Can a husband stop a wife from getting her permanent residency due to adultery? 14 Answers as of February 06, 2012

It depends on whether the accusations are true since marriage is a contract, he can claim a breach of contract and allege that she did not enter into the marriage in good faith, etc. However, a marriage is considered to have been a good faith marriage if it lasts over 2 years and I understand your friend has been married for 3 at least. In my opinion, I see nothing that will stop your friend from getting her green card if she has already applied for it, unless her husband can come up with some strong evidence negating a good faith marriage. If it is true that he has the photos in question, then I think he can make a very strong case for a rescission of the marriage contract altogether.

The answer depends upon what stage in the process the permanent residency request is at. If the application has yet to be filed or is pending, the husband can refuse to file or withdraw his petition. The husband can try to prove his wife cheated, but the issue for USCIS to determine is whether they entered into a bona fide marriage. However, if the individual already received residence and can prove her marriage was bona fide, she may be able to keep her resident status. It is very important that your friend contact an immigration attorney immediately to explore her options. She may be able to salvage her case.

I wish there were more information in this question. What is the wife's current status? Conditional permanent residency? If so, she may be able to claim these threats as a form of abuse, especially if the claims are false. She would need to see a psychologist or psychiatrist report to document the effects of these threats on her. It also would depend on what the pictures show. As I said, much more details are needed.

That by itself will not stop the process. However, it depends what was filed or what will be filed.

Depending on the stage of the immigration process at which your friends are at this time viability of the marriage or any fault of the spouses do not make the beneficiary ineligible for immigration benefit. Marital problems could be a factor in determining whether the marriage was entered with the sole purpose of procuring immigration benefits. If USCIS determines that the marriage was a sham then both parties may be criminally liable for immigration fraud. Otherwise United States Citizen may request USCIS to withdraw his Immediate Relative petition which may initiate removal proceedings for non U.S. citizen spouse.

If she does not already have a conditional green card and she cheated on her husband such that they are no longer viable, then yes, this can lead to a GC denial. He can also bring it up to DHS if she is filing for her permanent green card. You need a full consult with a competent immigration attorney to really look at the specifics here. If her husband was abusive- physically and emotionally, she can also petition for a GC on her own.

He can create a lot of problems for her, especially if she is within the first two years of her conditional green card. She should find an attorney who will file a VAWA for her so that they take the jealous husband out of the loop and do not depend on him for her status.

Is she has not received her conditional green card, her husband can withdraw his petition and therefore she cannot receive green card. But if she has condition green card, her husband can refuse to file joint petition to remove the condition. She must then file divorce and then file a waiver of the joint petition. If she can prove her marriage is bona fide, her husband cannot get her out of the country.

Generally no, unless there is sufficient evidence of marriage fraud. This sounds like a bad marriage, not a fraudulent marriage.

A permanent residency based on a bona fide marriage can be jeopardized by allegations and/or proofs of adultery. An experienced attorney should be consulted to be able to guide accordingly.