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Newlife2013

Get arrested by husband while 10 years green card is close - Please help

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I didn't take any anger management or marriage counseling. The case was just dismissed, but in front of the judge. I read your post already. I think your case was better than mine because you settled things down before going to trial. I had to go there, faced with judge, then having the court disposition (dismissal) to give to my attorney. I definitely have to assist my immigration attorney about my case. Yes, this incident taught me so much things. I knew I was stupid for 1 moment, however, I'm glad to see a true face of a person I called "husband" too.

Good luck to your N400. Please let me know if the officer asks you about the arrest when you interview for your citizenship.

Getting your case dismissed is a very good one and you should be very happy about it. You were blessed with a good judge who understood family issues. A lot of them would convict you if they want to because the evidence is there and they can get it if they want to. You have an arrest, being charged and dismissal on your record and always on the record of the FBI. I accepted my Pretrial because they didn't charge me and I didn't plead guilty so I'm technically innocent. If they had charged me then I would have headed to court like you did. Scan a copy of the disposition from the court and save on your email because you will be needing it. We can get angry sometimes and do something silly and i'm glad we learned a lot using our little mistake. Some people learn after they hit their spouse and get a conviction and then be removed. You are just as good as having a clean record but be prepared to defend the situation and for that, that's why you would be needing an attorney. When applying for citizenship, there are more than arrest which USCIS check to determine good moral which also comprise of paying your tax, working hard, living a drug free life and being good generally. People make mistake and they understand that. Your best investment at this time is investing in an immigration attorney. You will get your ROC approved if you don't get a RFE. Go have you some drink and celebrate bcos the worse could have happened.

Naturalization

04/08/2013 - N-400 Mailed

07/22/2013 - N-400 Recommended for approval

08/13/2013 - Oath Ceremony

Officially a US citizen.

08/20/2013 - I-130 for Mom mailed

09/02/2013 - NOA received

03/04/2014 - I-130 Approval

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Filed: Other Country: Thailand
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Getting your case dismissed is a very good one and you should be very happy about it. You were blessed with a good judge who understood family issues. A lot of them would convict you if they want to because the evidence is there and they can get it if they want to. You have an arrest, being charged and dismissal on your record and always on the record of the FBI. I accepted my Pretrial because they didn't charge me and I didn't plead guilty so I'm technically innocent. If they had charged me then I would have headed to court like you did. Scan a copy of the disposition from the court and save on your email because you will be needing it. We can get angry sometimes and do something silly and i'm glad we learned a lot using our little mistake. Some people learn after they hit their spouse and get a conviction and then be removed. You are just as good as having a clean record but be prepared to defend the situation and for that, that's why you would be needing an attorney. When applying for citizenship, there are more than arrest which USCIS check to determine good moral which also comprise of paying your tax, working hard, living a drug free life and being good generally. People make mistake and they understand that. Your best investment at this time is investing in an immigration attorney. You will get your ROC approved if you don't get a RFE. Go have you some drink and celebrate bcos the worse could have happened.

I don't drink :), so maybe I get some strawberry juice to celebrate then. I'm very happy for the dismissal. I hope and pray that my ROC will be approved soon. I will let you know if it happens. Thanks for all your sharing and thoughts. You seem to be a very good and honest man. God bless you and your marriage ! Thanks...

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I'm very happy for you and the way the whole thing went. You have an arrest record for sure but it can be expunged

Doesn't matter if it can be expunged, you still NEED to declare it on immigration paperwork. It never really goes away. You still need to admit you were arrested and provide documents showing what happened (so keep them forever).

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Doesn't matter if it can be expunged, you still NEED to declare it on immigration paperwork. It never really goes away. You still need to admit you were arrested and provide documents showing what happened (so keep them forever).

Yes, I understand. It will be expunged to help with your employment if they asked for criminal record. However, with immigration paperwork, your answer is always YES if you used to get arrested under any outcomes( Guilty, Not guilty, dismissal,etc...)

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Yes, I understand. It will be expunged to help with your employment if they asked for criminal record. However, with immigration paperwork, your answer is always YES if you used to get arrested under any outcomes( Guilty, Not guilty, dismissal,etc...)

Oh yeah, I could have clarified my message. There is nothing like expunge in the eyes of the federal government, FBI. They always will have the record and what really matters the most is the declaration of the arrest when dealing with them. I would scan a copy of the arrest record from the police, court disposal and expungement papers and save in my email incase I loose the original copies.

Naturalization

04/08/2013 - N-400 Mailed

07/22/2013 - N-400 Recommended for approval

08/13/2013 - Oath Ceremony

Officially a US citizen.

08/20/2013 - I-130 for Mom mailed

09/02/2013 - NOA received

03/04/2014 - I-130 Approval

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I don't drink :), so maybe I get some strawberry juice to celebrate then. I'm very happy for the dismissal. I hope and pray that my ROC will be approved soon. I will let you know if it happens. Thanks for all your sharing and thoughts. You seem to be a very good and honest man. God bless you and your marriage ! Thanks...

After my arrest, I felt like I was by myself in this world and I'm sure you felt like that. Please avoid trouble when when trouble comes to you. By seriously, you are in a very good situation. Continue your work and doing good things and living a normal life and you would be fine. Your ROC will be approve I guarantee you unless you didn't send strong evidence and would end up getting a RFE. Good luck and congrats once again.

Naturalization

04/08/2013 - N-400 Mailed

07/22/2013 - N-400 Recommended for approval

08/13/2013 - Oath Ceremony

Officially a US citizen.

