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Posted
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.

Yep, that's the heart of the matter. It doesn't matter if the marriage is bad, won't last, etc. What matter is whether or not the marriage was entered for the purpose of obtaining immigration benefits.

A "bona fide" marriage as far as immigration is concerned is one which was not entered for the purpose of immigration benefits. It might have been entered into for the wrong reasons (lust, sex, social status, etc.), and it might not be a marriage that will last long. Either or both parties might be jerks who will cheat on each other, fight, yell at each other, manipulate each other, refuse to do household chores, and be generally mean. But if their reasons for entering the marriage were something other than immigration benefits, it's bona fide from an immigration standpoint.

The couple has the burden of proof, though, and there are all kinds of things that can make an investigating officer suspect the marriage might not have been bona fide. Cheating might be one of the factors that could raise some suspicion or call for further questioning or investigation, depending on the broader circumstances and big picture.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: Timeline
Posted

Infidelity is rarely a sufficient ground to annul a marriage. Furthermore, how do you equate infidelity with fraud?

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?

"diaddie mermaid"

You can 'catch' me on here and on FBI.

Filed: Timeline
Posted

So did many people consider that women shouldn't vote in past centuries and still many argued through decades if divorce should be legal...something that do not cause a restriction of freedom, a life/death situation or cause a health issue should not consider a punishment as many other factors that you could consider vital. A broken commitment between two parties is just that.

If you want to punish a cheater, then leave him/her.

Cheating should be a capital offense :angry:
 
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