Cheating - Any Effect on Citizenship?

[Melrose Plant 1]

Contrary to what some of the above posters intimated, "family court," which in most states is just regular old state district court, doesn't care about cheating either. Even the few remaining states that still have "grounds" really don't wan't to get involved. Why would they? It's a court of law, not Maury Povich. That goes double for USCIS, which doesn't deal in family law. Cheating certainly isn't guaranteed to affect the outcome one way or the other.

[Kathlyn and Tim 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.

I believe that the wife would have to leave to go to the Country of her origin even if the couple stays married. she would have to apply with Immigration for her visa to make herself have a legal status in the U.S. Deportation would more then likely take effect due to her illegal status in the States.

[D & M 0]

Why would the immigrant have to go back to his/her country of origin if he/she already has his/her green card? The immigrant didn't cross the border illegally.

And this isn't about a fake marriage. It's a real marriage. The husband and wife are very much in love, and everything immigration-wise was done according to all the rules. The US citizen loves the spouse and vice-versa Very much.

This is just about...say...tying up a loose end from the past. Evening the score so that the US citizen can get over something that happened a loooong time ago, that the US citizen just found out about.

[diadromous mermaid 36]

The ICE agent is not the individual adjudicating an alien's petition. ICE is a separate agency. Do you mean that the USC is having an affair with an USCIS Adjudications Officer? Why would that matter?

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?

[diadromous mermaid 36]

I am just popping on to this post to clear up some very critical and very inappropriate references, for posterity.

I believe that the wife would have to leave to go to the Country of her origin even if the couple stays married. she would have to apply with Immigration for her visa to make herself have a legal status in the U.S. Deportation would more then likely take effect due to her illegal status in the States.

No not true. If the alien already has PR (permanent residency, whether conditional or not) her right to remain in the USA has already been decided. Furthermore, there is no visa required. A "visa" is not the equivalent of "status". A visa enables an alien to enter the USA. Status is the permission to remain in the USA for a period of time and is the result of an alien securing a visa and registering an intention to become a legal permanent resident.

There is no illegal status in the USA, just due to a divorce, unless that divorce occured before the alien was successful in adjusting his or her status from that of a non-immigrant to that of a legal permanent resident. Please let's not conjecture, especially if you are not sure of your answers.

[rrobin 2]

Why would the immigrant have to go back to his/her country of origin if he/she already has his/her green card? The immigrant didn't cross the border illegally.

And this isn't about a fake marriage. It's a real marriage. The husband and wife are very much in love, and everything immigration-wise was done according to all the rules. The US citizen loves the spouse and vice-versa Very much.

This is just about...say...tying up a loose end from the past. Evening the score so that the US citizen can get over something that happened a loooong time ago, that the US citizen just found out about.

The cheating itself can't be the reason for denial. The requirement for a good moral character comes up only for the citizenship phase. Even then it was the USC who cheated so I don't think LPR will have any problems due the act of cheating itself.

The USCIS however may argue the authenticity of their marriage because of this extramarital affair. The devil is in the details here. It all depends how much and what exactly USCIS knows about the cheating and what kind of explanation the couple has got for it. For instance, if cheating happened within let's say first 6 months of the marriage, USCIS may suspect that the couple entered into the relationship for immigration purposes.

Edited February 15, 2009 by rrobin

[D & M 0]

Why would the immigrant have to go back to his/her country of origin if he/she already has his/her green card? The immigrant didn't cross the border illegally.

And this isn't about a fake marriage. It's a real marriage. The husband and wife are very much in love, and everything immigration-wise was done according to all the rules. The US citizen loves the spouse and vice-versa Very much.

This is just about...say...tying up a loose end from the past. Evening the score so that the US citizen can get over something that happened a loooong time ago, that the US citizen just found out about.

The cheating itself can't be the reason for denial. The requirement for a good moral character comes up only for the citizenship phase. Even then it was the USC who cheated so I don't think LPR will have any problems due the act of cheating itself.

The USCIS however may argue the authenticity of their marriage because of this extramarital affair. The devil is in the details here. It all depends how much and what exactly USCIS knows about the cheating and what kind of explanation the couple has got for it. For instance, if cheating happened within let's say first 6 months of the marriage, USCIS may suspect that the couple entered into the relationship for immigration purposes.

Very interesting. Thanks for your answers. So, if the cheating was only for the purpose of "righting a wrong" that the LPR did to the USC Years and years ago that the USC just found out about (that reason alone), and it was over a year and a half into the marriage, both of them being loyal in the marriage up until that point, and after that point, then what kind of an issue might that be, if, say it was a married USCIS adjudicator that the USC cheated with?

