Divorce But have Kids

lynbetz

New Member
I recently married my husband in april 2009 and we have a baby on the way due in december 2010 and we live in the US tennessee, he has been cheating on me and i am from scotland in the UK originally, if i file for divorce will i have to leave the US? We have a son on the way and i couldn't bare to seperate him from his father or be seperated from my son, i have a permanent resident card which will be renewed in 2012
 
You don't have to stay in this marriage, if the reason for divorce will be based on infidelity, you will be able to get a waiver and be able to remove conditions on your permanent residence in 2012.
 
It should be the basis of a divorce filing and will be a part of the divorce decree. There is always a reason for divorce in the decree mostly it's marriage being irretrievably broken or infidelity or abuse.
 
All she has to prove at the I -751 interview to remove conditions on her permanent residence is that the marriage was not entered into to evade immigration laws of US. She is from UK not from a third world country where USCIS is more suspicious of marriage fraud, additionally she has children to prove that this was not a sham marriage.
 
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