Jointly removing conditions from my 2yr greencard with my husband who recently got arrested for a sex crime.

[Shev 0]

Good day folks!

 

My husband and I met 4yrs ago and has been married 3yrs out of the 4yrs we've been together. I got my greencard and became a permanent resident 2yrs after being married. We actually worked hard to build a life together and shared three different apartment leases, bought our car and worked really great jobs over the past couple years.

 

Last year, my husband was arrested and got locked up for child pornography(Dont know what the hell and how the hell, but he did). To this moment I'm still freaked out about how we moved from having the perfect relationship, to him being away and locked up in prison. Everything went downhill in a matter of days. I lost our apartment, the car, had to put our furniture in a storage facility and relocate due to the fact that I wasn't able to manage our finances/expenses alone.

 

My biggest fear now is having to file jointly with him to remove the conditions from my 2yr green card, which will expire in two months. I'm worried because I dont know if I'll be affected by the newly implemented Adam Walsh Act. I've hired an attorney to assist me but in all honesty I'm really scared of losing my residency. My job includes alot of international traveling and so I'm required to have an active green card at all times. My husband is still incarcerated and wont be released until another 5-6yrs, any help or feed back would be greatly appreciated! 

[NikV 44]

I am so sorry to hear this. I would say you have already done a good thing by hiring attorney. Most folks here are not so experienced with cases like this. I am sure your status has nothing to do with your husband's wrong-doings. Good luck!

[Shev 0]

Thank you! Will need all the luck I can get 

Edited July 26, 2018 by Shev

[Going through 5,671]

2 hours ago, Shev said:

My biggest fear now is having to file jointly with him to remove the conditions from my 2yr green card, which will expire in two months. I'm worried because I dont know if I'll be affected by the newly implemented Adam Walsh Act.

Not so new---the AWA came into effect around 2006.

 

2 hours ago, Shev said:

I've hired an attorney to assist me but in all honesty I'm really scared of losing my residency.

His crime is not going to be a reason for a denial on your ROC.  If YOU had committed the offense, or aided and abetted him in some way to commit the crime/not get caught, then yes it would have.  Hopefully that eases your mind a little.

 

2 hours ago, Shev said:

My husband is still incarcerated and wont be released until another 5-6yrs, any help or feed back would be greatly appreciated! 

If you wish to remain married (not assuming anything here), then file your ROC as married, and get his signature in jail.  There are certain waivers for excusing a spouse from a ROC interview (if you are even called for an interview, some are not).

If you wish to divorce (not assuming anything here), then file your ROC with a divorce waiver.

Edited July 26, 2018 by Going through

[TM92 527]

2 hours ago, Shev said:

My biggest fear now is having to file jointly with him to remove the conditions from my 2yr green card, which will expire in two months. I'm worried because I dont know if I'll be affected by the newly implemented Adam Walsh Act. I've hired an attorney to assist me but in all honesty I'm really scared of losing my residency.

The Adam Walch Act will not affect your Removal of Conditions based on Avvo answers, https://www.avvo.com/legal-answers/how-will-the-adam-walsh-act-affect-my-i-751-applic-2495275.html:

Quote

The Adam Walch Act applies to family based petitions which are FORM I-130 and FORM I-129F. The FORM I-751 is not addressed in a Policy Memorandum for the guidance of USCIS personnel.

2 hours ago, Shev said:

My husband is still incarcerated and wont be released until another 5-6yrs, any help or feed back would be greatly appreciated! 

Since your husband won't be physically residing with you during his incarceration, here's another Avvo answer https://www.avvo.com/legal-answers/i-751-living-apart-2642496.html:

Quote

A letter explaining the circumstances of your separate living with supporting evidence of the circumstance as well as the bonafides of your marriage is helpful. Still, expect an interview.

It might be safer to use the regular 5-year requirement for the N-400 instead of 3-year wait based on marriage. It will potentially result in less scrutiny of your marriage.

2 hours ago, Shev said:

My job includes alot of international traveling and so I'm required to have an active green card at all times.

You can travel abroad with the expired 2-year green card and the I-797 receipt notice, https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter16-19.html:

Quote

The I-797 receipt notice is an important document. It extends your residency for a period designated by USCIS (normally 12 months). The notice will be your only proof of your legal status after you green card has expired. The notice is a bit awkward to show to employers, border patrol officers, and others, but it really is an official document. You must, however, also carry your expired green card with you at the same time. That's because your card, unlike the receipt, has your photo on it.

[Shev 0]

Thank you guys for responding.. I feel so much better. Was completely freaking out after learning of this Adam Walsh act. You guys have been nothing but helpful, thank you loads! 

[Going through 5,671]

14 minutes ago, TM92 said:

It might be safer to use the regular 5-year requirement for the N-400 instead of 3-year wait based on marriage. It will potentially result in less scrutiny of your marriage.

OP is at the ROC stage, not the N400. .... unless you meant going forward if OP wishes to become naturalized later on down the road?

 

Edited July 26, 2018 by Going through

[TM92 527]

1 minute ago, Going through said:

OP is at the ROC stage, not the N400. .... unless you meant going forward if OP wishes to become naturalized later on down the road?

Exactly. It was preemptive advice, but regardless I'm not an expert

[Ontarkie 14,499]

~~Inappropriate post removed along with one quoting. Stick to answering the OP's questions.~~

Edited July 27, 2018 by Ontarkie