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I am the petitioner for my husband who is on his CR1 Visa,

I am the petitioner...

I am the petitioner for my husband who is on his CR1 Visa, with condition removal to be filed in October. I recently found out he is cheating on me, but apparently staying with me so as to not get sent back to his home country. What can I do?

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Husband is here on a conditional 2-year green card. I have not filed anything with US gov't.. is there something I should be filing? He tells me he wants to "work on the marriage" but refuses to stop seeing the other woman... I was the one who did all the research and preparation for his immigration.

Lawyer's Assistant: Have you talked to a lawyer about the visa?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Husband is desperate to not get sent back to Sweden

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Answered in 5 minutes by:
3/19/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,365
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

I am sorry this has happened to you. Unfortunately, he does not have to stay with you to remove the conditions on his green card. He can file for divorce now and file an I-751 waiver on his own and prove that the marriage was real originally, but just fell apart, just like many marriages do, even between two U.S. Citizens. Take a look at this like:

https://www.uscis.gov/green-card/after-green-card-granted/conditional-permanent-residence/remove-conditions-permanent-residence-based-marriage

Take a look at the part that says, "How to Get a Waiver of the Requirement to File a Joint Petition"

But if you believe that he was never into the marriage for the right reasons, you can get him deported eventually, but you have to have strong evidence. What strong evidence do you have against him that wouldn't just be your word? You don't want to come off as a hurt spouse that is after revenge because things didn't work out.

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And believe me, I'm on your side, just that I need to know what strong evidence you have.

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Customer reply replied 4 months ago
I don't really have much evidence for or against the marriage. Our relationship was long distance, until he travelled here to see me in person in Sept 2015 (he stayed until Nov 2015). We got married Oct 15, 2015... he spent from Nov 2016 to Jan 2017 in Sweden waiting on approval. Arrived stateside Jan 14, 2017 ... we have been cohabitating ever since, I thought he loved me. I found out on Christmas that he was in an affair with a girl at his work. He told me he would end it... but didn't... kept saying he wanted to "work on the marriage" ... told this other woman that he had been "unhappy since he set foot in the US". I strongly feel that he just used me to get over here.
Customer reply replied 4 months ago
I called USCIS, and the agent I spoke with suggested contacting an attorney familiar with immigration. She also told me that , if we are in the process of separating/divorcing, he cannot file a waiver on his own, as the visa is based on marriage?

The problem is that there are two very hefty penalties for marriage fraud. The first, under 18 U.S.C. § 1325(c), provides a penalty of up to five years imprisonment and up to $250,000 fine for any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws."

The second penalty is a PERMANENT bar to ever getting a green card even if the person marries a different U.S. Citizen (for love) or even if they have U.S. Citizen children.

So because of these penalties, the evidence has to be strong that the marriage didn't just fall apart like many marriages do.

You can report marriage fraud in three different ways:

1) You can go to http://www.ice.gov/webform/hsi-tip-form and file the report there.

2) You can call the ICE hotline at 1-(866)(###) ###-####

3) You can contact the local USCIS field office by going to http://www.uscis.gov/about-us/find-uscis-office/field-offices

Unless he has committed a serious enough crime, ICE probably will not get involved, so #3 is probably the best bet. You should have evidence of the marriage fraud handy in case they want to ask you questions or have you send evidence to them.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 4 months ago
We had a friend of mine write an appeal letter to verify our relationship, and I wrote one myself, for his original visa. Neither of us enjoy photos, so there's very little proof of us together. His name is ***** ***** anything except his own bank account and secured credit card... everything is in my name alone. No joint account except car insurance.

Well, like I said, you can provide all the evidence that you can and hopefully that will be enough do that at the very least, when he tries to apply on his own to remove the conditions, they will not approve him and he will lose his Residency status and become deportable from the U.S.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,365
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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