Husband Got Arrested

[chispas 0]

Question,..

I'm being told by other people from his country and also here in the U.S. that I need to notify immigration of the situation.

I'm wondering what good that would do. From what I see, immigration just chalks up these situations to "I told you so letters".

He is here for the 2 years at the minimum (until he needs to adjust from the CR-1) and I'm sure he will find a way to turn everything around to make me out to be the bad person. Thank god his friends and family back home know how he was treating me.

Anyway, my question is,...if I notify immigration, how is that going to help me? I'm a live and learn type of person,...but if my not telling them will harm me legally or financially somehow....well, that I'd want to know about.

Leedah

Do not hesitate to notify immigration and make sure what you submit is notarized and that you save copies. If you have police reports and such, submit them. Unfortunately your husband will have tons of free support and sympathetic ears to listen to him. He can also get a free lawyer and social worker to represent him at "whatever" hearing he may have. :You as the USC? None of that is available without paying for it. I was afraid of being called a bad person only to be called a stupid b**** later on followed by the most hurtful insults I have ever tolerated in my life. So bad person is a minor issue right now.

Immigration might not care and the officer reading your case might just thumb his nose at you and laugh. Who cares? But there are steps you should take and they are in place for a reason. As for the financial harm, I don't know how your state handles it, but he is less a financial liability now than he will be in the future.

OK, I'm finished. Whew! Sorry, I didn't expect to unload like that, but I just felt a fear rise up in me to think that you might unnecessarily go through some of what I've felt and learned. You're doing well in asking questions in advance so please don't stop seeking help. Hugs

[Nlove 0]

That little video had me rolling in laugher.

if it was JUST a stupid argument how come they have an assault charge on him? They do not arrest someone for just using arguing like that for assault

If he is charged with Felony Assault

Then it is much more than just an argument........

[KristinL 0]

Question,..

I'm being told by other people from his country and also here in the U.S. that I need to notify immigration of the situation.

I'm wondering what good that would do. From what I see, immigration just chalks up these situations to "I told you so letters".

He is here for the 2 years at the minimum (until he needs to adjust from the CR-1) and I'm sure he will find a way to turn everything around to make me out to be the bad person. Thank god his friends and family back home know how he was treating me.

Anyway, my question is,...if I notify immigration, how is that going to help me? I'm a live and learn type of person,...but if my not telling them will harm me legally or financially somehow....well, that I'd want to know about.

Leedah

Do not hesitate to notify immigration and make sure what you submit is notarized and that you save copies. If you have police reports and such, submit them. Unfortunately your husband will have tons of free support and sympathetic ears to listen to him. He can also get a free lawyer and social worker to represent him at "whatever" hearing he may have. :You as the USC? None of that is available without paying for it. I was afraid of being called a bad person only to be called a stupid b**** later on followed by the most hurtful insults I have ever tolerated in my life. So bad person is a minor issue right now.

Immigration might not care and the officer reading your case might just thumb his nose at you and laugh. Who cares? But there are steps you should take and they are in place for a reason. As for the financial harm, I don't know how your state handles it, but he is less a financial liability now than he will be in the future.

OK, I'm finished. Whew! Sorry, I didn't expect to unload like that, but I just felt a fear rise up in me to think that you might unnecessarily go through some of what I've felt and learned. You're doing well in asking questions in advance so please don't stop seeking help. Hugs

Thats great advice. Leedah, I'm so sorry this is happening to you. You might try to talk to a Battered Women's shelter or hotline. It looks like you are in Atlanta, and I imagine this is not the first such case. They might have some guidance for how to file a divorce and free yourself of financial obligations. They might be able to help you afford a lawyer, or obtain pro-bono legal services. Many areas

Filing a police report/pressing charges & speaking to immigration will help to protect you, as it shows you are making your best effort. Immigration might be able to help you understand the legality of divorcing him as a felon, etc. I don't imagine that anything negative will happen to you if you talk to them to at least get some answers. Best wishes.

[Leedah 22]

Well, his green card came in the mail yesterday. Not that he needs it since he's still sitting at the cousins house all day while everyone else in the place goes to work. Tsk Tsk.

I called immigration and have an info pass appointment next week.

