Tobyhanna, PA asked in Immigration Law for New Jersey

Q: Do i have to file at Fault divorce vs No Fault if i want to divorce cause adultery happened and ill need to self petitio

i got to married to my husband and we had a child , i also got a temporal green card already. I found out that my husband cheated on me ( i have proof and he is not even contesting it) Do i have to file at Fault divorce vs No Fault if i want to divorce cause adultery happened and ill need to self petition for my permanent green card ? Since my husbend is wiling to sign papers even if it said at fault divorce , so basically it is an uncontested divorce but at fault. I was trying to save cost a file it myself online , but online i only can see an option to file ONLY if it is no fault uncontested divorce , not if it is at fault uncontested . I guess id file no fault one but for the immigration purposes Id need to show the reason and that is my reason for the divorce , so kinda makes no sense to file no fault and then try to proove that there was a fault. I plan to file in NJ. Simply dont want to pay large legal fees if my husbend is ok to sign in amicably to the terms we already agreed. A

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2 Lawyer Answers

A: If your marriage ends in a divorce before your conditional permanent residence (CPR) expires, you should submit an I-751 waiver to the USCIS as soon as your divorce becomes final.

Hector E. Quiroga
PREMIUM
Answered

A: Doesn’t matter what kind of divorce it is for immigration purposes. What is more important is to show that you and your husband married in good faith and not to circumvent immigration laws, even if the marriage failed later on.

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