abuse charges

[burningcandle 0]

hey, just wondering what the status is of someone who hasn't had their green card for 2 years, was charged 2 times with Assault and Battery, going through a divorce, and has no records NOW of being on wife's documents. What are his chances of staying? He is not on the lease agreement either. Thanks!!

[wannabe_texan 0]

Has the person adjusted their status (AOS process) or not? For removal of conditions, he would have to have had his conditional GC for 2 years, and be filing the I-751 either with spouse (since they are not divorced yet) or be waiting until the divorce is complete and then filing individually with a waiver. In either scenario, he would need evidence that the marriage was entered into in good faith, and co-mingles finances etc. Criminal charges would make naturalization problematic, but that's a ways down the road. Need further details - for example how did he enter the US, K1 etc so that others more experienced than I, can weigh in on his current status.

Edited January 7, 2009 by wannabe_texan

[burningcandle 0]

He entered thru a K1 Visa. He has 2 Assault and Battery charges, I filed for divorce 6 months ago and it will take place in Feb, he has 2 neglect charges against my kids thru Dept of Children and Families (DSS). I removed my name from all our "joint" documents / banking / etc. He goes for his 2nd interview in July. An immigration lawyer says his situation does NOT look good, but I want to hear from others. I may sound stupid for asking this question, but what does "good faith" mean? I mean don't all couple who marry marry in good faith?

[epiphany00 0]

Sounds to me like that person does not have much of future in the good ol USA. I would think that the charges that have been filed would be in thier record and look at when they have an interview.

[Jasman0717 9]

Sounds to me like that person does not have much of future in the good ol USA. I would think that the charges that have been filed would be in thier record and look at when they have an interview.

[burningcandle 0]

Thanks for your thoughts. But can someone explain "good faith". I heard that this marriage is in "good faith" be/c I flew to africa. Good faith happens to every single married couple out there b/c who knows what the future brings. I mean he did say he would pay me to stay in the states, when we get divorced, but I told him nope. Money isn't the answer to everything.........sanity is! LOL. All I know is I have everything covered, I hope!!

[Chica Yeyé 41]

Thanks for your thoughts. But can someone explain "good faith". I heard that this marriage is in "good faith" be/c I flew to africa. Good faith happens to every single married couple out there b/c who knows what the future brings. I mean he did say he would pay me to stay in the states, when we get divorced, but I told him nope. Money isn't the answer to everything.........sanity is! LOL. All I know is I have everything covered, I hope!!

What difference does it make? You are now divorced, right? Just stay safe.

[diadromous mermaid 36]

Noone that is currently divorced would have joint documents now. One of the critical steps in terminating a marriage is removing parties from jointly-held bank accounts etc.

hey, just wondering what the status is of someone who hasn't had their green card for 2 years, was charged 2 times with Assault and Battery, going through a divorce, and has no records NOW of being on wife's documents. What are his chances of staying? He is not on the lease agreement either. Thanks!!

[burningcandle 0]

We are not divorced yet. We have a court date at the end of February. His 2nd interview is in July. I removed my name from all things we had "jointly".

As for the "who cares" statement? I just want to say, I am more broken hearted that when someone helps out the less fortunate, you heart gets kicked in! Not sure if it ever happened to you, but it hurts. Yes, I will get over it, but why should he stay here when he abused me and my kids?? He's a liar, cheat, and thief. I should have known better when I went to Nigeria and saw everything that happens over there. Anyways, my soon to be ex said he could "sue me" for not supporting him. Is that true to?

[Old Dominion 26]

The contract with the government signed by his sponsor (you?) makes the sponsor financially responsible for him for around ten years. Divorce can't change that contract. However, it gives him no grounds to sue you. Another Nigerian guy is in the process of behaving exactly the same way with a friend of mine but he has not been charged with assault, just ordered to stay away from her....is it in their water over there?

[diadromous mermaid 36]

Good faith means that the alien and the USC entered into the marriage with bonafide intentions to be married, and remain married and did not enter the marriage as a means to evade immigration laws.

Thanks for your thoughts. But can someone explain "good faith". I heard that this marriage is in "good faith" be/c I flew to africa. Good faith happens to every single married couple out there b/c who knows what the future brings. I mean he did say he would pay me to stay in the states, when we get divorced, but I told him nope. Money isn't the answer to everything.........sanity is! LOL. All I know is I have everything covered, I hope!!

[epiphany00 0]

Good Faith...simply means that you entered into the marriage with the intention of being husband and wife and planned on living your lives together as such..without fraudelent means. As far being sued for support, I would guess that would depend upon many different factors, but, the sponsor is the responisble for that person and divorce does not have anything to do with the situation. The sponsor is bound by law to provide financially for the person whom they signed the papers for during the visa process.

Wishing you the best of luck...keep us posted!

[ronjie 0]

We are not divorced yet. We have a court date at the end of February. His 2nd interview is in July. I removed my name from all things we had "jointly".

As for the "who cares" statement? I just want to say, I am more broken hearted that when someone helps out the less fortunate, you heart gets kicked in! Not sure if it ever happened to you, but it hurts. Yes, I will get over it, but why should he stay here when he abused me and my kids?? He's a liar, cheat, and thief. I should have known better when I went to Nigeria and saw everything that happens over there. Anyways, my soon to be ex said he could "sue me" for not supporting him. Is that true to?

your affidavit of support is a contract with the U.S. government. not your soon to be ex-husband. he can not sue you for support, unless he is eligible for alimony. I would try to get his offer of a bribe to stay, documented. either in writing or recorded. I don't think he has strong grounds to stay here in the U.S. unless its in the county jail or state even better. committing certain crimes can be grounds for deportation also.

[burningcandle 0]

I just want to thank everyone for your replies. It's so emotionally draining. Here I am thinking I am doing something good for another human being, but get kicked in the heart. Anyways, I am moving on, thanks for all of your support.

I was actually going to ask for alimony from him when we go to cout, but I think I should hold off on that, correct? Since I am responsible for him for the next 10 years. Now how does THAT work? That means he can come to me and ask for money? Oh hell no!!

So in terms of deportation, how does that work?

I am really sorry for all these questions, but I want to cover my back when the divorce happens and when I go to immigration.

[rika60607 215]

You don't have to give him any money (unless divorce judge says so).

If he stays in the US and gets means tested benefits from the US government (I don't think it's very easy to get tho)

you would be obligated to pay this money back to the US government, eventually.

Who was that human being you were trying to help? I hope you don't mean your husband. If you married a man - I hope you did it for yourself, because you loved him and wanted him in your life. I hope you did not marry the guy to just bring him to the US out of the kindness of your heart. That'd be fraud, you know.

I just want to thank everyone for your replies. It's so emotionally draining. Here I am thinking I am doing something good for another human being, but get kicked in the heart. Anyways, I am moving on, thanks for all of your support.

I was actually going to ask for alimony from him when we go to cout, but I think I should hold off on that, correct? Since I am responsible for him for the next 10 years. Now how does THAT work? That means he can come to me and ask for money? Oh hell no!!

So in terms of deportation, how does that work?

I am really sorry for all these questions, but I want to cover my back when the divorce happens and when I go to immigration.