Texas Laws on Infidelity & Marriage Fraud
- Immigration law allows for certain marital problems without immediate deportation.liberty and flag image by zampa from Fotolia.com
With all of the political conversations in national media concerning immigration and marriage, both infidelity and immigration-related marriage fraud have become sensitive issues. But when infidelity and legal immigration combine--an immigrant enters a marriage with a resident of Texas, and that resident then becomes unfaithful--there are certain laws that determine possible courses of action and outcomes. These laws govern what constitutes marriage fraud in these cases and determine whether the immigrant partner in the marriage will be allowed to continue their residency in the United States. - Texas is a no-fault state. This means is that either member of a married party can file for divorce without allegations or cause other than irreconcilable differences. Infidelity is not needed as grounds for a divorce, and, because of the possible cost in money and time, many lawyers suggest a no-fault divorce as a better and more appropriate route. With a no-fault divorce, there is an equitable division of assets, but with a divorce on the grounds of infidelity, the division of assets may lean toward the person who has remained faithful. In cases of infidelity as a cause for divorce, a Texas judge may divide the assets the way she sees fit. If the immigrant partner has been naturalized, allegations of infidelity may not be needed for divorce. Check with your lawyer before determining the best possible action.
- "Marriage fraud" is any attempt to become a resident of the United States by entering a fraudulent marriage, where the main purpose of the marriage is to gain residency. The Immigration and Naturalization Service (INS) manages marriage cases, and if they find that two partners are not in a "legitimate" marriage, then the immigrating partner can lose their immigration status, can be temporarily or permanently denied residency and can often be deported. Many immigrants worry that if they attempt a divorce when their partner has become unfaithful, they will be deported back to the country from which they emigrated. In the case of infidelity, the marriage is not automatically considered fraudulent, especially when there is proof that the partner who is a U.S. citizen has been unfaithful.
- It takes two years of conditional residence before a legal immigrant can apply for permanent resident status. If, during this time, the U.S. citizen member of a marriage is unfaithful to the immigrant member of the marriage, then the immigrant member may terminate the marriage and request a good faith waiver. A good faith waiver indicates that the marriage was a real marriage and was entered into in good faith by the immigrant partner, but that it now must be ended because of the behavior of one or both partners. An immigrant partner can maintain an independent domicile while undergoing a divorce. Because of the two years of residency required for naturalization, it is important that the immigrant partner seek out other methods of immigration if he wishes to stay in the country and his good faith waiver is denied.
