wife is cheating
Jun 2nd 2005, 10:15 am
#1
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Thread Starter
Joined: Jun 2005
Posts: 6
wife is cheating
My cousin caught his wife cheating. If he divorces her, can he still get permanent residence?
he caught his wife cheating on him. They tried marriage counseling, but she continued to cheat on him. My cousin now wants to divorce his wife on the grounds of adultery. How will a divorce impact his immigration status while application pending!
he caught his wife cheating on him. They tried marriage counseling, but she continued to cheat on him. My cousin now wants to divorce his wife on the grounds of adultery. How will a divorce impact his immigration status while application pending!
Jun 2nd 2005, 11:16 am
#2
Forum Regular
Joined: Apr 2005
Location: London, moving to US in 2006
Posts: 32
Re: wife is cheating
Originally Posted by mildstone
My cousin caught his wife cheating. If he divorces her, can he still get permanent residence?
he caught his wife cheating on him. They tried marriage counseling, but she continued to cheat on him. My cousin now wants to divorce his wife on the grounds of adultery. How will a divorce impact his immigration status while application pending!
he caught his wife cheating on him. They tried marriage counseling, but she continued to cheat on him. My cousin now wants to divorce his wife on the grounds of adultery. How will a divorce impact his immigration status while application pending!
Give this kind of info and all of the experienced immigration expats (I don't think they are awake yet
, sorry but I am just starting the process...... I am not one yet) will be able to give you more solid advice. Good Luck
Jun 2nd 2005, 12:31 pm
#3
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Joined: Jun 2005
Posts: 6
Re: wife is cheating
It depends where he is in the Visa process,
few month away from the interview in local office.
has he filled for AOS yet?
Yes in 2003 the whole package sent
How long has he been in America?
about 6 years ago while he was attending local college with f1 student visa
How long has he been married?
married in America for 4 years .
Can he prove that she is cheating?
Yes she admits and she want to move out .
few month away from the interview in local office.
has he filled for AOS yet?
Yes in 2003 the whole package sent
How long has he been in America?
about 6 years ago while he was attending local college with f1 student visa
How long has he been married?
married in America for 4 years .
Can he prove that she is cheating?
Yes she admits and she want to move out .
Jun 2nd 2005, 1:57 pm
#4
Guest
Posts: n/a
Re: wife is cheating
brownin wrote:
>> My cousin caught his wife cheating. If he divorces her, can he still
>> get permanent residence? he caught his wife cheating on him. They
>> tried marriage counseling, but she continued to cheat on him. My
>> cousin now wants to divorce his wife on the grounds of adultery. How
>> will a divorce impact his immigration status while application pending!
> It depends where he is in the Visa process, has he filled for AOS yet?
> How long has he been in America? How long has he been married? Can he
> prove that she is cheating?
In most states it would not be necessary to prove adultery or anything
else for that matter.
> Give this kind of info and all of the experienced immigration expats
> (I don't think they are awake yet;), sorry but I am just starting the
> process...... I am not one yet) will be able to give you more solid
> advice.
> Good Luck :)
If the marriage was entered in good faith he should be able to self
petition. Obtaining a immigration attorney, along with a family law
attorney would be the thing to do.
--
I can't see the point in the theater. All that sex and violence. I get
enough of that at home. Apart from the sex, of course. - Baldrick -
Sense and Senility
>> My cousin caught his wife cheating. If he divorces her, can he still
>> get permanent residence? he caught his wife cheating on him. They
>> tried marriage counseling, but she continued to cheat on him. My
>> cousin now wants to divorce his wife on the grounds of adultery. How
>> will a divorce impact his immigration status while application pending!
> It depends where he is in the Visa process, has he filled for AOS yet?
> How long has he been in America? How long has he been married? Can he
> prove that she is cheating?
In most states it would not be necessary to prove adultery or anything
else for that matter.
> Give this kind of info and all of the experienced immigration expats
> (I don't think they are awake yet;), sorry but I am just starting the
> process...... I am not one yet) will be able to give you more solid
> advice.
