i am a usc and i married a man from africa in apr2004. his conditional status will be up in oct 2006. i recently found out that he is cheating on me. i do not want to sign the I-751. i am confused because i want to divorve him, but if i divorce him does he get to stay?

Cheating alone does not invalidate the bona-fide intent of the marriage, it only makes the marriage non-viable. The fact that the marriage collapsed does not turn it into a sham marriage. INA is law, and as such it can be cold. It contains mechanisms to prevent fraud by aliens and also to prevent citizens from using the law to seek retaliation, such as having a person deported for cheating.
-THIS IS NOT LEGAL ADVICE-

This message has been edited. Last edited by: Houston,

Two questions for you?

Are you African and if you were in Africa will u divorce him and let him marry his concubine?

Have you talked it over with him, what evidence do you have?

sometime our mind plays tricks on us, it always good to try to salvage the ship before jumping into the ocean.

quote:

Originally posted by lovelost:
i recently found out that he is cheating on me. i do not want to sign the I-751. i am confused because i want to divorve him, but if i divorce him does he get to stay?

Then I take it you've already deemed that the marriage is not worthy of, or can't be salvaged? If that is the case, and you don't wish to sign the I751, petition for divorce prior to the filing deadline. That will demonstrate to your husband that he will need to file a waiver once the decree is available.

Signing a joint I751 when the marriage is headed for divorce would simply be prolonging the period for adjudication of his permanent residency privileges, since if the divorce becomes final prior to any approval, he'd be required to replace the jointly signed petition with a waiver anyway.