Harassment 2nd Physical Contact

[ahlm 0]

Hey everyone,

I have a 2 years Green Card will expire soon, things between me and my wife is not good.

I have been in jail for 1 night and i got a Harassment 2nd Phy Contact. ( they told me my name will be clear in 6 months )

My question is : What is gonna happen to me when applying for a 10 years GC ? if nothing gonna happen, then what about the Citizenship ?

Thanks

[Ban Hammer 13,344]

moved from general polls to changes forum.

[maliciant 7]

http://www.newyorkcriminallawyerblog.com/2...nd_degre_1.html

That article (based in new york) makes it sound like no big deal, it's not even a crime, it's spitting on a sidewalk or playing music too loud kind of offense... that said obviously it won't help the marriage any but I don't think it'll have any impact on immigration itself.

[JimVaPhuong 4,863]

Hey everyone,

I have a 2 years Green Card will expire soon, things between me and my wife is not good.

I have been in jail for 1 night and i got a Harassment 2nd Phy Contact. ( they told me my name will be clear in 6 months )

My question is : What is gonna happen to me when applying for a 10 years GC ? if nothing gonna happen, then what about the Citizenship ?

Thanks

maybe you should just go back where you came from? it seems the green card is more important to you than the wife, and that is not what K1 visas are for.

you cannot adjust to 10 year card with a history like that, and even if you could, "crimes involving moral turpitude" knocks you out the door in a citizenship application. buy a one way ticket home.

Sounds like he violated a restraining order. It's hard to say if that would be considered a "crime of moral turpitude". We don't know what the restraining order is for. Sometimes, a restraining order is virtually automatic when a divorce is filed, and you can violate it just by walking into the same store where your estranged wife is shopping. The devil is in the details, and the details are what he's going to have to provide if he decides to self-petition for removal of conditions.

ahlm, you're going to have to give us a lot more info before we can offer any advice. Why is there is restraining order against you? How, exactly, did you violate the restraining order? Have you been accused of spousal abuse? If so, is there is a charge pending against you for this?

If you're still married, then you're not going to get a 10 year green card unless your wife supports your application (unless you are accusing HER of spousal abuse). Otherwise, you're going to need a final divorce before you can apply.

[Rings 10]

Did you pay a fine when you went to jail? If you paid over $500.00 then you will need to report it on your removal of conditions and provide the police reports and everything. It may or may not affect your removal of conditions based ont he offense but they will definately look at it and if you fail to report it then you will be in big trouble.

[Minya's wife 25]

Hey everyone,

I have a 2 years Green Card will expire soon, things between me and my wife is not good.

I have been in jail for 1 night and i got a Harassment 2nd Phy Contact which is not a CRIME. ( they told me my name will be clear in 6 months )

My question is : What is gonna happen to me when applying for a 10 years GC ? if nothing gonna happen, then what about the Citizenship ?

Thanks

Wait, 2nd physical contact implies there was a first at some point? Does this men you had 'physical contact' once, were told not to do it again, and now you've gone and done it a 2nd time?

Your record may be clear in 6 months provided you don't re-offend. This may be something you would have to declare at removing conditions, or at the citizenship stage.

[ahlm 0]

Thanks guys for the replies, right now me and my wife are trying to make this marriage work, as she said to me she will never divorce me ( cause she loves me ) which is mean that she will support my application for the 10 GC and for the citizenship.., and i am not going anywhere even when i am not happy with her, i did my search about the Harassment 2nd P.Contact is not a crime so i think i am fine with the immigration as long as i am still married with my wife.

is that correct, that is the question ?

Thanks again

Edited September 17, 2009 by ahlm

[ahlm 0]

Thanks guys for the replies, i did not pay any money when i was in the court and this is the first time i have been in the jail ( 1 night ) right now me and my wife are trying to make this marriage work, as she said to me she will never divorce me ( cause she loves me ) which is mean that she will support my application for the 10 GC and for the citizenship.., and i am not going anywhere even when i am not happy with her, i did my search about the Harassment 2nd P.Contact is not a crime so i think i am fine with the immigration as long as i am still married with my wife.

is that correct, that is the question ?

