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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11703
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I found out my immigrant wife cheated on and I caught her.

Customer Question

I found out my immigrant wife cheated on and I caught her. I thought we worked it out. A week later we had the immigration interview. The day after the interview, she left me for the guy she was having an affair with. This was two weeks ago. I love her and still want her back, but its obvious she didn't really love me if she was sleeping with another man and left the day after. I have been talking with her trying to get her to come back because its hard for me to accept she tricked me, but I know. Her green card arrived and I told her I will give it to her. She told me her rich boyfriend has powerful lawyers if I try to deport her. The marriage is 4 months old. What can I do? whats the likely result?
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Expert James replied 5 years ago.

Hello! Thank you for using Just Answer. I'm happy to answer your immigration questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also will be working with several other customers, so you may experience delays. Your questions WILL be answered in the order they are received; therefore, please be patient as we work through your questions.


What do you want to do?


Do you have documented proof of the affair or documented proof that she married you only for immigration?

Customer: replied 5 years ago.
What would serve as documented proof? I was upset and deleted alot of text messages on our communication. The way I found out she was cheating was she told me she was alone in new york traveling, and I checked our tmobile family locator and saw she was still in florida. When she got home she admitted to it. She was been careful by using a prepaid phone to talk to him when she was doing it so I dont have those records and she wont tell me who he is. She is suppose to come get her green card this week. I want her deported since she did this and I don't know if this guy is bad news so its better if she is gone. I have not filled out the statement yet for homeland security like they asked me to. Please help. She is living the life of luxury in Beverly hills on vacation while I'm home crying.
Expert:  Expert James replied 5 years ago.
Documented proof is actual, physical roof of a fraud. So letters admitting to it, emails admitting to it, etc. Words alone are simply not enough.

Did she get a conditional, 2-year green card? OR did she get the 10-year card?
Customer: replied 5 years ago.
2-year conditional. So what do I do?
Expert:  Expert James replied 5 years ago.
It is not a good idea to rush Experts into answering a question. We have to know all of the details to be able to give you the best answer we can. So please be patient throughout this process.

There are two things to consider here. You have to have documented proof of the fraudulent marriage, or at least of actions that would show that the marriage was not in good faith on her part. As I mentioned, words alone will not be sufficient. If you can provide this information, you need to make the statement, with supporting evidence to the USCIS, who will decide whether they will move forward with investigating and possible removal proceedings and revocation of the green card. Normally, this does not happen, unless the offense is egregious or the proof is there in black and white.

The other thing is, with the 20year green card, she is not home free. She is basically given a probationary green card. Before the 1 years ends, both you and she must file a joint application for removal of the conditions, to make it a non-probationary green card, but a permanent resident card. If you remain married, it must be a joint petition, to show that both of you intend to move forward as a married couple.

The only way she can get a permanent resident card without your help on the joint application is if you are totally and completely divorced, and she can show proof that she entered the marriage in good faith. Of course your providing a letter for her file stating that you believe otherwise, and why you believe so, will make it more difficult for her.

But again, there is no way to guarantee that she will lose her green card and be deported. You can only do so much, and then leave it up to the USCIS to decide whether they will move forward with an investigation.

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