Does A Cheating Spouse Constitute A Bad Faith Marriage For Immigration Purposes?
When you marry someone from another country, not only will you now begin the immigration process but you also need to adjust to living with your new spouse full time.
Many people don’t realize how difficult it can be to go from a long distance relationship to a 24-hour marriage.
After your new spouse has moved the United States, you may notice some changes in their behavior such as depression, anxiety, and/or excitement. They are going through an emotional roller coaster and huge life changes that need to be dealt with.
If you suspect your spouse is cheating on you and are wondering whether this is grounds for a “bad faith marriage” for immigration purposes – keep reading!
What Constitutes A Good or Bad Faith Marriage To The USCIS?
A good faith marriage just means that you both entered into the marriage honestly and without the sole purpose of immigration benefits.
The evidence needed to show good faith marriage should include financial co-mingling, jointly filed taxes and proof of joint residence.
The amount of evidence you need to provide can vary but you should include as much as you can to show a genuine marriage.
If your non-US Citizen spouse is only in the marriage for immigration benefits, begin to collect as much evidence of this as possible.
Take notes of what they say, emails they send back home and how they treat you after they have moved in with you.
The USCIS takes marriage fraud very seriously, however, they can only take action when you have documented proof of this.
Spouse Cheated On Me, Is This Considered Bad Faith Marriage?
Unfortunately, cheating is not considered marriage fraud to the USCIS.
Unless you have evidence that your spouse was seeing someone in their home country and planned on sponsoring them as soon as they could divorce you – there’s not much you can do.
Many people cheat on their spouses that are not going through immigration so it does not guarantee that your marriage will be perfect.
The difference between a bad faith marriage and an unhappy marriage is the sole intent to receive immigration benefits.
The non-US Citizen must have entered the marriage for the purpose of immigration but this can be very hard to prove.
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