Thanks again

[one...two...tree 2,762]

Thanks guys for the replies, right now me and my wife are trying to make this marriage work, as she said to me she will never divorce me ( cause she loves me ) which is mean that she will support my application for the 10 GC and for the citizenship.., and i am not going anywhere even when i am not happy with her, i did my search about the Harassment 2nd P.Contact is not a crime so i think i am fine with the immigration as long as i am still married with my wife.

is that correct, that is the question ?

Thanks again

It's certainly not going to help you with immigration. If your wife put a restraining order on you, she'd have to have a pretty good reason. If you want the marriage to work, then get into some counseling and show immigration that you are sincere in your effort to rectify the marriage.

[Rings 10]

You will still have to report the offense on the removal of condtions. Both of them and provide the court documents of that offense. You can still lift conditions if you are married and your wife is with you, but you still have to report the offense (anything but traffic offenses must be reported)

On page 3 of the I-751 Petition to Remove Conditions

An original or court-certified copy of your sentencing record for each incident, and evidence that you completed your sentence, specifically.

A. An original copy of your probation record, or

B. Evidence that you completed an alternative sentencing program, or rehabiliatative sentencing program set aside, seal, expunged, or otherwise removed from your record, submit:

2. An original or court-certified copy of the court order vacating, setting aside, sealing, expunging or otherwise removing the arrest conviction, or

3. An original statement from the court that no record exists of your arrest or conviction.

NOTES: Unless a traffic incident was alcohol or drug related, you do not need to submit documentation for traffic fines and incidents that did not involve an actual arrest if the only penalty was a fine of less than $500.00 and or points on your drivers license.

[Justine+David 218]

Just to clarify....

- you've physically abused wife?

- she's got a restraining order out on you?

- yet, she'll still support you on your application for a 10 year greencard and loves you?

"If" the answers are 'yes' to all of the above, then....

it sounds like you both deserve each other

This isn't fair to say about the wife. Many women who are in domestic violence cases are beaten down and broken and it's very common that they keep going back to the ones that hurt them. My aunt was beaten by her husband (both USC, nothing to do with immigration) and only left when he started hurting her son. Battered women feel that they deserve such treatment.

[TayRivers 4]

Posts containing personal attacks have been removed. The OP has not asked you to judge his marriage or comment on his actions in that marriage.

If you do not have immigration advice to give the OP them DON"T Post.

Tay

VJ Moderation Team

[TayRivers 4]

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Your replies reaffirm my perception that you dont like me as a immigrant came to this earth for just a stupid GC and how sad that you have no idea what is going on in my Marriage !!! residency status is not what i am looking for, I am looking for someone to love me and care about me I did not know that my wife has a mental disability and taking medicine..!!! No body told me that before ( her mom and dad ) She can kill me anytime and she has been at the hospital many time trying to kill herself.

what happened that day is she called the cops on me for no reason just because i don't wanna go to the cinema with her and her friend ( i am death serious ).

when the cops came she showed them her arms and told them that i beat her which is lie ( she always beats herself and trying to kill herself - i still have all the records from the hospital ) so she lied then, the cops did not listen to me and they took me to the jail, after a 1 hour she comes to the police station and she told them that she is sorry and she did a big mistake by telling the cops the lie.., the cops told her its too late now and I have to stay till tomorrow to see the judge.

the jugde told me that i have a harassment 2nd physical contact which is mean i have to stay away from her : no contact, no emails, no phone calls, no letter, ect..

I did not pay any fee or anything i went to my friend s house. The same day because she was mad at the judge ( what she did is a crazy thing she crashed my car, i still have the police rapport ) they took her to the hospital but she was fine and of course we lost the car ( big accident ), she was calling my cell phone a million times but i was scared i could not answer her .., just a friend who told me about the accident !!!

I had to stay with my friend for almost a week because I was waiting for my court date.., finally the judge told me that I am fine and I can come back to my wife but I have to make sure nobody will call the cops on me in 6 months.

I am back home now with my wife but I still scared because she may call the cops on me anytime, as I said she has a mental disability , she is beating almost everyday for no reason ( I am death serious ) and I have marks all over my body and I have pictures.

