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Should I mention my ex-husband's infidelity when I petition for my new husband to come to the US?

Moreno Valley, CA |

I petitioned for my ex-husband to come to the US and it was approved. 4 years later he met another woman and divorced me. I am now filing a i-130 for my new husband and I was told I should submit evidence that the first marriage was bona fide a long with a letter explaining it all with my petition. But should I mention the infidelity or just generalize the problems that led to divorce?

Attorney Answers 3


What would be the purpose of doing so?

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.

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You can mention the infidelity .... if you wish ... it probably won't 'help' the new husband's papers.

You definitely should hire an attorney to help you.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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I agree with my colleague above --you should retain counsel. You need to establish that both your first and second marriages were bona fide and that neither of your husbands married you to obtain an immigration benefit. I would sit with qualified immigration counsel and review all of the documents you can present to establish that both marriages were bona fide. If that evidence includes evidence of your first husband's extra marital relationships, then include it. Good luck to you!

Debbi Klopman, ESq. 398 Bergen Street Brooklyn, NY 11217 718 622 1208 This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship

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