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blessed2be

is this marriage bad faith

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I married someone from Jamaica. I have known him since 2006. I wanted to start a family with him. We married in 2012. Well here it is almost 3 years later and last hear I had discovered an affair that has been going on since before we married and while I was pregnant. The affair continues to this. I kicked him out 8 months ago because I couldn't take it no more. He kept defending her instead of caring for his family. He not only went into the marriage with a lie but went through the whole immigration process with this lie. I don't believe in divorce but I refuse to go any further in anymore of the immigration process. Is this grounds of an bad faith marriage?

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~~Moved to Effects of Major Family Changes on Immigration Benefits from Removal of Conditions - As the OP is not looking for advice to remove conditions, and similar topics have been discussed here.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Not sure what you mean by Grounds, but I would say that it seems he entered the marriage in bad faith and seemingly has not changed his views.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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That is a different issue entirely and totally depends on hard evidence that he entered into the marriage for an immigration benefit.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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This is not a bad faith marriage.

No one will hold any parades for your husband's behavior, but there is a difference between a "bad faith" marriage and one where your spouse behaves differently than you would like. Yes, even infidelity.

The technical question is whether your husband married solely to obtain an immigration benefit. There is no single objective test of this. But spouses lie all the time. "Honey, I was just catching up on email" when he was really watching porn. "Honey, I was working late" when she was really shopping. "Honey, I'm faithful to you" when he's schtupping the ex.

Consider for a moment the absurdity that would result if she said "He's cheating on me" and he said "She wouldn't have sex with me so I looked elsewhere." Do you really think USCIS wants to resolve "he said she said?"

You didn't specify what the current status of his immigration is. No one can force you to continue to assist him, but you cannot necessarily veto it either He has certain rights.

You can divorce him, you can refuse to provide him further immigration assistance, and you can tell USCIS what you know and let them decide. But for "bad faith" they are more generally looking for couples that didn't live together, didn't demonstrate trust in each other (for example, by combining their money), and didn't let the world know they were married, and happy to be married.

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If he hasn't been granted a visa you can pull your affidavit of support which will effectively kill any process you have started as a couple. If you have any evidence other than hear say that he has maintained another relationship while trying to get a green card through you , you can send it to the fraud unit of USCIS. If he is already here , the least painful path is to simply move on and let Karma take care of him.


This will not be over quickly. You will not enjoy this.

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OP sorry for your treatment by this man, however being married to him with a

kid & long history also the fact you had him leave will be hard to prove bad faith

especially if his g/friend is a documented person in the US, because that would

mean he chose marring you over her.

The guy is a cheat that will never change also disrespectful, end it, let

him have a relationship with the kid but move on, he wont change. You

will find a true person in the future.

I posted this yesterday ?????

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How would you be able to prove to USCIS that he started a relationship with her even before you got married? he says,she says it does not prove anything,it must be a solid proof.The chance is very slim that USCIS will give a second look to your case since you have a child with him. Divorce him and move on.

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Sorry people there are some facts I left out. Because of the affair starting before we married we were unable to build as a married couple. We never paid bills together,never co-miggled money,never took family trips. I have proof of the affair starting before we married by phone bills plus she has admitted it by texts when she was informing me of the affair and that she was pregnant by him. The reason he didn't marry her and allow her to file for him is because she didn't no he was her on a visa cuz he had her believing she was here for work. I have moved on and the reason I had asked this question is because his 2 yr release of conditions is coming up and because we never really lived as a married couple I question our marriage

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How did he get his GC in the first place?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hmm well you are asking a weird question "Is this a bad faith marriage"? Its not as simple as that.

Are you stating you will not be signing a joint ROC with him? If so then he will have to file on his own and from what you state he does not have much proof so he can be denied. (that means he will be divorcing you, whether you are agreeable or believe in divorce or not as the only way for him to ROC on his own is if you are divorced.)

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The logical thing to do for him is to divorce and remove conditions on his own.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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