my foreign wife had me arrested

[Crazy Cat 41,904]

7 hours ago, MyJourney said:

Listen to your lawyer. Do not withdraw or do anything yet, that would look like you are trying to retaliate. 

I would say he is merely trying to protect himself......

[Ontarkie 14,234]

~~Moved to Effects of Major Life Changes, from AOS Family - As similar threads are discussed here. One post removed as requested by the poster.~~

[mhis82 13]

16 hours ago, s d said:

hi everyone,

I brought my wife up from Colombia on k-1 visa in October. And married shortly after. Then in April just after our 6 month wedding anniversary she had me arrested on domestic abuse charges. She picked a fight in car and yelled at one another. Went shopping took her home and I packed a suitcase and left house. I did want things to get worse. after I left house she calls police and files complaint and I was arrested. I never touched stood in her way or forced her to do anything. After I was released from jail they placed a no contact order on me I could not go back to house or call or text her. I have not been to court yet and she already a protective order and wants to stay in house and have me pay all the bills with waiting for ead card. she does not even have that yet. Would anyone know of scams,advice of what to would help . thanks scott

This is similar situation as me, Please no matter what, Do not plea guilty. Again i say do not plea guilty.

Last year, my wife called the police on me, and i was arrested too.  I filed divorce right away.

I am not asking you to diverse your wife, but the prosecutor, will try to make some kind of deal with you.

This is pretty typical to issue protective orders against  you, and you will go to hotel. 

 

Rule No. 1 = Do not violate protective orders.

                2= Stop talking, either by phone or in person till the prosecutor said you can talk to you wife.

                3= Do not get convicted of Domestic violence even misdemeanor. Also avoid any kind of plea deal.

                4- Get a very good lawyer right away. And fight off this charges. It will cost you some money. It costed me about 6000$.

 

If you have any more questions you can PM me as well.

 

Its up to you, what do you want to do with your wife's immigration status. No one know you or her.

 

 

           

 

 

[cd37 229]

4 minutes ago, mhis82 said:

This is similar situation as me, Please no matter what, Do not plea guilty. Again i say do not plea guilty.

Last year, my wife called the police on me, and i was arrested too.  I filed divorce right away.

I am not asking you to diverse your wife, but the prosecutor, will try to make some kind of deal with you.

This is pretty typical to issue protective orders against  you, and you will go to hotel. 

 

Rule No. 1 = Do not violate protective orders.

                2= Stop talking, either by phone or in person till the prosecutor said you can talk to you wife.

                3= Do not get convicted of Domestic violence even misdemeanor. Also avoid any kind of plea deal.

                4- Get a very good lawyer right away. And fight off this charges. It will cost you some money. It costed me about 6000$.

 

If you have any more questions you can PM me as well.

 

Its up to you, what do you want to do with your wife's immigration status. No one know you or her.

 

 

           

 

 

Looks like you have a very good advise here by mhis82. Good luck. 

[Jabberwocky1969 127]

Had a Colombian girlfriend. Along the way I learned that she was illegal. During a casual discussion about immigration, she revealed that she was 100% familiar with the ole battered spouse trick. A few weeks later she started pressuring me for marriage. I dropped her off that night and never spoke to her again.

[Boiler 45,559]

34 minutes ago, Jabberwocky1969 said:

Had a Colombian girlfriend. Along the way I learned that she was illegal. During a casual discussion about immigration, she revealed that she was 100% familiar with the ole battered spouse trick. A few weeks later she started pressuring me for marriage. I dropped her off that night and never spoke to her again.

This

[Paul & Marina 53]

Yes, I would say the best advice you got is not to listen your you Lawyer. Even Helen Keller had better sense not to do that. I would ask the lawyer what their rational is for not withdrawing the I-864. it may be part of his overall defense strategy   You can always get a free consultation from an immigration attorney.

Scott, I would say most of us are saddened by your situation. I wish for the best outcome for you and our country.

[Diane and Chris 651]

15 hours ago, Boiler said:

Have you withdrawn the I 864?

That’s the first thing I would do. 

[Lee&Ana 88]

Pull the I864 immediately.  What I don’t understand is why you left your house after a fight in the car?  I think there is more to the story than we are hearing.

