Domestic Violence(Pending) issues with customs

[TNJ17 1,329]

Your wife is stuck with that DV for the rest of her life whether or not you drop the charges. It will make her life a living hell. You made a stupid unnecessary call that could have been avoided if only you had chosen to control yourself. Put the trip on hold until she gets her greencard and all this DV stuff sorted out and maybe this will be a lesson learned type of thing for you. 

[raysn0w 20]

Are you Dominican? too many things are off about this post.

 

• You want to stay in a house/apartment with no power in the middle of the summer and get upset that you can't because you are drunk?
  • So what happened? the cops arrived, took your wife away and you stayed with the baby alone, being highly intoxicated in a house/apartment with no power?
• Your wife accidentally scratches your face and you decide to call the cops because you are drunk?
• You miss the first court appearance just because something came up at work? you are not drunk at this point and this incident had the potential to derail your life and you still miss the court appearance?????. (I know they can reschedule but come on!!) 
• and on top of all of that, you guys are still planning/going ahead with a trip to DR?

What I see here is a lot of lack of judgment, even when the alcohol is not involved.  Please listen to everybody here and cancel your travel plans for now.

[Roel 7,192]

Look into anger management therapy and quit drinking. Your wife doesn't deserve to go through BS like this.

 

Thanks for your stupid decision, she will now forever have domestic violence on her record. Means potential issues with not only immigration, but every background check (even for jobs) will show this. So hope that your wife's future potential employers will be understanding.

[Going through 5,671]

Rethink your travel plans and do not have her leave the US until court proceedings are done, and her AOS is approved. 

Much, much safer that way.

 

Even with charges dropped/dismissed, this is part of her overall criminal history now, and something she will have to forever disclose to USCIS and be scrutinized over (whether regarding her own immigration journey or if she ends up sponsoring someone else in the future).

 

Make certain you obtain (several) copies of the court-certified dispositions and/or arrest reports.  She will need to disclose the arrest and submit them at her AOS interview, then disclose and submit them again with her ROC paperwork, and also disclose and submit them a third time with the N400 if she chooses to become a citizen.

[Ash.1101 1,756]

Don't take the trip. If you take the trip, go alone.

Don't put your wife through any more potentially bad situations because you have lapses in judgement, both when drunk and when sober. (I'm taking the fact that you're even THINKING about having her leave the country while all of this is going on as a lapse of judgement).

As others have said, she has to disclose it. You're going to the place that she immigrated from, someone could take that as she's trying to get away from the charges. They can use their own discretion.


Saying your sorry isn't to much and praising the woman you had arrested is a joke. I hope she takes all of your behavior into consideration for herself and the baby. Even with over drinking, that behavior is far from the norm unless you are controlling and are prone to anger. I wish her and her child the best of luck.

Edited August 19, 2018 by Ash.1101

[Kevin91 3]

Lol... everyone is judging me off my anger but I wasnt, I made a poor decision by making asumptions to the situation. There’s more of judmental then the answer as what I’m looking for... I’m just looking for the right answers here.....

 

My wife and I are fine. The sad thing is the everyone bought flight tickets (fanily and friends) for us to get married through Catholic Church international.

 

Again I know what I did wrong here, I’m facing the consequences now.... 

 

Also this wont be on her criminal record once it drops, the only fact I can say is that immgration will take part of her fingerprint and that’s permanent... But this wont affect her immgration benefits. I love her and we are a happy married couple, I think we all are humans and everyone make mistakes. Her and I made the decision to stay together and live stronger with our relationship. I completly understand there will be a scar in her past and immigration as well. But with us together we can go thru it.... 

 

I just dont want to cancel our wedding that we plan for a 1 year ago... I spent soooo much money into this.

[Kevin91 3]

2 hours ago, Mr.Jose said:

This post must be a joke. I don’t recall ever seeing a male call police on his wife.

Plenty of male called, again poor judgement I made. 

[Going through 5,671]

17 minutes ago, Kevin91 said:

Also this wont be on her criminal record once it drops, the only fact I can say is that immgration will take part of her fingerprint and that’s permanent... But this wont affect her immgration benefits.

It will be part of her criminal *history*, but not an actual criminal *record* if the charges are dropped---in other words, there will be no record of a conviction/guilty finding for the charge, but yes it will come up as part of her history through the FBI background checks that she has been arrested and subsequently charged with a crime.

 

This is why people are saying it must be disclosed because USCIS will already know about it once her interview rolls around.  That's why I suggested above that you  need to ensure you get the court-certified dispositions because she will need them further down the road.

