Spouse cheated. I am a US citizen. I sponsored her. How do I delay her Citizenship process?

[Johnteller 1]

Thanks all. Really appreciate your time and comments. 

She asked for forgiveness but yet I feel everything is fake. 

Sigh..... 

I really love her. 

[Transborderwife 4,666]

I highly suggest counselling to see what happens.

[Unlockable 7,315]

Like everyone already said. Cheating doesn't mean fraud.

 

Sooner or later she would still be able to obtain citizenship. You can't hold it over her head. And if you feel that you have to then your actions in your marriage is bad also. You should just divorce if you feel that way.

 

You can love someone and not be with them.

[Ebunoluwa 6,136]

Why would you not want her to get citizenship ? Citizenship relieves you of being on the hook for the affidavit of support.
You received good advice, move on or get marriage counseling and don't waste energy on looking for fraud around every corner.
She can get citizenship without you so it should not even be an issue.
If you do happen to stumble on clear evidence of fraud (a written admission of her in an email, text or letter that she married you
for a green card) then you can pursue that at that time but you can't put her on a short leash with citizenship hanging over her head

in a let's wait and see way. That train has left the station and you can't stop it. I am sorry she cheated on you, that sucks.
You have the choice to detach and move on or give her another chance, a choice that will ultimately become clearer to you as time goes on.

[Freedom4evr 6]

3 hours ago, Johnteller said:

Thanks all. Really appreciate your time and comments. 

She asked for forgiveness but yet I feel everything is fake. 

Sigh..... 

I really love her. 

 

Sorry about your situation.

 

You said she cheated on you back home and here. I have a question, was it the same guy or different guy? if it's different guy, maybe you should get out of this relationships asap.

If it's the same guy, you should really consider who she really loves/wants...

 

Few years ago, I was dating a non-Indian girl, who I thought was cheating on me with her coworker ( she wasn't, however she was very touchy touchy)

 it ruined our relationship. The trust was gone. The relationship dragged on for like 13 months. And we broke up. I wish I left the relationship earlier.

 

So remove the emotions, her beauty/looks for a second and think hard about it...

If you can't trust her, move on. 

 

[Chewbacca 18]

But you mentioned that you sponsored her last year, and she still needs to wait 2 years to apply for citizenship. So this means that she has a conditional green card? If you divorce her now, is she still going to able to receive the 10 years green card in one year? I thought that people need to be married for 2 years to remove conditions on a green card. 

[Boiler 45,931]

You do not need to wait 2 years if divorced.

[Meant2B 8]

You've got to decide if you want to take the chance of her getting her papers and leaving or cut your losses and divorce her. She will tell you anything you want to hear to get her greencard, etc. so Are you willing to take the chance is what you need to ask. You can't delay anything. My spouse lied from the beginning I now know and I am stuck with the liar until I get divorced. Just have to admit you were played for a fool and move on.

[DeepInLove 35]

Give her a chance. Sometimes human make mistakes. If she will become faithful in future it will be beneficial for you both. For you as you will not then have to divorce your love, and give half of your hard earned money and property to her, and to pay spousal support as she will be alone here. Who knows she can get a job sooner or not. 

For her it is good as it will give her a chance to make right decisions. One thing is obvious that if you delay her case by divorce, and if she at some later stage apply to sponsor her old love to come join her, she cannot, as USCIS would know how she came here and separated. 

I would say, just listen to your heart, and have a talk with her, what she wants, if she does not want a divorce, just give her another chance. Love her, and respect her, give her time, and tell her this will not be acceptable anymore.

[bunkx 25]

Correct me if I'm wrong but sounds like she's a conditional resident. In the case of a divorce, isn't there some sort of hearing to decide if she will be granted permanent residency? Would it be possible perhaps to get out of the affidavit of support during this hearing, seeing as though the immigrant spouse cheated and this is the main reason for the divorce. I doubt that she wouldn't be given permanent residence, since she entered the marriage in good faith initially, but you might be able to get yourself off the hook in terms of the affidavit. 

 

If you can't get out of the affidavit, she could stay as an LPR and stay on the affidavit for up to 10 years. So watch out for that... You might want to make her get citizenship asap to get out of the contract...

 

But this is the worst case scenario, marriage is not something you should dismiss as casually as a college relationship. Maybe there still is something to hold on to. Try counseling.

 

Best of luck, my sympathies!

[Patient 57]

11 hours ago, Johnteller said:

A friend of mine advised me to notify USCIS as marriage fraud where wife didn't commit to relationship with good faith. 

Do you think that's possible? 

I am trying to work things out. 

A friend ,,,, a lawyer? How do you know she did not commit in good faith and it was your behaviour which caused her to seek more than just "cry on a shoulder."

 

Go to counselling, if it does not work, split.

 

You will learn for next time and as with all marriages arranged or not, divorce = claim on your assets so do not be silly and angry as it could be a bad settlement for you if the "anger" stays.

 

 

 

 

[Penguin_ie 5,996]

6 hours ago, bunkx said:

Correct me if I'm wrong but sounds like she's a conditional resident. In the case of a divorce, isn't there some sort of hearing to decide if she will be granted permanent residency? Would it be possible perhaps to get out of the affidavit of support during this hearing, seeing as though the immigrant spouse cheated and this is the main reason for the divorce.

 

You are wrong.  Removal of Condition with a divorce waiver is usually granted, because it depends on the marriage being entered into in good faith, and it looks like this one was. Cheating does not remove the sponsor's obligation under the Affadavit of Support; the only things that do are death, gaining US citizenship, or loosing the greencard..

[bunkx 25]

1 hour ago, Penguin_ie said:

 

You are wrong.  Removal of Condition with a divorce waiver is usually granted, because it depends on the marriage being entered into in good faith, and it looks like this one was. Cheating does not remove the sponsor's obligation under the Affadavit of Support; the only things that do are death, gaining US citizenship, or loosing the greencard..

 

Well then I'm not wrong, am I? I didn't say her ROC would be denied. I do realize she will most likely be granted permanent residence. I just said the ROC will be discussed in a certain setting and maybe they can make a case for the Affidavit of Support. I'm not sure if that's possible but might be worth looking into. The Affidavit of Support also ends after the immigrant has worked for 10 years, but it would be a rather douchy move for her to delay applying for naturalization just to get the little money that would keep her off food stamps...

[Cadence 20]

No, Penguin is still right. Why do you think her ROC will be discussed in a "certain setting"? Unless a specific set of circumstances occur, it'll be the same as any other ROC with a divorce waiver - in front of an adjudicating officer. 

Edited January 25, 2017 by Cadence

[bunkx 25]

1 minute ago, Cadence said:

No, Penguin is still right.

 

We're saying the same thing about her ROC. All I added was "it might be worth looking into" - Regardless, this is going on a tangent and isn't helping the actual person.