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Posted (edited)

My ex-spouse (to be) entered the USA on a marriage visa early 2019 and got arrested for domestic violence abuse and went to jail for a few months before he (possibly) applied for removal of conditions and before he filed for divorce while separated, how will this affect his removal of conditions if his criminal case is still pending in court (he is being charged by the State for 3 criminal charges) and the divorce is not final yet either as it's contested and awaiting divorce trial.

 

Will USCIS still process his application (if he filed one), deny it or put it on hold if the legal process for criminal charges and divorce are still pending taking long to be resolved due to court scheduling and delays? Is he considered out of status since he was supposed to remove towards end of last year? I am not sure if he has applied for removal of conditions yet; do you think he did/wise to do under his circumstances? What are the chances of him actually getting approved for a permanent greencard under this circumstances? He has also been reported to USCIS for all sorts of domestic abuse etc. How do you foresee this realistically ending, immigration wise for a greencard and US Citizenship?

 

Safety concerned abused spouse, with children involved.

Edited by VALU
Posted (edited)

1.  Protect yourself and your children physically and legally through a good divorce attorney.

2.  Let his immigration status go.  At this point, you are out of the loop....other than the obligations as they pertain to the I-864.  

Good Luck.

Based on your post, I suspect his I-751, if submitted,  will be denied.  At that point, he would lose his status.  Without you, I would think his pathway to legally remaining in the US would be severely limited based on the history you posted. 

Edited by Crazy Cat

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Wales
Timeline
Posted

He will need to file with a divorce waiver but you make it sound like somebody who would do nothing about seeking to maintain his legal status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Iran
Timeline
Posted (edited)

Sorry for the abuse, stay safe. Best to leave the relationship in the past.

 

4 hours ago, VALU said:

Will USCIS still process his application (if he filed one), deny it or put it on hold if the legal process for criminal charges and divorce are still pending taking long to be resolved due to court scheduling and delays?

He can apply for an i751 divorce waiver case, USCIS will accept it if properly submitted, he will need a final divorce decree and proof that he entered into marriage in good faith to be approved. 

 

USCIS will hold up his i751 case until his criminal charges are resolved. If he is convicted of a crime of domestic abuse he may not be able to move ahead in any immgration case and could be deported. Any convection of a crime with a potential sentence of a year or more would also be tough to obtaining an immgration benefit.

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for non-permanent residents or DACA.

Edited by da95826

K1 Visa Arrived USA July 2017

Married August 2017

AOS Approved July 2018

 

Filed for i751 joint application May 2020

Fingerprints reused October 2020, and February 2021 and June 2021 (Yes 3 fingerprint notices)

Case move to National Benefits Center December 2020 for quicker processing from California Service Center

Oct 2021 out of processing time inquiry made, response May 5th 2022 that our i751 case will be addressed at our n400 interview

Combo interview May 16th 2022, in Sacramento

Approved June 08, 2022

 

Filed for Naturalization May 2021

Fingerprints reused May 2021

Combo interview May 16th 2022, in Sacramento, 

Approved June 08, 2022

Oath Ceremony completed June 29th 2022

 

Posted
On 11/11/2021 at 7:57 AM, Crazy Cat said:

1.  Protect yourself and your children physically and legally through a good divorce attorney.

2.  Let his immigration status go.  At this point, you are out of the loop....other than the obligations as they pertain to the I-864.  

Good Luck.

Based on your post, I suspect his I-751, if submitted,  will be denied.  At that point, he would lose his status.  Without you, I would think his pathway to legally remaining in the US would be severely limited based on the history you posted. 

Thank you for your input.

Posted
23 hours ago, Boiler said:

He will need to file with a divorce waiver but you make it sound like somebody who would do nothing about seeking to maintain his legal status.

Thanks for your input 

20 hours ago, da95826 said:

Sorry for the abuse, stay safe. Best to leave the relationship in the past.

 

He can apply for an i751 divorce waiver case, USCIS will accept it if properly submitted, he will need a final divorce decree and proof that he entered into marriage in good faith to be approved. 

 

USCIS will hold up his i751 case until his criminal charges are resolved. If he is convicted of a crime of domestic abuse he may not be able to move ahead in any immgration case and could be deported. Any convection of a crime with a potential sentence of a year or more would also be tough to obtaining an immgration benefit.

The domestic violence deportation ground at INA § 237(a)(2)(E) sets out four bases for deportation: conviction of a crime of domestic violence, a crime of stalking, or a crime of child abuse, neglect, or abandonment, or being the subject of a judicial finding of violation of a domestic violence stay-away order. Coming within one of these grounds also can be a bar to cancellation of removal for non-permanent residents or DACA.

Thank you

 
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