All her friends know that she is not normal and they cant believe that she is married they keep telling me that I should be careful !!!! I came to America because I love her not because of the GC but I can see that I am not lucky..!!! that is my story !!!!

So now I know that I have to answer the question number 7 – Part 3. Additional Information About You in the form I-751.

Of course my answer will be YES which is mean I have to provide a detailed explanation.

My 2 years GC will expire soon and what happened to me was last week, my wife wants to help me now but we don't know how ??

Quote contain TOS Vialation have been removed.

Tay

[thongd4me 69]

Thanks guys for the replies, right now me and my wife are trying to make this marriage work, as she said to me she will never divorce me ( cause she loves me ) which is mean that she will support my application for the 10 GC and for the citizenship.., and i am not going anywhere even when i am not happy with her, i did my search about the Harassment 2nd P.Contact is not a crime so i think i am fine with the immigration as long as i am still married with my wife.

is that correct, that is the question ?

Thanks again

Hope things work out for you. You should find VJ members to be supportive, no matter what the question.

Since you joined a day or two ago and your visa journey has been a substantial one, could you

Timeline Create/Edit

and share what you have gone through in the forums if you have that inclination?

The timeline helps to give an understandable context to the posts of members.

Thanks & good luck.

[Justine+David 218]

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Your replies reaffirm my perception that you dont like me as a immigrant came to this earth for just a stupid GC and how sad that you have no idea what is going on in my Marriage !!! residency status is not what i am looking for, I am looking for someone to love me and care about me I did not know that my wife has a mental disability and taking medicine..!!! No body told me that before ( her mom and dad ) She can kill me anytime and she has been at the hospital many time trying to kill herself.

what happened that day is she called the cops on me for no reason just because i don't wanna go to the cinema with her and her friend ( i am death serious ).

when the cops came she showed them her arms and told them that i beat her which is lie ( she always beats herself and trying to kill herself - i still have all the records from the hospital ) so she lied then, the cops did not listen to me and they took me to the jail, after a 1 hour she comes to the police station and she told them that she is sorry and she did a big mistake by telling the cops the lie.., the cops told her its too late now and I have to stay till tomorrow to see the judge.

the jugde told me that i have a harassment 2nd physical contact which is mean i have to stay away from her : no contact, no emails, no phone calls, no letter, ect..

I did not pay any fee or anything i went to my friend s house. The same day because she was mad at the judge ( what she did is a crazy thing she crashed my car, i still have the police rapport ) they took her to the hospital but she was fine and of course we lost the car ( big accident ), she was calling my cell phone a million times but i was scared i could not answer her .., just a friend who told me about the accident !!!

I had to stay with my friend for almost a week because I was waiting for my court date.., finally the judge told me that I am fine and I can come back to my wife but I have to make sure nobody will call the cops on me in 6 months.

I am back home now with my wife but I still scared because she may call the cops on me anytime, as I said she has a mental disability , she is beating almost everyday for no reason ( I am death serious ) and I have marks all over my body and I have pictures.

All her friends know that she is not normal and they cant believe that she is married they keep telling me that I should be careful !!!! I came to America because I love her not because of the GC but I can see that I am not lucky..!!! that is my story !!!!

So now I know that I have to answer the question number 7 – Part 3. Additional Information About You in the form I-751.

Of course my answer will be YES which is mean I have to provide a detailed explanation.

My 2 years GC will expire soon and what happened to me was last week, my wife wants to help me now but we don't know how ??

Quote contain TOS Vialation have been removed.

Tay

What mental disorder does your wife have? It is URGENT (if not done already) for her to seek some help from some mental health professionals. There are many ways to get free help and especially if she is hurting herself and you, she will definitely be qualified. I'm telling you this as a RN (nurse) that has dealt with family members of severe depression, schizophrenia, and bipolar disorders...

If she already has help, it's very important that she take her medications and on time--while being overseen by a health care professional. If you can't afford them, there are government programs to help cover those costs; it's especially as she is causing herself and others harm.

Take care of you and your wife. This is hard stuff . I wish you two all the best.