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Rockville, MD |

My husband and i are married for almost a year.He filed for my greencard and was approved about 4months husband is in the military and was cheating on me with one of his coworkers daughter and i had no idea until the lady's dad reported my husband to his boss and then i was notified.I had 2weeks break from him to live with a cousin when the incident happened.
When i came back he said ,he wants a divorce.Ireally love him and do not want loose him and have forgiving him.
My questions are ;1-what should i do now in preparation when is time for me to file I-751.
2-what doccuments do i need to proove that the marriage was entered in good faith.
3-can the divorce prevent me from being approved for the 10years?please really needs advice.

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Attorney answers 4


First, I'm sorry to hear you are going through such a difficult personal situation - I can only imagine how painful this must be.

You really need to consult an immigration lawyer directly about these issues. A big question will be whether you will be able to salvage the marriage, as well as timing of it all. To file alone with request to waive the joint filing requirement (assuming no abuse), a divorce needs to be final - so timing of everything is important. The divorce - if you can't salvage the relationship = is actually necessary.

How you prove a bona fide marriage depends on the situation, and what you have as proof.

Speak with a lawyer now to see where you stand, make plans, and know what timeframes are important.


Hire an attorney. Not easy situation

Reza Athari
Attorney at Law
Certified Specialist - Immigration and Nationality Law
State Bar of California - Board of Legal Specialization

Main office: Las Vegas, Nevada
Reza Athari & Associates, Pllc

3365 Pepper Lane, Suite 102
Las Vegas, NV 89120
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Barstow, California
Reza Athari & Associates, Pllc

309 East Mountain View Street, Suite 104
Barstow, CA 92311
Telephone: (760) 957-7220
Fax: (760) 957-7396

St. George, Utah
Reza Athari & Lui, Pllc

1036 East Red Hills Parkway, Suite D
St. George, UT 84770
Telephone: (435) 656-1136
Fax: (435) 656-1145

Salt Lake City, Utah
Reza Athari & Lui, Pllc

525 W 5300 S Suite 150
Murray, UT 84123
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Fax: (801) 281-9603
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You will need to apply for a waiver of the joint filing after your divorce is final.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


You should not stay in the marriage only for immigration reasons. It is wise to consult with an attorney before making the judgment about what to do about removing your conditions on the green card.

Dhenu Savla
SwagatUSA, LLC
Free Phone Consultations Available

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