Divorce - Adultery and Status Changed

[R. Brown 0]

Hello,

I am in the process of filing for divorce from my wife from China.

She already has a green card, but I am having a private investigator

check and confirm that she is one living with another and committing adultery.

My question is if is confirmed that she is having an affair, and can be proven

in court can I have her status revoked or am I out of 6 years of my life?

I feel there is nothing I can do and maybe this is just a stupid question.

Thanks - R

[Karee 4,191]

Hello,

I am in the process of filing for divorce from my wife from China.

She already has a green card, but I am having a private investigator

check and confirm that she is one living with another and committing adultery.

My question is if is confirmed that she is having an affair, and can be proven

in court can I have her status revoked or am I out of 6 years of my life?

I feel there is nothing I can do and maybe this is just a stupid question.

Thanks - R

Nothing you can do related to immigration.

[ScottThuy 140]

Hello,

I am in the process of filing for divorce from my wife from China.

She already has a green card, but I am having a private investigator

check and confirm that she is one living with another and committing adultery.

My question is if is confirmed that she is having an affair, and can be proven

in court can I have her status revoked or am I out of 6 years of my life?

I feel there is nothing I can do and maybe this is just a stupid question.

Thanks - R

Cut your losses and put it behind you. The more money you spend, the more you are losing.

[together4evr 360]

Is adultry a crime that the USCIS considers morally wrong and could affect her citizenship later?

I think it is and if your divorce is signed for reasons of adultry I think it may hurt her in the future but I am not positive.

[rlogan 2,036]

Adultery is not a crime. USCIS "cares" only insofar as the time before she adjusted status, because up to that point they can say that they entered into the marriage in good faith.

[together4evr 360]

• Adultery - Formerly section 101(f)(2) of the Act . Adultery as a mandatory bar to establishing good moral character was repealed by the Act of December 29, 1981. A detailed historical discussion on adultery as it relates to good moral character is contained in Interpretations 316.1(g)(2). Per 8 CFR 316.10(3)(ii) , an extramarital affair which tended to destroy an existing marriage shall preclude a finding of good moral character, unless the applicant establishes extenuating circumstances. If the lawful marriage ceased to be viable and intact before the commission of the adultery, such sexual misconduct without cohabitation does not support a finding of lack of good moral character.

Sounds like sometimes they can use it against people?? Especially if they live in California and she is found to live with her boyfriend.

http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-22380/0-0-0-22999.html

[Penguin_ie 5,996]

If she had the affair through her immigration/ AOS, USCIS may be interested, as it could be argued that she did not have a bonafide marriage. If it started later (since you mention 6 years of your life), nothing you can do.

[R. Brown 0]

Hello Everyone,

Thank you for all your input, but as it was stated by ScottThuy it really does not matter now and 6 years later I doubt they will even care.

[SlimT&R 2]

Yep, adultery is definitely considered by immigration and can cause problems when applying for citizenship. Also abuse.

[JimVaPhuong 4,863]

Yep, adultery is definitely considered by immigration and can cause problems when applying for citizenship. Also abuse.

This is correct. It can be an adverse factor in cases where proving good moral character is required.