08/20/2013 - I-130 for Mom mailed

09/02/2013 - NOA received

03/04/2014 - I-130 Approval

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Sis, I'm also Vietnamese. I'm very very sorry about ur case. It broke my heart to see there is a bad man like ur husband in this world. I got 10 years green card just 2 months ago. I married a Vietnamese guy too (I assume ur husband is Vietnamese?) i never hear a case that the husband is a victim in domestic violence before. Sis, please try to manage ur anger and be calm. (if u can, work only one job and take vacation to release stress). Many people are successful to get 10 years green card after divorce. Divorce is a must with your husband. U will not get deportable, consult with a good immigration attorney. I will be eligible to apply for American citizen two months later, but I'm not sure if I wanna give up Vietnamese citizen. The good thing about this u don't have any child with him yet, and u see his real person soon. Tell the truth to the Judge & lawyer that he hurt u (mentally or violent) many times to have a better side on divorce or interview with USCIS officer later for 10 years green card or citizenship.

I don't think this will have any bad affects on ur career. Care about urself first, don't let urself be in danger. Is ur family in the US or Vietnam?

Edited by LilyAnn
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Sis, I'm also Vietnamese. I'm very very sorry about ur case. It broke my heart to see there is a bad man like ur husband in this world. I got 10 years green card just 2 months ago. I married a Vietnamese guy too (I assume ur husband is Vietnamese?) i never hear a case that the husband is a victim in domestic violence before. Sis, please try to manage ur anger and be calm. (if u can, work only one job and take vacation to release stress). Many people are successful to get 10 years green card after divorce. Divorce is a must with your husband. U will not get deportable, consult with a good immigration attorney. I will be eligible to apply for American citizen two months later, but I'm not sure if I wanna give up Vietnamese citizen. The good thing about this u don't have any child with him yet, and u see his real person soon. Tell the truth to the Judge & lawyer that he hurt u (mentally or violent) many times to have a better side on divorce or interview with USCIS officer later for 10 years green card or citizenship.

I don't think this will have any bad affects on ur career. Care about urself first, don't let urself be in danger. Is ur family in the US or Vietnam?

Hi LilyAnn,

I'm happy to have a Vietnamese girl in this forum with me. Thank you for your sharing. I got married with American guy, not Vietnamese. I used to think that American men were more flexible and caring than Vietnamese men, but I was wrong, or maybe I chose the wrong person. My attorney told me that because my husband knew the law in US, so he got me badly this time. I became a suspect without knowing the law, also becoming a harassing wife while I have been suffered because of him for over 3 years. I just can't believe what he did to me. He used his both hands to squeeze this marriage and I to pieces. I always wish for a happy family forever ever, but now, things turned out like hell.

All the financial problem between us brought us to this point. I never had a chance to go vacation or any places because he has been unemployed, and I worked 2 jobs all the times. After everything is settled down, I should go some places to balance myself. I will go to meet with my immigration attorney today. Hope he/she will give me the best option with my situation.

My parents called me and talked to me a lot. They knew that I have been through the hard time. I just felt so bad because both of them were in shock when they heard the news. They are old and they need my support.

Good luck with your N400. I hope everything goes well with your life. I must restart my life by my own, and hope things change for me soon. I pray every day, so God can hear my prayers and help me.

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Filed: Timeline

Is ur husband young or old, sis? My husband is 10 years older than I'm. I'm surprised to know that american guy is mean to asian wife. Most of american men love asian wife much more than asian husband...I had a lot of problems/stress with my husband and his family before. We r ok now. I let my husband do most things he wants. does ur husband agree for a divorce? I and my husband thought about the divorce before, finally my husband decided he wanna continue living with me. I'm sure u can get married with a better man later (try Vietnamese guy this time). sis, u mentioned ur husband took a lot of money out of joint account, do u know what he used the money for? I pray that god will be with u all the time.

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Is ur husband young or old, sis? My husband is 10 years older than I'm. I'm surprised to know that american guy is mean to asian wife. Most of american men love asian wife much more than asian husband...I had a lot of problems/stress with my husband and his family before. We r ok now. I let my husband do most things he wants. does ur husband agree for a divorce? I and my husband thought about the divorce before, finally my husband decided he wanna continue living with me. I'm sure u can get married with a better man later (try Vietnamese guy this time). sis, u mentioned ur husband took a lot of money out of joint account, do u know what he used the money for? I pray that god will be with u all the time.

He's 12 years older than me. He was good to me at the beginning, but since I recognized that he didn't like working and wanted to stay home most of the times, then the conflict between us is bigger. He didn't want to get the divorce, but I know in my heart that divorce is the must now. I can't live with him while there are so much things going bad and can't be fixed between us. I'm very sad and depressed now. He used the money in the joint account to buy his food or gambling. I covered it up for him most of the times with my family. This time, he really crossed the line when calling the police and putting me in jail. I don't know why he can live like this. I wanted to lead him to the right way, but he's selfish and think for himself than a family.

I know no couple is an ideal. Each couple has different troubles. However, our problems are too bad to be fixed. Such a painful truth!

I wish you the best with your life and your marriage. Thanks for sharing with me.

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I just let you know that I got approval for the 10 years green card. Woohoo !!!!!
Congratulations, si man! :)

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Congratulation sis. :dance: the next step for u is applying for American citizenship. Since u got 10 years green card now, u r not afraid of ur husband or get deported. U r safe, sis. U mentioned ur husband does not want the divorce, do u think u will wait couple months? It is better not to get divorced right away after getting 10 years green card. God answered ur prayer. From now on, don't be stressed sis. Live and enjoy life. I came back Vietnam in December 2012 for a month with my husband, and I'm planning to go back Vietnam again in July 2013 with my sis. Did u or will u come back Vietnam?

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well, I dont know the rest but I got arrested when I applied the green card the first time. I had a case. The immigration officer said she is going to approve my case but she needs to see the disposition of the criminal court. So everything has to be clean before they can decide. If I were you I would hire good criminal attorney and immigration attorney.

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