James Wong I-571

Any advice from knowing souls is greatly appreciated.

Background:
I (aUS Citizen) just recently found out that my wife of 1 year, who
has a conditional green card, has been having an affair with another
man, AND has filed for divorce. Obviously, I am not going to agree
with the joint petition to remove her conditional status (I want her
deported). But I understand that she can file a waiver after the
divorce if she can prove "good faith" when she entered the marriage,
which is the main reason she wants to have a speedy divorce.

I sincerely believe (and had some doubts surface into the marriage)
that her only intention for marriage was to get a green card under my
sponsorship. I have now found out that she met the guy BEFORE we
married, heard from others that her father forced her into marriage
and that she never married me for love.
How should I proceed? What proof do I need to show to the INS that the
"good faith" was not there? I'm afraid that she will receive a waiver
because we did have joint accounts, that we did share residence and
bills together. This is further complicated by the fact that we have a
3-month old daughter(mine). How does custody come into play? (I would
like to take sole custody of my daughter)?

I plan to talk to an immigration attorney, but your advice is greatly
appreciated.

Mrtravel

If you have proof the marriage was not good faith, then you can give it
to INS.
Hearsay isn't going to be enough. I don't know what would be enough, but
hearsay wouldn't be.
However, you will have trouble getting sole custody of the child in most
cases unless the mother is unfit.
My opinion... Do not try to kick the child's mother out of the country
unless you want to see the child out of the country for extended
periods. You need a divorce attorney more than you need an immigration
attorney.


James Wong I-571 wrote:
    > Any advice from knowing souls is greatly appreciated.
    > Background:
    > I (aUS Citizen) just recently found out that my wife of 1 year, who
    > has a conditional green card, has been having an affair with another
    > man, AND has filed for divorce. Obviously, I am not going to agree
    > with the joint petition to remove her conditional status (I want her
    > deported). But I understand that she can file a waiver after the
    > divorce if she can prove "good faith" when she entered the marriage,
    > which is the main reason she wants to have a speedy divorce.
    > I sincerely believe (and had some doubts surface into the marriage)
    > that her only intention for marriage was to get a green card under my
    > sponsorship. I have now found out that she met the guy BEFORE we
    > married, heard from others that her father forced her into marriage
    > and that she never married me for love.
    > How should I proceed? What proof do I need to show to the INS that the
    > "good faith" was not there? I'm afraid that she will receive a waiver
    > because we did have joint accounts, that we did share residence and
    > bills together. This is further complicated by the fact that we have a
    > 3-month old daughter(mine). How does custody come into play? (I would
    > like to take sole custody of my daughter)?
    > I plan to talk to an immigration attorney, but your advice is greatly
    > appreciated.