We'll see what happens.

Peace all.

P.S. I had initially wrote a statement requesting to dismiss the charges. This was BEFORE I woke up and realized that he was actually abusive and it wasn't a "little argument".

Anyone know how that would affect the case?

[franklie 0]

Question,..

I'm being told by other people from his country and also here in the U.S. that I need to notify immigration of the situation.

I'm wondering what good that would do. From what I see, immigration just chalks up these situations to "I told you so letters".

He is here for the 2 years at the minimum (until he needs to adjust from the CR-1) and I'm sure he will find a way to turn everything around to make me out to be the bad person. Thank god his friends and family back home know how he was treating me.

Anyway, my question is,...if I notify immigration, how is that going to help me? I'm a live and learn type of person,...but if my not telling them will harm me legally or financially somehow....well, that I'd want to know about.

Leedah

He is out on bond and has conditions to stay away from me with no violent contact. However he is telling me that I can come visit him "whenever I need him". #######??? Also he keeps saying that he doesn't want a divorce and that I am the one that is asking for it. Well, who wouldn't? I realize now that it wasn't a misunderstanding or a stupid argument. It was A.B.U.S.E. I looked up the signs for domestic violence and realized that he had done nearly everything quoted. I saw the signs but mistakenly attributed them to cultural differences.

Leedah,

Sorry that you are going through a terrible time.

A couple of points to consider:

1. Retain legal counsel for the divorce

2. Do NOT go over to his place even if he says you can. There are 2 reasons: one is your personal safety and two is that he can use the fact that you visited with him to negate the assault charge especially in a 'he said-she said' situation.

WRT to your last post talk to the District Attorney (DA) office. They are the ones that would prosecute the case.

Edited May 8, 2009 by franklie

[Leedah 22]

Hi all.

I haven't posted in awhile. Just taking some time out to recuperate from my case involving my husband's assault.

I have a few questions...

I have filed my divorce case. Husband was served through the sheriff's process server, but he's still refusing to sign any paperwork.

I want to know what happens once the divorce is final. Should I send the order to USCIS to notify them of the divorce or would it be better to let it stay pending until his I-751 has to be filed? We only lived together 4 days when he was arrested and he has not updated his address to show he moved.

I've been told that if I divorce, if he is not convicted of the assault charge or gets a lower charge from the Felony, he could possibly file a waiver and get his conditional visa approved to a permanent residency visa. And I'd still be on the hook for the affidavit of support though we'd be divorced. Not fair.

Also, I've been told that if I waited until his visa is up for removal of conditions and the divorce is still pending, then he can't file a waiver because he's technically not divorced, but also technically not married. Then he would be denied and put into deportation proceedings.

You see my issue.

Anyone been there and done that....and are able to tell me more about it?

Thanks

[TracyTN 237]

Let's clarify the terms first. Permanent residency is not a visa; it's the immigrant's status in the country. Either conditional permanent resident (which he is now) or permanent resident.

You ARE on the hook for the affidavit of support - no way around it, I'm afraid - even divorce. Or unless he has already completed 40 quarters of work in the US.

Once he does have to file to remove conditions on his conditional residency, he will have to prove that he did not evade immigration law to obtain his residency - in other words, he must prove that he didn't marry you just to come to the US. He'll have to do that whether or not you two are still married, are divorced or have a divorce pending. If you believe he entered into the marriage out of the desire for a green card, then I would definitely let USCIS know that. I'm sure you can inform them of that now, but I would also be sure to reiterate that fact when/if he applies to remove conditions. I'm not exactly sure how they keep these things on file when there is not an application pending.

Edited for clarity.

Edited June 24, 2009 by TracyTN

[NArocks 13]

I am thinking that NO he will not be able to lift the conditions. He needs to prove the boiafides of the relationship and as you state he was only with you 4 days in the US. I am preparing my package now and it is a book of joint things together with my husband. If you have anything joint take off his name. PLace a block on your social in case he trys to open things with both his name and yours.