 

It won't affect her immigration so long as she discloses it---if she purposefully omits the information at any stage thinking it's irrelevant (because charges were later dropped), or thinking it won't come to light with USCIS, then yes it can affect her immigration journey as an IO can deny any application/petition by her for misrepresentation, at their discretion, or further scrutinize her entire application during the interview as to what else she might have omitted.  

Edited August 19, 2018 by Going through

[Rusty72 68]

58 minutes ago, Kevin91 said:

Plenty of male called, again poor judgement I made. 

So are you gonna go in and plead guilty for your false report? Seeing as that is a crime too

[Kevin91 3]

I wont be pleading anything. Im going there to just drop the charges against her. Thats something that municiple court and I came to the agreement. 

Edited August 19, 2018 by Kevin91

[Ash.1101 1,756]

11 minutes ago, Kevin91 said:

I wont be pleading anything. Im going there to just drop the charges against her. Thats something that municiple court and I came to the agreement. 

I think a lot of people are thinking that it's pretty awful that your wife is taking the hit for your "poor decisions" but you're not willing to take the hit for your "poor decisions".


Either way, actions have consequences. If you fly out before the charges are dropped, I would just eat the money loss and protect your wife from having any issues at the border.

But, I doubt you'll do that.

[Diane and Chris 651]

Sounds like you’ve already made up your mind what you are going to do. Why ask us?  You need professional help and need to quit drinking, IMO. Have you quit drinking?  Will you drink at the “wedding?”  I don’t understand why people spend soooo much money on weddings when they’re already married and have children. The money could be put to better use. Good luck as you two move forward!  I only hope that she will be allowed back in at POE. If that’s what she wants. Most of the people here think it’s not a good idea to travel. 

[geowrian 22,337]

2 hours ago, Kevin91 said:

Also this wont be on her criminal record once it drops, the only fact I can say is that immgration will take part of her fingerprint and that’s permanent... But this wont affect her immgration benefits.

It will remain part of her record with immigration and she will need to provide documentation of the incident at each step moving forward. This is the case for dropped charges as well as cases that are sealed and/or expunged.

It's unlikely to affect her immigration benefits. Nobody can know for sure how an IO will view it upon review of the above stated documentation that needs to be provided.

 

2 hours ago, Kevin91 said:

I just dont want to cancel our wedding that we plan for a 1 year ago... I spent soooo much money into this.

Wedding celebration/renewal of vows* (you are already married).

 

It's rough, but know the risk by trying to execute on your plans.

[Going through 5,671]

5 hours ago, Kevin91 said:

I just dont want to cancel our wedding that we plan for a 1 year ago... I spent soooo much money into this.

Ok.  You seem determined to travel then because you don't want to lose money on the wedding "celebration" (since you are already married).  

 

I'm normally not this blunt---I think most who know me on these forums will attest to that.  I will be blunt with you now, based on my experience with helping others in your situation, my own experiences, and based on what I know happens at the border when certain criminal charges are at play:

 

In effect, you are hanging her out to dry:

 

-she is not guaranteed re entry into the US, despite having a pending AOS application.

-she is not guaranteed re entry into the US, despite having an approved Advanced Parole.

-she is not guaranteed re entry into the US, despite travelling back with a USC husband.

-she is not guaranteed re entry into the US, despite having been scheduled to appear in a US court house.

-she can be denied re entry due to her open charge of Domestic Violence (POE won't care if you say you are dropping the charges later on---they care about what's right in front of them at that moment).

-not having any documents to show regarding the arrest/final disposition will heighten the chances of her being denied re entry.  DV by impending immigrants is taken quite seriously at the border.  

-her passport/scanned fingerprints/name will come up as a "hit" at the border, showing there was a recent arrest on the officer's computer but not much more details than that.  Her getting a "hit" can commonly result in her being sent to secondary inspection--without you--where she will have to explain herself and her charges.  Without any official paperwork to show (since you are determined to travel before her court appearance), she is going to be put through the wringer.   

-if/when she is denied entry you will have to come up with a Plan B if you wish to continue to live together in the same country.

 

She is a non-citizen.  She is not even a LPR at this stage.  Do not be flippant about her travelling---because this is not a game she can afford to lose.

 

YOU, however, need to weigh all of the above against the monetary loss you will incur by postponing your party plans.

 

 

 

 

Edited August 19, 2018 by Going through

[IndigoPhantom 35]

Well I have enjoyed reading this thread........yikes!