Q: My wife commited adultery. I just got my Employment Authorisation card and now she wants a divorce. Can I stay?
My wife and I were together for around a year and a half. She decided she wanted other things out of life. She cheated with my boss (also her boss. Lots of business meetings you know) . When I found out she stopped coming home and basically moved in with this guy. He is now firing me and evicting me. All I want to know is. Can I stay in the USA and continue to attempt to get my green card? Or should I look into other options? There really is nothing left for me in Australia as I have built my new life here now.
Any info would be greatly appreciated
A: Assuming you do not have an approved I-130 you will not be able to complete the process without her. If you do have a conditional green card already then you will be able to remove the condition via an I-751 filed with a waiver. I recommend consulting with an immigration attorney in private so that you can determine your options.
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A:
You have two options, one of which requires your wife’s cooperation. If she is willing to play nice, you could continue on until you got the green card.
If not, you might be eligible to apply for immigration benefits though a self-petition under the Violence Against Women Act. It is for a spouse or minor child of a USC or lawful resident who is a victim of extreme physical or mental cruelty at the hands of the USC/LPR spouse or parent. Certainly an affair could meet the standard. We recommend that you talk with an immigration attorney regarding your case.
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