[3600rs 24]

I am really confused by the poster who sometimes answers his own questions adding more to the confusion. About cheating: If the USC can get the marriage annulled because of a cheating spouse, family courts decide that fraud/cheating did occur and declare the marriage void, then yes I think the green card can be terminated by the CIS. I am not too sure since I read a posting a long time back somewhere on the same lines.

Correct me if I am wrong. Did I understand the posters question?

Edited February 15, 2009 by 3600rs

[M. 0]

Contrary to what some of the above posters intimated, "family court," which in most states is just regular old state district court, doesn't care about cheating either. Even the few remaining states that still have "grounds" really don't wan't to get involved. Why would they? It's a court of law, not Maury Povich. That goes double for USCIS, which doesn't deal in family law. Cheating certainly isn't guaranteed to affect the outcome one way or the other.

Wait, what state's family court do you practice in? In mine, adultery is not only a cause of action that must be proved in court if one is to use it as a grounds for divorce, but can have ramifications in the divorce proceedings if it's an alimony case. The Jim McGreevey case is an example of this, but I've seen worse.

[rrobin 2]

I am really confused by the poster who sometimes answers his own questions adding more to the confusion. About cheating: If the USC can get the marriage annulled because of a cheating spouse, family courts decide that fraud/cheating did occur and declare the marriage void, then yes I think the green card can be terminated by the CIS. I am not too sure since I read a posting a long time back somewhere on the same lines.

Correct me if I am wrong. Did I understand the posters question?

Yes it is a bit confusing but what I am getting from the OP is that USC is the one who cheated, while LPR's stint happened way before marriage.

[diadromous mermaid 36]

There are many very legitimate marriages where the parties take other lovers; however unconventional it might appear it does not indicate that the alien's primary motivation entering this marriage with the USC was for immigration benefit alone. That is the sole criteria used to determine that the marriage was not bonafide.

Why would the immigrant have to go back to his/her country of origin if he/she already has his/her green card? The immigrant didn't cross the border illegally.

And this isn't about a fake marriage. It's a real marriage. The husband and wife are very much in love, and everything immigration-wise was done according to all the rules. The US citizen loves the spouse and vice-versa Very much.

This is just about...say...tying up a loose end from the past. Evening the score so that the US citizen can get over something that happened a loooong time ago, that the US citizen just found out about.

The cheating itself can't be the reason for denial. The requirement for a good moral character comes up only for the citizenship phase. Even then it was the USC who cheated so I don't think LPR will have any problems due the act of cheating itself.

The USCIS however may argue the authenticity of their marriage because of this extramarital affair. The devil is in the details here. It all depends how much and what exactly USCIS knows about the cheating and what kind of explanation the couple has got for it. For instance, if cheating happened within let's say first 6 months of the marriage, USCIS may suspect that the couple entered into the relationship for immigration purposes.

Very interesting. Thanks for your answers. So, if the cheating was only for the purpose of "righting a wrong" that the LPR did to the USC Years and years ago that the USC just found out about (that reason alone), and it was over a year and a half into the marriage, both of them being loyal in the marriage up until that point, and after that point, then what kind of an issue might that be, if, say it was a married USCIS adjudicator that the USC cheated with?

[D & M 0]

There are many very legitimate marriages where the parties take other lovers; however unconventional it might appear it does not indicate that the alien's primary motivation entering this marriage with the USC was for immigration benefit alone. That is the sole criteria used to determine that the marriage was not bonafide.

See, this is exactly what I wanted to know. You understood what I was saying exactly, and your answer seems very logical.

Yes it is a bit confusing but what I am getting from the OP is that USC is the one who cheated, while LPR's stint happened way before marriage.

Precisely, rrobin.

[mbmw 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.

HAHA, This is a priceless post,

Whenever someone starts with "this is NOT IN REGARD TO ME" In bold, you know it's a good one, and for sure not Hypothetical. Good luck

[D & M 0]

HAHA, This is a priceless post,

Whenever someone starts with "this is NOT IN REGARD TO ME" In bold, you know it's a good one, and for sure not Hypothetical. Good luck

WEEELLL, in this case it is totally hypothetical.

[D & M 0]

HAHA, This is a priceless post,

Whenever someone starts with "this is NOT IN REGARD TO ME" In bold, you know it's a good one, and for sure not Hypothetical. Good luck

WEEELLL, in this case it is totally hypothetical.

I am very interested in the intricacies of immigration law.