See the full attorney answers on the linked page.

Will Divorce due to adultery affect chances of getting a green card through a second marriage

Anonymous Jul 6, 2015 Divorce 5 views 4 answers

If I am married and commit adultery before getting a green card, and am then divorced, will having my first marriage end due to adultery affect my chances of getting a green card if I remarry right away?

Attorney Answers

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed · Jun 15, 2026

It should not affect your ability to qualify for a new green card, based on second marriage, unless USCIS denied your first green card with the allegations of marriage fraud. We have had several cases where we were able to overcome sections 204 allegations and obtain a green card, based on second marriage. You need a qualified and highly experienced attorney to advise you on these matters.

0 upvotes

Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL

Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL · Jun 15, 2026

Well, in my opinion an allegation of infidelity does not invalidate a bona fide marriage, however, the legal foundation to adjust the status to an LPR status dispels with an effected divorce from a USC. Now, if one remarries right away, the burden of proof must be met with all bona fide components for any AOS.

0 upvotes

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Jun 15, 2026

Not unless the adultery was also accompanied by marriage fraud.

0 upvotes

Morrie Nourian

Morrie Nourian · Jun 15, 2026

not by itself, but it may be considered during your next application for adjustment if it can be used or shown to have affected the bona fides of your marriage through which a petition was filed.

0 upvotes