Cheating - Any Effect on Citizenship?

[D & M 0]

Okay, this is NOT IN REGARD TO ME. Let's say two people got married - one US citizen and one illegal immigrant. If the marriage is rocky because the US citizen cheated -- and there is proof of it, that USCIS is aware of (hear me out here) -- then what happens? The illegal immigrant has the Green Card (conditional residency). Soon they will have the conditional status removed so that it will be an Unconditional Green Card.

What happens? Does that constitute marriage fraud in the eyes of USCIS?

This is a total hypothetical, but I am very interested to know if this situation has ever arisen, and what the answer is.

[Jasman0717 9]

Hey, my window installer is from Chile

[YuAndDan 153]

Firstly an ILLEGAL immigrant (Entry WITHOUT Inspection (NO VISA)) CANNOT get a green-card.

If they entered LEGALLY and got a CR-Green-Card, and the applied for and received the unconditional green-card, they are here LEGALLY and PERMANENTLY.

[D & M 0]

But what if they have their conditional green card and have not yet received the unconditional green card?

And this is if there is proof that there was cheating -- and that the USCIS knows about it.

[YuAndDan 153]

But what if they have their conditional green card and have not yet received the unconditional green card?

And this is if there is proof that there was cheating -- and that the USCIS knows about it.

USCIS is not concerned with cheating, if the marriage still exists (NO Divorce) when they process the I-751, they can and will issue the permanent green card.

US citizen can bring this up with USCIS and it MAY cause USCIS to request an interview before approving the I-751.

This is NOT a Citizenship question (N-400), it has to do with removal of conditions (I-751), moving this thread to correct forum.

[D & M 0]

So as long as there is no divorce, cheating should have zero effect on the residency or citizenship? Even if, let's say there is an ICE agent in the room, while the cheating occurred? Or what if it was cheating with an ICE agent, and the ICE agent got mad later because the US citizen didn't return any phone calls?

[moonhunt 1]

So as long as there is no divorce, cheating should have zero effect on the residency or citizenship? Even if, let's say there is an ICE agent in the room, while the cheating occurred? Or what if it was cheating with an ICE agent, and the ICE agent got mad later because the US citizen didn't return any phone calls?

It's really up to USCIS adjudicator.

If he/she is suspecting bona-fide marriage is not existing any more, he/she MAY deny I-751.

Lack of evidence for bona-fide marriage, or something like that.

One of the reason for issueing CR-1 (2 year conditional green card) is to see whether they maintain actual marriage for that period.

Actual case result may varies from the officer to the officer, and/or from the case to the case based on the information such as evidences.

[D & M 0]

But what if there is an actual, bona fide marriage, except for one time when the US citizen cheated? And the reason for the cheating was only to balance things after something happened before marriage that the US citizen didn't know about until a while after the marriage, something that can be forgiven but only after evening the score?

[Kathryn41 3,205]

This is sounding more and more contrived - and beginning to sound less and less like a hypothetical situation. The answer has been given. If the marriage is still valid and the couple are together, then conditional residency can be converted into permanent residency as well as converted into citizenship. Moral and interpersonal problems in the relationship are not up for USCIS' judgment as long as the couple are together and can prove the bona fides of the marriage.

It sounds suspiciously like one of the couple here wants USCIS to do some dirty work that they themselves don't want to either own up to or take responsibility for - like ending a marriage that isn't working. It also sounds like the couple involved would benefit from a course of marriage counseling.

[D & M 0]

Trust me, this is totally hypothetical and was just something I was wondering. It has nothing to do with anyone I know. I'm just interested in the rules. The more complicated, the more interesting!

[moonhunt 1]

But what if there is an actual, bona fide marriage, except for one time when the US citizen cheated? And the reason for the cheating was only to balance things after something happened before marriage that the US citizen didn't know about until a while after the marriage, something that can be forgiven but only after evening the score?

USCIS is not family court.

They will not care about cheating and divorce.

All they care is whether there is bona-fide marriage relationship between US citizen and sponsored immigrant.

If they don't find the proof for bona-fide marriage relationship for whole period, they will deny I-751 most likely.

For cheating thing, you should deal with family court.

If you want further information, you should consult with experienced immigration attorney along with divorce specialized attorney.

From USCIS viewpoint, if there is no bona-fide marriage relationship between petitioned US citizen and sponsored immigrant, there is no reason to approve I-751 unless it is extreme case.

There will be a lot of questions floated for cheating.

First thing USCIS officer will have is whether there was really marriage binding relationship between two?

Again this is beyond the public forum capable topic, I think.

It is involved detailed situation unique to each case.

So I would recommend to consult with immigration attorney.

[D & M 0]

What do you mean "There will be a lot of questions floated for cheating"? Do you mean that, during the I-751 interview they ask a lot of questions about cheating?

"First thing USCIS officer will have is whether there was really marriage binding relationship between two?"

-Yes, let's say there absolutely is. The cheating would only be to tie up a loose end from the past, as strange as it sounds it would be to strengthen the existing marriage.

Once again this is purely an interest item. Nothing like this has happened or will happen with anyone I know. It is merely for my own interest.

[D & M 0]

USCIS is not family court.

They will not care about cheating and divorce.

All they care is whether there is bona-fide marriage relationship between US citizen and sponsored immigrant.

If they don't find the proof for bona-fide marriage relationship for whole period, they will deny I-751 most likely.

Wait, you contradict yourself. Why would USCIS not care about divorce if they need the couple to be married (legitimately, of course)?

I am just wondering if cheating (with USCIS Knowing about one occurrence) would cause problems for the permanent green card from a marriage-based petition.

I am not condoning cheating or anything like that. I am just curious to know this answer.

[ianletz 0]

USCIS does not care about cheating. It cares about the intentions of marriage and the ongoing marriage status. Period.

Now, if a UCS spouse (hypothetically) is cheating on a Cond Perm Resident spouse, the latter should contemplate the options of either work things out in the marriage or get a divorce and then apply to remove conditions on a divorce waiver basis.

Again, it is not USCIS' business if someone cheats, argue, quarrel or whatever happens within the couple, as long as this is a bonafide marriage, entered into marriage not to circumvene immigration laws.

[ianletz 0]

As Moonhunt says:

USCIS is not family court!