> Good Luck :)
If the marriage was entered in good faith he should be able to self
petition. Obtaining a immigration attorney, along with a family law
attorney would be the thing to do.
--
I can't see the point in the theater. All that sex and violence. I get
enough of that at home. Apart from the sex, of course. - Baldrick -
Sense and Senility
Jun 2nd 2005, 2:04 pm
#5
Guest
Posts: n/a
Re: wife is cheating
mildstone wrote:
> It depends where he is in the Visa process,
> few month away from the interview in local office.
> has he filled for AOS yet?
> Yes in 2003 the whole package sent
> How long has he been in America?
> about 6 years ago while he was attending local college with f1
> student visa
> How long has he been married?
> married in America for 4 years .
Why hadn't paperwork been filed a long time ago (or immediately)?
> Can he prove that she is cheating?
> Yes she admits and she want to move out .
What state do you live in? Many states are no fault, community property
states WRT marriage. You don't need to prove anything, just need to want
to divorce.
--
I have not failed, I've just found 10,000 ways that won't work. - Thomas
Edison
> It depends where he is in the Visa process,
> few month away from the interview in local office.
> has he filled for AOS yet?
> Yes in 2003 the whole package sent
> How long has he been in America?
> about 6 years ago while he was attending local college with f1
> student visa
> How long has he been married?
> married in America for 4 years .
Why hadn't paperwork been filed a long time ago (or immediately)?
> Can he prove that she is cheating?
> Yes she admits and she want to move out .
What state do you live in? Many states are no fault, community property
states WRT marriage. You don't need to prove anything, just need to want
to divorce.
--
I have not failed, I've just found 10,000 ways that won't work. - Thomas
Edison
Jun 2nd 2005, 2:53 pm
#6
Member
Joined: Apr 2001
Posts: 14,049
Re: wife is cheating
Andrew,
"self petition" to adjust status to Permanent Resident?
Regards, JEff
"self petition" to adjust status to Permanent Resident?
Regards, JEff
Originally Posted by Andrew DeFaria
brownin wrote:
...
If the marriage was entered in good faith he should be able to self
petition. Obtaining a immigration attorney, along with a family law
attorney would be the thing to do.
...
If the marriage was entered in good faith he should be able to self
petition. Obtaining a immigration attorney, along with a family law
attorney would be the thing to do.
Jun 2nd 2005, 3:17 pm
#7
Concierge
Joined: Apr 2001
Posts: 46,388
Re: wife is cheating
Originally Posted by mildstone
My cousin caught his wife cheating. If he divorces her, can he still get permanent residence?
he caught his wife cheating on him. They tried marriage counseling, but she continued to cheat on him. My cousin now wants to divorce his wife on the grounds of adultery. How will a divorce impact his immigration status while application pending!
he caught his wife cheating on him. They tried marriage counseling, but she continued to cheat on him. My cousin now wants to divorce his wife on the grounds of adultery. How will a divorce impact his immigration status while application pending!
His wife is his personal problem. Tell him to see two attorneys: one specializing in divorce, American style, and one specializing in US immigration.
AFAIK, he doesn't have a leg to stand on. Adultery is not considered abuse.
Jun 2nd 2005, 3:20 pm
#8
Concierge
Joined: Apr 2001
Posts: 46,388
Re: wife is cheating
You can only petition under the VAWA for the right to self-petition if you are or have been abused. Highly doubt that adultery will be considered abuse as they are still living together and trying to make the marriage work.
BTW wonder why they waited so long to petition for his AOS? Married according to the OP for four years (2001) but didn't petition until 2003. Seems like someone here has their priorities a bit twisted.
BTW wonder why they waited so long to petition for his AOS? Married according to the OP for four years (2001) but didn't petition until 2003. Seems like someone here has their priorities a bit twisted.
Originally Posted by Andrew DeFaria
brownin wrote:
>> My cousin caught his wife cheating. If he divorces her, can he still
>> get permanent residence? he caught his wife cheating on him. They
>> tried marriage counseling, but she continued to cheat on him. My
>> cousin now wants to divorce his wife on the grounds of adultery. How
>> will a divorce impact his immigration status while application pending!
