My friend just became a citizen recently. Now he is trying to get citizenship for his wife. The problem is, he just started having an affair with another woman. He loves his wife and the marriage is legitimate, especially at the beginning. I just want to make sure that he will not be putting himself in danger for immigration fraud. What will happen if they find out about this affair during their investigation to get citizenship for his wife?
As general rule in immigration law, as long as two people enter into a good faith marriage with the intention of establishing a life together and not for the purpose of getting an immigration benefit, then no fraud is being committed. It is possible that marriages entered into in good faith can end later for different reasons. Your friend should fully discuss his case with an attorney to make sure there aren't any immigration consequences later.
If he is no longer in love with her or believes that his wife will divorce him, then it seems that he may be in his best interests at this point. Filing an application and adjustment carries financial consequences that can be enforced in divorce court.
She may want to move on with another relationship. She may be extremely upset with him when she finds out about his infidelity. He really needs to use care at this point. Although the relationship may have been entered in good faith, it is unclear if the marriage is viable, which can create complications for him and his wife.
In addition, she may have options and the decision to continue with a visa petition may prove unwise for both of them.
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