Getting divorced before 1-751 due to cheating and need advice

[Meg&Andrew 297]

1 hour ago, Roel said:

Cheating happens. Get over it and move on, stop giving a ####### about immigration right now. Simple. 

It's easy to say cheating happens when you aren't being the one cheated on. While the OP may not have any grounds to do anything as far as immigration goes, it's not that easy to "get over it and move on". That's something you'd only understand if you've been cheated on. It changes everything,  even the way you look at future relationships. 

[Going through 5,668]

1 hour ago, Damara said:

From USCIS.
 
https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22009/0-0-0-22063.html)

This page you linked to doesn't come up.

[Going through 5,668]

1 hour ago, cd37 said:

I thought for USCIS, either you are divorced or not divorced. it doesnt matter if its fault or no fault divorce but I may be wrong.

I think for the purposes of ROC, they mostly care if the marriage was entered into as a bonafide relationship...many people file for ROC using the divorce waiver, whether at fault in the end of the marriage or not, it can be a basis for denial if absolutely proven though, but I have a feeling that reason as a sole reason for denial is seldom enforced...

Edited August 21, 2017 by Going through

[geowrian 22,335]

33 minutes ago, Meg&Andrew said:

It changes everything,  even the way you look at future relationships. 

Only if you let it. Been there (after 8 years).

 

29 minutes ago, Going through said:

This page you linked to doesn't come up.

Looks like a ")" was added to the end of the link.

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22009/0-0-0-22063.html

[jakartausa 28]

2 hours ago, Damara said:

So Im going to disagree a bit with what others have posted here. The fact that he committed adultery which ended the marriage can be used against him for ROC.

 

(2) Application for waiver based upon the alien's claim that the marriage was entered into in good faith . In considering whether an alien entered into a qualifying marriage in good faith, the director shall consider evidence relating to the amount of commitment by both parties to the marital relationship. Such evidence may include -- 
(i) Documentation relating to the degree to which the financial assets and liabilities of the parties were combined; 
(ii) Documentation concerning the length of time during which the parties cohabited after the marriage and after the alien obtained permanent residence; 
(iii) Birth certificates of children born to the marriage; and

(iv) Other evidence deemed pertinent by the director. 
 
From USCIS.
 
https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22009/0-0-0-22063.html)

 

Also-If USCIS discovers that you were at fault in the termination of your marriage (because you abandoned your spouse or committed adultery, for example), the agency may deny your I-751 petition.

 

http://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html

 

He was at fault for the marriage ending. Thats different from there being no fault. Fault was assigned to him. Someone said there was good faith for a while and then there wasnt or something like that. That period of non good faith can be held against him. The OP can send a letter to USCIS outlining her side of the story along with the divorce papers and see what happens. He may get denied for ROC. 

 

As for the contract signed by the ex- If USCIS wants to come after her or the parents to recoup money they can and the contract wont stop them. If the ex wants to sue in court for support- who knows. People have made contracts like that before but to my knowledge the validity of it has yet to be challenged in court. 

That maybe the rule but he cheated and that is a normal part albeit crummy part of marriage. The USCIS will not budge on this. Believe me. So they are going to deny ROC because some guy or girl cheats. That rule you mention is an add on rule/provision that is used when another scenario occurs and they want to add more fuel to the fire. Think about it, how many guys or girls, email or call the USCIS daily sayingj this exact thing, "Hey I met this guy and we got married, AOSd and then he got his 2 yr gc and cheated on me? This is an abomination and I want him/her denied ROC and they must go home" Believe me they get A TON! They will do nothing im sure!

 

ALSO OP is from a no fault state so the part about the USCIS finding out about adultery is irrelevant. I can cheat on my wife or husband with 10 people and then we can claim irreconcilable differences.

Edited August 21, 2017 by jakartausa

[David & Diana R 1,005]

23 hours ago, nothas88 said:

Hi all,

 

I am a U.S. Citizen and my (soon to be ex) husband is here on a marriage-based conditional green card. My parents signed the Affidavit of Support considering neither my husband nor I had a job at the time of filing the I-130 & I-485. We were together for 2 1/2 years prior to getting married, so we had A LOT of proof of a bonafied, happy relationship during our initial interview. Fast forward to just before our 2 year anniversary, we're both unhappy and it becomes clear I'm the only one trying to fix the marriage. After months of emotional abuse, I eventually find evidence that he is having an affair with a co-worker (who is also married). I will add that he was very adamant about keeping his workplace and me completely separate (I only met less than a handful of his co-workers despite the fact he worked over 10 hour days, 6 days a week) and I believe many of them knew about his infidelity. I filed for divorce on grounds of Adultery and he chose not to contest it because he has no money for a lawyer. The divorce will be finalized in another month, just at the beginning of the 90 day period that he can file to remove the conditions off his green card. 

 

Despite the last few months of hell, I do genuinely believe that his intentions were good at the time of proposal through our first few months of marriage (He didn't start acting cold and detached until over a year and half in), so I don't necessarily want to raise flags of fraud. We both agreed to divorce, I kicked him out for the cheating and neither one of us want anything from the other but to be left to our own. Beforehand, I handled all the paperwork (He doesn't really understand any US legal processes), but now he's on his own and can go get a lawyer to figure everything out considering it won't look good that he caused the divorce due to infidelity. That being said, I have a very strong feeling that he's going to ask his co-workers to write sworn statements as evidence of a bonafied marriage. There's not a ton of evidence because most things were in my name and all of our shared accounts/etc. are now closed and we did not see one another very often or even do much together because he devoted so much time to his job/friends/affair. It's almost a guarantee he'll have to provide proof/witnesses and those are the only people he knows here. I don't, in any way shape or form, want to be associated with his workplace or the people who work there. I've only really met 3 or 4 of them anyway and (mutually) did not like any of them. I'm sure he did a fair amount of lying about me to them and I never really was around anyone enough for them to know anything substantial about our relationship.

 

Long story short, I'm not necessarily trying to put his permanent green card even more in jeopardy than it already it, but I definitely want to alert USCIS about the divorce, distance my parents from the responsibility of financial support they signed and (somehow?) request that anything from these ill-meaning co-workers not be considered actual, truthful affidavits. How do I do this? Should I write a letter? Call? Request an interview?

 

Needing any and all advice.

 

Thanks!

First I would like to say I am sorry this happened to you.  Just let it go.  It is not your job to get him deported.  You will only torment yourself.  Let him go.  Let it all go and move on with your own life.

[IcezMan_IcezLady 582]

21 hours ago, Roel said:

Cheating happens. Get over it and move on, stop giving a ####### about immigration right now. Simple. 

did that strike a nerve?  Why are telling her how to feel about her situation?

[Ontarkie 13,916]

~~The OP's questions have been answered. Thread locked to further discussion as the OP is not here for a lecture.~~