> It depends where he is in the Visa process, has he filled for AOS yet?
> How long has he been in America? How long has he been married? Can he
> prove that she is cheating?
In most states it would not be necessary to prove adultery or anything
else for that matter.
> Give this kind of info and all of the experienced immigration expats
> (I don't think they are awake yet, sorry but I am just starting the
> process...... I am not one yet) will be able to give you more solid
> advice.
> Good Luck
If the marriage was entered in good faith he should be able to self
petition. Obtaining a immigration attorney, along with a family law
attorney would be the thing to do.
--
I can't see the point in the theater. All that sex and violence. I get
enough of that at home. Apart from the sex, of course. - Baldrick -
Sense and Senility
>> My cousin caught his wife cheating. If he divorces her, can he still
>> get permanent residence? he caught his wife cheating on him. They
>> tried marriage counseling, but she continued to cheat on him. My
>> cousin now wants to divorce his wife on the grounds of adultery. How
>> will a divorce impact his immigration status while application pending!
> It depends where he is in the Visa process, has he filled for AOS yet?
> How long has he been in America? How long has he been married? Can he
> prove that she is cheating?
In most states it would not be necessary to prove adultery or anything
else for that matter.
> Give this kind of info and all of the experienced immigration expats
> (I don't think they are awake yet
, sorry but I am just starting the > process...... I am not one yet) will be able to give you more solid
> advice.
> Good Luck
If the marriage was entered in good faith he should be able to self
petition. Obtaining a immigration attorney, along with a family law
attorney would be the thing to do.
--
I can't see the point in the theater. All that sex and violence. I get
enough of that at home. Apart from the sex, of course. - Baldrick -
Sense and Senility
Jun 2nd 2005, 3:47 pm
#9
Guest
Posts: n/a
Re: wife is cheating
From: Andrew DeFaria <[email protected]>
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jeffreyhy wrote:
>> brownin wrote:
>>>> My cousin caught his wife cheating. If he divorces her, can he
>>>> still get permanent residence? he caught his wife cheating on him.
>>>> They tried marriage counseling, but she continued to cheat on him.
>>>> My cousin now wants to divorce his wife on the grounds of adultery.
>>>> How will a divorce impact his immigration status while application
>>>> pending!
>>> It depends where he is in the Visa process, has he filled for AOS
>>> yet? How long has he been in America? How long has he been married?
>>> Can he prove that she is cheating?
>> In most states it would not be necessary to prove adultery or
>> anything else for that matter.
>>> Give this kind of info and all of the experienced immigration expats
>>> (I don't think they are awake yet;), sorry but I am just starting
>>> the process...... I am not one yet) will be able to give you more
>>> solid advice. Good Luck :)
>> If the marriage was entered in good faith he should be able to self
>> petition. Obtaining a immigration attorney, along with a family law
>> attorney would be the thing to do.
> Andrew,
> "self petition" to adjust status to Permanent Resident?
> Regards, JEff
Isn't that what I said? Why are you addressing this to me?
--
Humor is a rubber sword - it allows you to make a point without drawing
blood. - Mary Hirsch
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jeffreyhy wrote:
>> brownin wrote:
>>>> My cousin caught his wife cheating. If he divorces her, can he
>>>> still get permanent residence? he caught his wife cheating on him.
>>>> They tried marriage counseling, but she continued to cheat on him.
>>>> My cousin now wants to divorce his wife on the grounds of adultery.
>>>> How will a divorce impact his immigration status while application
>>>> pending!
>>> It depends where he is in the Visa process, has he filled for AOS
>>> yet? How long has he been in America? How long has he been married?
>>> Can he prove that she is cheating?
>> In most states it would not be necessary to prove adultery or
>> anything else for that matter.
>>> Give this kind of info and all of the experienced immigration expats
>>> (I don't think they are awake yet;), sorry but I am just starting
>>> the process...... I am not one yet) will be able to give you more
>>> solid advice. Good Luck :)
>> If the marriage was entered in good faith he should be able to self
>> petition. Obtaining a immigration attorney, along with a family law
>> attorney would be the thing to do.
