the legal father. I believe a paternity can be disestablished with the voluntary consent of all three parties.
a. What should I do to start the process? Marriage in FL, Birth in CA (birth certificate names the biological father as the father, not me! Would I still have to contest?)
b. Do I have to disestablish paternity first before we can file for the divorce?
c. Do I have to be present at either the divorce hearing or the paternity hearing?
Since my petition for permanent residency has been denied a hearing will be held in the near future (according to the immigration officer over the phone). I probably will already be in Germany.
a. Do I have to be present during the hearing or can I be represented?
b. How can I make certain that I still can visit the US as a tourist even if residency will be denied? I overstayed my visa waiver program for some months in 2003.

Thank you in advance for your guidance.

 

[LdiJ]

My wife and I agreed some time ago to divorce. Since we are still married I became the legal father. I believe a paternity can be disestablished with the voluntary consent of all three parties.

Its a grey area to some extent. You are the legal father by statute, but since the biological father is on the birth certificate the biological father is the legal father due to the birth certificate.

The divorce petition needs to acknowledge the existence of the child, but also needs proper acknowledgement that you are not the father. An attorney would best know how to accomplish that.

a. What should I do to start the process? Marriage in FL, Birth in CA (birth certificate names the biological father as the father, not me! Would I still have to contest?)

If you are going to be back in Germany shortly, you should probably let your wife be the one to file for divorce in her state of residency. Otherwise, see above.

b. Do I have to disestablish paternity first before we can file for the divorce?

See above

c. Do I have to be present at either the divorce hearing or the paternity hearing?

If its uncontested and you are represented by an attorney, probably not.

Since my petition for permanent residency has been denied a hearing will be held in the near future (according to the immigration officer over the phone). I probably will already be in Germany.
a. Do I have to be present during the hearing or can I be represented?
b. How can I make certain that I still can visit the US as a tourist even if residency will be denied? I overstayed my visa waiver program for some months in 2003.

Thank you in advance for your guidance.

The immigration issues are something that you should address on an immigration forum, or with an immigration attorney.