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  • Delicate matter

    Married to a USC in 2005. Case has been pending since. Just recently file a mandamus suit against USCIS. Well, just found out now that USC wife has been cheating for quite some time. Am contemplating separation for a while. Would this hurt my case in any ways or reinforce it due to fact that she was unfaithfull?

  • #2
    Married to a USC in 2005. Case has been pending since. Just recently file a mandamus suit against USCIS. Well, just found out now that USC wife has been cheating for quite some time. Am contemplating separation for a while. Would this hurt my case in any ways or reinforce it due to fact that she was unfaithfull?

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    • #3
      Well, what is the purpose of the marriage: to be married and be happy in that marriage, or to be be married so that you can immigrate to America?

      If it was the former purpose, then you wouldn't be on here asking this question.

      Given that it appears to be the latter purpose, then you're in a more difficult situation.

      Your upcoming interview at USCIS (whenever it is) should be quite interesting, I'm sure.

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      • #4
        Well, the purpose is to be married, be happy and immigrate to america. It's all part of the same package.
        Now the question is that you're not happy on your marriage anymore after 5 years because of what your spouse did, should you b taking all the blame only because ur the immigrant?
        And by the way I am eagerly awaiting my interview (whenever it is).
        Interesting? maybe, maybe not all I know is that I have nothing to hide

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        • #5
          Yes, if you are separated, then your application will be denied. Why hasn't USCIS made a decision? Is it before the fraud division?

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          • #6
            I thought so. Thanks 4 ur answer.
            I was told during these 5 years that my case was/is under supervisor review, whatever that means.
            It very well may be b4 fraud dept but I couldn't confirm.
            Also I only had biometrics taken once back in 2005, probably not relevant at all.

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            • #7
              5 years? Wow, maybe they lost it. Or are there national security issues with you?

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              • #8
                Maybe, at this point it's all speculation. I have no idea what is happening.
                I even took them to court, file a mandamus to compel uscis to do their job but this is not even working (at least not yet).
                The deadline to answer the court has passed but it is still SILENCE.
                Anyways, I dont think there are any national secutrity issues with me as I was contracted by the NAVY at one point in time.

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                • #9
                  your AOS will be denied.. If you have proof you can file WAVA. your case is under supervision means USCIS know that you are not living together. Sure your AOS will be denied but if you file self petition and your marriage was entered in good faith then it will approved and you still get adjustment.
                  If you have kids then case had good chances..
                  Its a discussion, not a legal advise..

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