I think my husband may be cheating. He received his green card after we married. It has not been two years yet. I know if we get a divorce he will lose his status. I am wondering if it is possible for him to apply for a work visa while we are still married so he doesn't have to leave. I think he may be trying to do that to avoid having to go back to his country because he fears losing his status. Is this possible?

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Originally Posted by questionsByme

I think my husband may be cheating. He received his green card after we married. It has not been two years yet. I know if we get a divorce he will lose his status. I am wondering if it is possible for him to apply for a work visa while we are still married so he doesn't have to leave. I think he may be trying to do that to avoid having to go back to his country because he fears losing his status. Is this possible?

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Are you asking if he can stay in USA without a green card? The answer is that anyone can stay legally with a valid visa.

He might find this hard to get however as he won't get a work visa while he has a valid green card. If he has strong qualifications and an employer who really wants to keep him, they will be able to work something out.

Quote:

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Originally Posted by questionsByme

I think my husband may be cheating. He received his green card after we married. It has not been two years yet. I know if we get a divorce he will lose his status. I am wondering if it is possible for him to apply for a work visa while we are still married so he doesn't have to leave. I think he may be trying to do that to avoid having to go back to his country because he fears losing his status. Is this possible?

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If you:

• file a divorce.
• do not provide financial documents as per I-864 Affidavit of Support.
• do not go to USCIS interview with him.

Then he will lose his legal status.

The chance to get work visa is slim because most of the quotas have been filled and process to obtain work visa takes a long time. Most employer will not sponsor work visa for those who already have conditional greencards. It won't be easy for him.

What you should do is file a divorce and move on.