Should she reveal his arrest!? [merged threads]

[NikLR 13,227]

1) yes she needs to disclose she was arrested

2) no she does not need to go into detail unless specifically asked about it.

Concentrate on providing evidence of a genuine marriage vs who got arrested for what because people are crazy.

[nooha 16]

1) yes she needs to disclose she was arrested

2) no she does not need to go into detail unless specifically asked about it.

Concentrate on providing evidence of a genuine marriage vs who got arrested for what because people are crazy.

thanks for your opinion, this was my opinion to her , but her husband behavior changes a lot, she just went through a bad moments in this holiday with him, she heared him saying to her, you will be deported , and she really want to feel in a way she is protected , she has no idea what he can do in the future during this process, that's why she brought this subject with me today, while she decided just to disclose her arrest without getting into details few days ago

she said she think he feels happy because he know USCIS they will found out about her arrest, he told her this holiday USA they don't need people like you, this made her feels mad and have the desire to rethink about the hesitation she has 2 weeks ago , about making a note about his arrest

Edited November 29, 2015 by nooha

[NikLR 13,227]

She can't do anything about him being a jerk unless she decides to leave, and leaving him is about all that she can do.

You cannot change anyone else, only yourself. Changing yourself is very hard to do as well. If she's not happy, she can choose to do something different.

Doing this he said, she said, thing is dumb. "Well he arrested me because I said I was going to get him arrested." Sounds like a really genuine relationship there. I'm just sayin' how it appears from the outside so personally, I suggest keeping her trap shut unless she's asked about it. She can explain what happened then.

I'm in no way suggesting she lie either. She must disclose she was arrested. And if the form asks why she must say why. But be concise and to the point and don't blame anyone else.

[nooha 16]

She can't do anything about him being a jerk unless she decides to leave, and leaving him is about all that she can do.

You cannot change anyone else, only yourself. Changing yourself is very hard to do as well. If she's not happy, she can choose to do something different.

Doing this he said, she said, thing is dumb. "Well he arrested me because I said I was going to get him arrested." Sounds like a really genuine relationship there. I'm just sayin' how it appears from the outside so personally, I suggest keeping her trap shut unless she's asked about it. She can explain what happened then.

I'm in no way suggesting she lie either. She must disclose she was arrested. And if the form asks why she must say why. But be concise and to the point and don't blame anyone else.

I agree

[zaynab 4]

She can't do anything about him being a jerk unless she decides to leave, and leaving him is about all that she can do.

You cannot change anyone else, only yourself. Changing yourself is very hard to do as well. If she's not happy, she can choose to do something different.

Doing this he said, she said, thing is dumb. "Well he arrested me because I said I was going to get him arrested." Sounds like a really genuine relationship there. I'm just sayin' how it appears from the outside so personally, I suggest keeping her trap shut unless she's asked about it. She can explain what happened then.

I'm in no way suggesting she lie either. She must disclose she was arrested. And if the form asks why she must say why. But be concise and to the point and don't blame anyone else.

You are right, but if the spouse changes his mind and cancel the joint petition she the wife will have a difficulty then, so i think just she should let them know, nothing will happens they may just invite them for interview

[NikLR 13,227]

If he cancels it she divorces and files with a waiver.

edit: Or uses one of the other waivers but they're more difficult.

Edited November 29, 2015 by NLR

[rawas 13]

If he cancels it she divorces and files with a waiver.

Just curious to know, is USCIS have no access to what the US spouses do to their immigrants wives.! they do not check their criminal records/arrest during I751 process?

[NikLR 13,227]

No they do not check on the USC criminal records, that is not the point of the ROC. Besides, a prisoner can petition for a spouse as long as they haven't committed a crime that's within the Adam Walsh Act.

The USCIS expects people who are being abused to leave their spouses. That's why there are waivers for ROC.

The difference between a USC being arrested and a LPR is that the LPR can be deported if found guilty of a serious crime whereas a USC simply goes to jail. The US government is not going to use US taxes to incarcerate a non-citizen when they can simply deport them and not have to deal with them anymore.

[rawas 13]

No they do not check on the USC criminal records, that is not the point of the ROC. Besides, a prisoner can petition for a spouse as long as they haven't committed a crime that's within the Adam Walsh Act.

The USCIS expects people who are being abused to leave their spouses. That's why there are waivers for ROC.

The difference between a USC being arrested and a LPR is that the LPR can be deported if found guilty of a serious crime whereas a USC simply goes to jail. The US government is not going to use US taxes to incarcerate a non-citizen when they can simply deport them and not have to deal with them anymore.

Correct , i guess the spouse in this post should relax as long as she never committed crime and she just simply went to jail without charges, she will have no problem , if he cancel the joint petition she can divorce and move on, but it seems like the husband is mentally abusing her by telling her she will be deported what kind of man he is!!!! she stayed with him to help him and continue the marriage without leaving him after his arrest and now he is attacking her , waw, she should think twice about her life with him, shame for some US spouses to treat their wives like this

[NikLR 13,227]

She should but that's HER choice. It's a shame anyone treats their spouses badly.

[nooha 16]

Thank you NLR for your help, i really appreciated it

Edited November 30, 2015 by nooha

[nooha 16]

Hi, Is the Conditional resident's DV arrest (no charges) Automatically leads to I751 Interview no matter how bona fide marriage evidence submitted?

Thanks and good luck to every one

[Cheezees 1,514]

I don't think anyone can answer this with complete certainty but I would think you are more likely to receive an interview notice than those without an arrest. If the marriage is bona fide, then there should be no worries.

[nooha 16]

I don't think anyone can answer this with complete certainty but I would think you are more likely to receive an interview notice than those without an arrest. If the marriage is bona fide, then there should be no worries.

Sure the marriage is bona fide ,the DV arrest was for both the conditional resident(my friend) and the Us spouse not in one time, one in 2014 for the husband and another in 2015 for the conditional resident , its a long story, but this is whats happened . there is post where i and my friend(conditional resident) were asking if she can reveal and discuss the old incident if there will be an interview just because of the arrest providing them with more information from the beginning can save time like my friend see

[Cheezees 1,514]

I don't think any explanation is necessary, however, the arrest needs to be disclosed. If USCIS wants more info, they will ask for it. Good luck! (to your friend)