I believe he only married me to obtain his green card. While in Mexico I obtained proof that he was being unfaithful. Phone records, pictures, personal messages. He has not lived with me as husband and wife since he obtained his residency and does not want to divorce until after he has had his residence for over the 2 year period.
This is possibly more an immigration question than a family law question. From the perspective of family law, you can file for divorce. Unfaithful behavior is grounds for divorce but probably will have no bearing on rescinding a green card, but the immigration attorneys will tell you with more certainty.
You need to talk to a family law attorney regarding the divorce. In most states you don't need his cooperation. As to whether he can retain his green card that would his problem. If you feel like you want to write a letter to USCIS on his behavior you can do this and advise them you think he married you for the green card. They will look into this when he selfpetitions to get the 10 year green card..
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
My colleagues have explained you options well. I would only add that the separation or even divorce will not excuse you from supporting him based on the I-864 affidavit of support, should he make a demand. The only events that end this duty of support are: immigrant attaining 40 quarters of work credits for Social Security, immigrant becoming U.S. Citizen, immigrant permanently leaving the U.S., or death sponsor or immigrant.
For more information about I-864 duty of support after divorce, see link below.
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