The burden of proof is on him to remove the conditions and not on you. Yes send the letters ( not sure what good they will do ) and as TracyTN stated make sure you do not go to where he is as this could be disatrous and he can start to claim this that and the other. I hope your life is a little better now and wish you the best

[bhajishah 4]

aggravated felony assault usually includeds a weapon. he has been in usa 4 days. wow and you want to keep him. Im sure the proecutor willwant to protect you and push for him to be charged. start writing letters to your attorney to submit to prosecutor and the judge. Need to get that felony charge dropped down to a simple, and he cannot add up too many of them or immigration will say Whoa. Felony hit that another story. They might just deport him after they find out about all this. when he goes to adjust he needs to let immigratin know in writing what happen outcome and what he has learned not to repeat this UNLAWFUl and Unacceptable behavior in our AMERICAN society in which he has vowed to nlot break laws and follow the rules .!!!

[Leedah 22]

Hey askfruitcakelady,

Thanks for your advice.

In this situation, it's a wrap. My husband doesn't admit (atleast not to anyone besides me) that he became violent. That's the main reason that it is going this far.

The prosecutor has said that she will definitely press for the fullest the law will give. We'll see what happens.

Leedah

[Boiler 45,525]

Why do you have spam in your signature?

Just wondering.

[albkos 1]

Sad to be posting here...

My husband was arrested today and has a charge of aggravated assault/felony.

(we got into a stupid argument).

Police took his passport too.

He has no bond as of yet.

Any one know what could happen or if he could be deported? He just got into the U.S.

Why did the police take his passport? Is that legal to take his passport or did he just have it on him at the tim eof arrest?

[Leedah 22]

He got his passport back when he bonded out of jail.

It was just put into his property.

[Anonymous 57 0]

I went through the same exact thing... only it was three years before I was finally able to get out and charge him. I imagine that I can understand how you feel. Call your mom or a close friend to stay with you and help you to get the things done that need to be done. It's impossible to even function in everyday life when this stuff hits the fan, never mind do all of the things that you will need to do to insure your safety from hereon.

Isn't the court ordered protection order a no contact order? I imagine that it would be since this is a felony case. I hope that you are recording and reporting any time he contacts you by mail or phone, or even by telling somebody else to tell you something, because he can and will be charged for it. And yes, you can even report things after they happen, so I suggest that you do it now. Just call the local police office (not 911) and ask to speak to a criminal investigator. They will know about your case.

You can't dismiss the charges, the state is charging him. I talked to our DA and he pretty much expects the victims to attempt to 'drop the charges'. It is actually one of the symptoms of spousal abuse. I wouldn't worry about it too much, just be sure to make it clear that you now realize what has happened to you is a crime and that you are dedicated to seeing that your husband doesn't have a chance to victimize you or anybody else again.

I don't know about the divorce laws in your state, I suggest that you consult a lawyer or, if you can't afford one, contact a victims of domestic violence assistance program, they have people who will help you through your divorce. They probably also deal with a lot of immigrants, legal or not, so they might even be able to give you some immigration related advice.

If you want to get him out of the country, you need to do it now. Call ICE until they finally let you talk to somebody. Do whatever it takes to get him deported NOW because they won't do anything about it once everything has 'settled'. I suggest consulting not one, but multiple lawyers (immigration and family) and see if anyone has successfully handled any cases like this before. Don't wait. Don't let up until it actually happens.

My ex-husband is still here, living off of the credit card that his parents gave him. And yes, he was charged, convicted, and served what was considered to be considerable jail time for his offense. (3 months *laughs*) Don't count on the state to really punish these people, they just slap them on the wrist.

[Leedah 22]

Hey Lauraandfrogger,

question:

you mentioned that you went through the same thing.

Did your husband get charged with a felony? I'm curious because if he was, i wonder if immigration would allow the same thing (letting him stay in the country after the abuse charge).

Also you mentioned about them letting it all go after the dust settles...

he's on a CR-1 conditional resident card. He has to adjust status in 2 years (2011). I'm hoping that they will see that i withdrawed my I-864 at my local uscis office and add it to his file, but who knows with immigration. They "lose" things when its convenient.

It's funny now that I think about it, but their were red flags out of the wazoo BEFORE he came here, but love blinds the head. Sheez. And to think that I thought it was only "cultural differences" and that he would become "civilized" once he got here. Yeah right!