Extension on a Marriage based visa after Misdemeanor -'Disorderly Conduct'

[professional7 0]

Am European, married to my American wife for 2 years. We both live in US. She has kids. I don't.

One day we got into argument about having more kids because I felt we weren't financially ready.

She shoved me, I shoved back. 15 mins later, she called the cops.

I was arrested and jailed for a day. Results are as follows:

1. disorderly conduct = Convicted

2. Assault 5th degree (fear of bodily harm or death) = State of adjudication i.e. stricken off records after 1 year probation is completed.

She tried to fight the conviction but unsuccessfully.

I am due to apply for stay of extension after 2 years marriage [unconditional marriage stuff] in 5 months after this happened.

I am doing my 2nd Masters. I landed a job that is twice what she makes for the household.

I was working full time [for 2 years] while she was part time so she can get her education up.

I feel the USCIS will have no qualms deporting me. I understand whatever anger you have toward me. I accept it.

Please understand that we are just trying to work things out. Option 2 = deportation to EU. I am considering relocating but my wife is optimistic I will be spared.

She is keen on hiring a lawyer before i apply. I am realistic and convinced that my days in US are numbered.

Any advise or guidance is welcome.

[Darnell 8,479]

I say apply for the removal of conditions case, and see what happens, wait it out inside the USA, working and going to school .

[JayJayH 546]

If you guys separated or divorced, your days in the US would absolutely be over. I am not too confident about a scenario where you remain married and both spouses attempt to fight for lifting of conditions to be approved. Disorderly conduct is generally considered a misdemeanor, and not a deportable offense. Domestic violence normally is. I am sorry that I don't have any better advice or better answer, but I am sure others will add to this.

You should not 'just leave' as the charge would still be on your record either way. File the I-751, consult with a lawyer experienced in I-751 cases, and wait it out in the US.

Edited November 9, 2013 by yang-ja

[Ontarkie 14,510]

~~Thread moved to Removing Conditions on Residency General Discussion, from Adjustment of Status from Family Based Visas - One Comment removed as it adds nothing to the topic. ~~

[Brit Abroad 166]

All couples argue. Sometimes it goes a little further than is ideal. The fact that your wife chose to stay with you and improve your marriage should count for something.

As Darnell says ... apply for RoC. You may be asked some questions, separately or together, regarding the offence but I think you may be worrying needlessly. Best of luck to you both.