IO came to our appartment, i work in different state than where my wife and i originally started our marriage, she and i are in dis-agreement for a while, she is cheating on me while i first went away for job, i found and confronted her, now she does not want to come to my place because she is decided to move in with new guy and want me to just sign divorce papers.
she told IO bad things about me and not telling me what exactly she told them,
What shall i do in this situation, take first flight go back home, schedule IP and tell them my situation or what is best option to avoid any legal action.
Whatever you ultimately decide to do, don't choose to "schedule IP and tell them my situation", for doing that would be akin to you wanting to help your own executioner to better chop off your head, through giving him a better access to the softest point on your exposed neck..
Anyhow, in a situation like yours many a client of mine opted for "Plan B", which consists of quickly divorcing the cheating spouse in Nevada, then remarrying with another girl (or boy) of one's dreams who also happens to be a USC and filing for a new AOS package.. Kindly note, however, that in a situation like this, before USCIS will agree to grant you "adjustment of status" thorough your new spouse, you will be asked to prove the "good faith" of both your marriages. Last, but not least, my clients also contract the professional services of a licensed clinical psychologist to make a report of the "trauma" suffered by the foreign national....victim. Such a report by a (reputable) psychologist, if properly written, has the weight of "expert testimony" in the equation..
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I suggest securing the assistance of a qualified immigration attorney in your area asap.
The answer above is only general in nature and is not to be construed as legal advice for any subject as all the facts are not known. Any and all answers are of a general nature only. The answers are not meant to and do not create an attorney-client relationship. Any recipients of content from this answer should not take action or refrain from taking action based on the answer provided in this general question/answer forum. Please seek appropriate legal advice based on the facts from an attorney licensed to provide such advise.
Before you take such drastic steps, schedule a consultation with an experienced immigration attorney.
Please see below:
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
This is obviously problematic. Your I-485 will die if your marriage ends. Worse yet, if she claims marital fraud then you may face severe immigration and potentially criminal consequences. If I were you I'd gather as much evidence now that your marriage was valid (joint financial documents such as bank accounts, insurance, property titles, pictures of the two of you (particularly traveling and/or pics with each others' families). The number one priority right now is to avoid a finding of marital fraud.
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