[Villanelle 4,122]

On 5/11/2018 at 12:09 PM, Trinab80 said:

Being someone who has had experience in filing a restraining order (not immigration related, just a previous experience from something that happened yearrrrssssss ago), her PFA or no contact order was given based on her filing a police report. Once the police are called for a DV to the home, a police report is created. All she had to do was go to family court and request a no contact order w/o the knowledge of the respondent/defendant i.e. her husband, it gets granted temporarily until the court date. Correct, based on her wording that she showed "fear" and she was given a temporarily restraining order (PFA or no contact order) on just that fact. Can she granted a permanent restraining order....sure she can, but that can happen with the charges being dropped in criminal court, hence why there is a court proceeding where he will get his chance to provide proof of his side of the story. Since he has an attorney, it is already known what she said and stipulated, the OP just hasn't provided that information and he doesn't have to tell us that.

 

The attorney most likely told him not to pull the I-864 because the OP probably isn't 100% sure he wants to file the divorce just yet with the hopes to "reconcile" and because they are 2 types of court proceedings being handled (criminal and civil), the attorney is trying to handle the criminal one first to get the charges dropped so that the criminal court will just let the civil/family court handle this issue. Either way, he maintains his arrest record and an expungement does not matter when it comes to immigration. Therefore, it's a waste of time not to pull the I-864 if he is adamant about the divorce. According to the OP, He's already vacated the home and did so before she called the police. The burden on her to prove how much "fear" she in at this point because the home is in HIS name not hers. If she choose to continue this claim, the judge can mandate she vacate the home within 30 days or the very least vacate once the divorce is final which for them isn't gonna take long because they haven't been married that long.

 

Truthfully, what is happening right now is a "short-term" tactic because all this is about is her building her "paper trail" to show that she's with an "abusive" partner. She wanted or needed to have the upperhand in their marriage and him having a DV arrest gave her just that.  This case will resolve quickly, but it's what will happen later on if the OP doesn't protect himself from what she's doing.

 

Im curious as to what happened with your restraining order experience. People typically come down hard on one side or the other in these kinds of issues. Meaning people who had trouble obtaining one or were disappointed with the DV process talk about how hard the process is- where people who have been successful talk about how easy it is. I am of the opinion that it is neither hard nor easy and it comes down to the specific case and how educated the parties are.

 

Florida is also an equitable distribution state. This doesnt mean equal it means fair. When one side is abusive the courts can punish them financially. Judges are also known for allowing the victim to remain in the home and force the abuser to seek shelter elsewhere. 

 

I dont know how quickly this is going to resolve itself. He may get court hearings in a timely fashion or he may choose to delay them, or the court delays them. But he definitely has a long battle ahead of him and the choices he makes now will greatly impact his future.

[angry 15]

I'm sure you guys discussed those details about giving money to her family back home before she made the move so I'm not gonna comment on that. But you guys got home, you packed your bag and left? Why? It makes no sense. She's here alone, has nobody and you decided it's best to leave her be while you went to your family and phase everything out. Never run from your problems, just solve them. I don't know her true intentions so can't comment on that, calling the cops was the most extreme thing she could do, but you left her alone literally, don't know how badly that can affect some one.

[RLA 323]

On 13.5.2018 at 12:08 AM, angry said:

But you guys got home, you packed your bag and left? Why?

Why do you ask?  He can't change the past and un-leave.  And he can't try to make up either because his wife decided to get a restraining order.  The only thing he can do now is to try to protect himself. 

[angry 15]

Trust me, I'm one of those people that hate the saying 'you should've done this and that' but in this case it's just not right. You can't leave a person that moved from a different country alone like that while you go to friends/family/job for support. They had an argument and he needed to deal with it.

I'm saying this from the perspective of the spouse who was almost left alone like that once. I asked my wife to not leave me alone, it would've depressed me. It's bad enough to be here far away from home and miss everything that was left behind. 

 

Edited May 18, 2018 by angry

[Eric-Pris 1,606]

On ‎5‎/‎11‎/‎2018 at 8:54 AM, Boiler said:

Sounds like she has been well schooled.

Not that well.  She called the police before the green card.

Edited May 18, 2018 by TBoneTX
stereotyping comment removed

[azblk 338]

On 5/18/2018 at 11:35 AM, Eric-Pris said:

Not that well.  She called the police before the green card.

Doesn't matter. Ever heard of VAWA