Asked about 2 years ago - Rockville, MD

My husband and i are married for almost a year.He filed for my greencard and was approved about 4months ago.my 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.

Attorney answers (4)

  1. Stuart Jonas Reich


    Contributor Level 19


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . 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.

  2. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. Reza Athari

    Contributor Level 14


    Lawyer agrees

    Answered . 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
    Telephone: (702) 727-7777
    Fax: (702) 458-8508
    Toll free: (800) 565-2030

    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
    Telephone: (801) 262-LAW7
    Fax: (801) 281-9603
    If you have a SKYPE account, we may now video-conference or conduct a conference call on the computer from and to anywhere in the world for free. More information may be found at www.skype.com

  4. Dhenu Mitesh Savla


    Contributor Level 17


    Lawyer agrees

    Answered . 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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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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