Should she reveal his arrest!? [merged threads]

[nooha 16]

Hi, everyone, i'm asking on behalf of my dear friend , she came to Usa with CR1, she lived ever since she came with her husband, my friend and her husband they had some problems and difficulties that lead to DV arrest for both, On 2014 when she came he got arrested and she couldn't leave him and divorce and move on, she loves him a lot , she know her right of course , but she preferred to stay and save the marriage, her husband has a very unstable behavior , she was trying her best to help him, this year: 2 months ago,something happened she told him she will call the police he called and they arrested her without charging her, she has no criminal records, when this happened nothing changed they are still living together as wife and husband although the problems.

Now she is trying to remove the condition on her green card filling jointly because she is still married and living normal life with him, she is asking this question: she asked 2 lawyers and she got different answers:

1.In the form 751 there is question asking if you have ever arrested or detained or charged ......... : she should answer yes Right ? and she should submit the paper she got saying no charges

2. she think its not fair!! for Uscis to know somebody(Husband) claimed she beat him, without reveal the whole story and disclose his arrest first , she is asking if its OK to disclose this information or this information about his arrest will makes her application more complicated?

please if somebody knowledgeable know the best answer let us know,

thank you

[rawas 13]

Hi, everyone, i'm asking on behalf of my dear friend , she came to Usa with CR1, she lived ever since she came with her husband, my friend and her husband they had some problems and difficulties that lead to DV arrest for both, On 2014 when she came he got arrested and she couldn't leave him and divorce and move on, she loves him a lot , she know her right of course , but she preferred to stay and save the marriage, her husband has a very unstable behavior , she was trying her best to help him, this year: 2 months ago,something happened she told him she will call the police he called and they arrested her without charging her, she has no criminal records, when this happened nothing changed they are still living together as wife and husband although the problems.

Now she is trying to remove the condition on her green card filling jointly because she is still married and living normal life with him, she is asking this question: she asked 2 lawyers and she got different answers:

1.In the form 751 there is question asking if you have ever arrested or detained or charged ......... : she should answer yes Right ? and she should submit the paper she got saying no charges

2. she think its not fair!! for Uscis to know somebody(Husband) claimed she beat him, without reveal the whole story and disclose his arrest first , she is asking if its OK to disclose this information or this information about his arrest will makes her application more complicated?

please if somebody knowledgeable know the best answer let us know,

thank you

Hi,

1. i think she should answer yes , arrested without charged still she should answer yes

2. if am her i let them know

good luck

[Jayank 2]

There is no best answer, the truth is the only answer. If she is arrested in America then the Federal agency will easily find out even if the record was expunged. Answer truthfully and provide or be ready to produce supporting documents regarding dismissal of the case related to the arrest.

[Ms Niss 0]

for n1 i think yes is correct unswer, for n 2 i dont know if USCIS they check the criminal record of sponsor, if they do & they will found out about his arrest without submit anything about the old story on 2014

[nooha 16]

There is no best answer, the truth is the only answer. If she is arrested in America then the Federal agency will easily find out even if the record was expunged. Answer truthfully and provide or be ready to produce supporting documents regarding dismissal of the case related to the arrest.

thanks , she know she will disclose her arrest that happened last 3 months from now , the post question regarding her husband (sponsor) arrest? he got arrested for DV to his wife , my friend feel sad about her arrest and she doesn't know if she can explain more her husband behavior and if she can talk about his arrest that happened when she came to USA for no particular reason just as explication related to her arrest , she know she is filling jointly and not as battered woman

[rawas 13]

like i said if am her i just write explication about his arrest , this may complicate the application because USCIS are concerned about her & not her US husband but at least she will feel better , as battered woman filling jointly and saying she was arrested is something not easy

you can still have more answers from knowledgeable members here , this was just my opinion

Edited November 28, 2015 by rawas

[Pinkrlion 2,722]

The USC's arrest history is irrelevant in the application. She is not divorcing or filing VAWA, so why waste the energy. Also, she is still in the relationship with all of this going on. Why make a fuss?

[nooha 16]

like i said if am her i just write explication about his arrest , this may complicate the application because USCIS are concerned about her & not her US husband but at least she will feel better , as battered woman filling jointly and saying she was arrested is something not easy

you can still have more answers from knowledgeable members here , this was just my opinion

Thanks rawas, if she should answer N1 yes ,she is hesitated between reveal his arrest (that may be is not going to do anything to her application ) or just skip this information

[nooha 16]

The USC's arrest history is irrelevant in the application. She is not divorcing or filing VAWA, so why waste the energy. Also, she is still in the relationship with all of this going on. Why make a fuss?

yes right, but she was and still dealing with US spouse that has an anger behavior, she doesn't know if she will be approved or no after the DV arrest this is the reason why she was thinking to reveal his arrest too,

[Ms Niss 0]

yes right, but she was and still dealing with US spouse that has an anger behavior, she doesn't know if she will be approved or no after the DV arrest this is the reason why she was thinking to reveal his arrest too,

she feels she will be denied because of the arrest?, this is not true, she will be approved , plus she was victim of DV

am not sure of the USCIS access the US spouse criminal records

[rawas 13]

she feels she will be denied because of the arrest?, this is not true, she will be approved , plus she was victim of DV

am not sure of the USCIS access the US spouse criminal records

The poster is hesitated between making a note about her US spouse old arrest or no? she is asking this q i guess because she feels afraid to be denied although she is filling jointly with him because he caused her arrest on 2015,

[Pinkrlion 2,722]

yes right, but she was and still dealing with US spouse that has an anger behavior, she doesn't know if she will be approved or no after the DV arrest this is the reason why she was thinking to reveal his arrest too,

She needs to focus more on providing the information to prove bonifide marriage, than this question. If she wants to write a letter to discuss the incident, then that is fine, however, if they call them for an interview, then she can explain then.

[nooha 16]

Thanks , I see too there is no problem to discuss the incident, but i can feels my friend hesitation she is not feeling good /fair just to reveal her arrest by answering yes in the remove of condition form without writing letter/note about her US husband arrest , and in same time she feels afraid that USCIS they will see the DV arrest was from both immigrant and US spouse and this will may be complicate her case , but like i just told her she have to decide she spent almost 2 weeks trying to find out what to do

[nooha 16]

Please if there are any other comments or point of views about question N2 , do not hesitate to help, we really appreciate your help

[zaynab 4]

Please if there are any other comments or point of views about question N2 , do not hesitate to help, we really appreciate your help

yes she can write a note in my opinion