> Andrew,
> "self petition" to adjust status to Permanent Resident?
> Regards, JEff
Isn't that what I said? Why are you addressing this to me?
--
Humor is a rubber sword - it allows you to make a point without drawing
blood. - Mary Hirsch
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Jun 2nd 2005, 11:00 pm
#10
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Thread Starter
Joined: Jun 2005
Posts: 6
Re: wife is cheating
any firm legal advice ..
Jun 2nd 2005, 11:06 pm
#11
Member
Joined: Apr 2001
Posts: 14,049
Re: wife is cheating
Originally Posted by mildstone
any firm legal advice ..
Firm legal advice comes from lawyers. If that's what your cousin wants, he should make an appointment to see one.
Regards, JEff
Jun 3rd 2005, 12:58 am
#12
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: wife is cheating
Originally Posted by mildstone
My cousin caught his wife cheating. If he divorces her, can he still get permanent residence?
he caught his wife cheating on him. They tried marriage counseling, but she continued to cheat on him. My cousin now wants to divorce his wife on the grounds of adultery. How will a divorce impact his immigration status while application pending!
he caught his wife cheating on him. They tried marriage counseling, but she continued to cheat on him. My cousin now wants to divorce his wife on the grounds of adultery. How will a divorce impact his immigration status while application pending!
Your question is way too general. What do you mean by "cheating?" If she was cheating on their joint tax return, he just might have bigger problems than just in immigration. If she was cheating on her college examinations and was expelled from school, I see no effect on immigration status.
However, absent "abuse" [whatever that may mean], even filing for divorce kills the I-130 petition.
Jun 3rd 2005, 4:17 pm
#13
Just Joined
Thread Starter
Joined: Jun 2005
Posts: 6
Re: wife is cheating
Originally Posted by Folinskyinla
Hi:
Your question is way too general. What do you mean by "cheating?" If she was cheating on their joint tax return, he just might have bigger problems than just in immigration. If she was cheating on her college examinations and was expelled from school, I see no effect on immigration status.
However, absent "abuse" [whatever that may mean], even filing for divorce kills the I-130 petition.
Your question is way too general. What do you mean by "cheating?" If she was cheating on their joint tax return, he just might have bigger problems than just in immigration. If she was cheating on her college examinations and was expelled from school, I see no effect on immigration status.
However, absent "abuse" [whatever that may mean], even filing for divorce kills the I-130 petition.
adultery affairs!
Jun 3rd 2005, 4:37 pm
#14
Concierge
Joined: Apr 2001
Posts: 46,388
Re: wife is cheating
Originally Posted by mildstone
adultery affairs!
In and of itself, not grounds for self-petitioning for adjustment of status.
Now if you can document her adulterous affairs as abuse to you by doctors then you might be able to get the I-360 approved so you can self-petition. However, adultery is all to common in marriage and as you are still living with her and were trying to make the marriage work regardless (thus showing your tolerance for her behavior) it might not fly.
Jun 3rd 2005, 5:11 pm
#15
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: wife is cheating
Originally Posted by Rete
In and of itself, not grounds for self-petitioning for adjustment of status.
Now if you can document her adulterous affairs as abuse to you by doctors then you might be able to get the I-360 approved so you can self-petition. However, adultery is all to common in marriage and as you are still living with her and were trying to make the marriage work regardless (thus showing your tolerance for her behavior) it might not fly.
Now if you can document her adulterous affairs as abuse to you by doctors then you might be able to get the I-360 approved so you can self-petition. However, adultery is all to common in marriage and as you are still living with her and were trying to make the marriage work regardless (thus showing your tolerance for her behavior) it might not fly.
I was listening to "Fresh Air" yesterday and Ms. Gross was interviewing Stephanie Coontz who just published a book on the history of marriage. Ms. Coontz was noting that with the fairly recent movement to love-based marriage, adultery has become a lot more serious than it was previously. It would be an interesting I-360.