I-751 Waiver After Divorce + DUI

[sonya95 0]

Hello! First time poster here, wondering if anyone could give some advice on my situation.

 

I got married to my US citizen spouse in Jan 2017 after several years together, and we quickly moved to the US. I came on a tourist visa and applied for AOS, receiving my conditional green card in Feb 2018. It expires in Feb 2020.

 

Sadly, over the course of the past year, my spouse and I have dealt with some irreconcilable differences causing us much turmoil in the relationship, and eventually decided to divorce. The process has not begun yet, but I am hoping to set it in motion this month. We previously had a great bona fide relationship, which I have plenty of evidence of,  along with evidence of an extramarital affair on his part in the recent months. Despite these issues, we remain on good terms and communicate well. Since we do not share property or children and keep our finances relatively separate, I think the divorce proceedings will be short and hopefully finalized prior to the expiration of my green card. I plan to apply for Removal of Conditions exactly 90 days prior to the expiration.

 

Unfortunately, I was also recently charged with a first time DUI. This was my first time ever committing a criminal offense - I blew 0.08 (the minimal limit in my state), was arrested, and left jail the same day. I will be going to court in two weeks and hoping to go through with diversion, meaning that after some educational classes and a trial period the charges can be removed from my record within 1 year. Of course, they will be on my record when I apply for Removal of Conditions.

 

Considering all this, I am honestly rather worried about my chances of obtaining the 10-year GC on my own. I am wondering if there is anyone out there who has been through a similar situation before, and if so - do you happen to have any tips for me? What should I be doing right now in preparation for the coming mess? Will it be a mess? Should I be worried? Should I hire an attorney to see this through, or will I be okay gathering the documentation on my own?

 

Thank you all in advance!

[Timona 4,208]

Will leave this to experienced members. 

Hopefully you're in for a straight ROC shot

[Daphne . 1,913]

I will pretend I did not read the part where you stated that you ‘moved’ to the US on a tourist visa and adjusted status from that visa.. You do realize that using a visitor visa and entering the US with the intent to stay is visa fraud, right? What did you say when you were asked what the purpose of your trip was?

 

Regarding the DUI, this needs to of course be disclosed and you will also need the divorce waiver to do your ROC. You mention that you have plenty of proof for a bonafide marriage so that should be okay. The evidence of the affair will not be necessary I think..

Nobody can predict what the outcome will be and each case is different so provide whatever they need and you have and hope for the best! Good luck! 

Edited August 16, 2019 by Daphne K

[sonya95 0]

On 8/15/2019 at 11:30 PM, Daphne K said:

I will pretend I did not read the part where you stated that you ‘moved’ to the US on a tourist visa and adjusted status from that visa.. You do realize that using a visitor visa and entering the US with the intent to stay is visa fraud, right? What did you say when you were asked what the purpose of your trip was?

 

Regarding the DUI, this needs to of course be disclosed and you will also need the divorce waiver to do your ROC. You mention that you have plenty of proof for a bonafide marriage so that should be okay. The evidence of the affair will not be necessary I think..

Nobody can predict what the outcome will be and each case is different so provide whatever they need and you have and hope for the best! Good luck! 

Hi Daphne,

Thank you so much for the response. I realize now from your comment how my original post must sound — to clarify, I originally came to the US with the intention of helping my spouse move on his own while I finished college back at home. I already had a tourist visa from a previous trip a few years back. It was upon arriving to the US, when I mentioned I was helping my spouse get settled in to the officer at my POE, that he suggested I consider AOS if I plan to move at all in the future. Moving was not the original intention of my trip, but after some research it seemed like the right way to go. 

 

Thanks again for your advice! Really appreciate the info!

Edited August 17, 2019 by sonya95

[Daphne . 1,913]

9 hours ago, sonya95 said:

Hi Daphne,

Thank you so much for the response. I realize now from your comment how my original post must sound — to clarify, I originally came to the US with the intention of helping my spouse move on his own while I finished college back at home. I already had a tourist visa from a previous trip a few years back. It was upon arriving to the US, when I mentioned I was helping my spouse get settled in to the officer at my POE, that he suggested I consider AOS if I plan to move at all in the future. Moving was not the original intention of my trip, but after some research it seemed like the right way to go. 

 

Thanks again for your advice! Really appreciate the info!

Thanks for clarifying! 👍🏻

 

Very surprised to hear that a CBP officer gave you that advice, as it is their job to assess (unlawful) immigrant intent at POE.   But there is a first for anything I guess!

[Shan2020 4]

Hi sonya

I think the two different case u have need to addressed  with two different ways no matter what anyone says First DUI cannot make your petition denial or revoked if u submitted all documents right then you will be fine with your marriage the  law doesn’t tell u to stay in unhappy marriage and before the good relationship becomes rivalry it’s better to walk away having all the supporting documents of a bonafied marriage and you will be fine all the best and plz update..