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cookvisa2022

Help needed - I got arrested! (Family based Visa)

By cookvisa2022 in Effects of Major Family Changes on Immigration Benefits

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cookvisa2022 Newbie

cookvisa2022   0

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Hello 

 

I already reached out to an immigration lawyver and my appointment is next month, but I need advise or if anyone has any ideas what I could expect? 

 

History: 

 

• Entry to USA: Wish touritst Visa in July 2022

• Got Married to US Citizen: October 2022 

• Applied for I-130, I-765 and I-485 February 2023

• Got arrested for Domestic Battery: February 2023

• Jury trial: December 2023

• All applications are pending in progress as of August 2023

 

At the same time my sister is a US citizen and applied for I-130 Petition for Alien Relative back in September 2020 and it's still pending (Processing time 80 months)

 

 

My questions: 

• What are my options? What would hapen if I'm found gulty or innocant? 

• My wife and I will most likely separete but we are still married (7 months married so far)

• Can I stay in the US with my sisters application? 

• Our marriage was in good faith but happened. 

• I'm still waiting for work permit and first green card interview? 

• If I get a dicorce can I marry again to continue staying in the US?

• What else can I do to continue staying in the USA and become a green card holder?

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Mike E Grand Master

Mike E   11,739

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Filed: Citizen (apr) Country: Myanmar
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7 minutes ago, cookvisa2022 said:

My questions: 

• What are my options? What would hapen if I'm found gulty or innocant?

I am assuming the alleged victim is your wife.

 

She will be advised by her immigration lawyer to withdraw her I-130 and I-864. If so, you will not be able to get a GC through your wife.

 

If found guilty, and USCIS learns of the conviction, it is likely your GC will be denied or revoked.

 

7 minutes ago, cookvisa2022 said:

 

• Can I stay in the US with my sisters application?

not legally. And if you over stay, you will have to serve a 10 year ban once your sibling based 2020 priority date becomes current.

7 minutes ago, cookvisa2022 said:

•

• If I get a dicorce can I marry again to continue staying in the US?

In theory

7 minutes ago, cookvisa2022 said:

• What else can I do to continue staying in the USA and become a green card holder?

You need to get the criminal case dismissed or you need to be acquitted.

 

Was your wife abusive of you? If so, you might have a VAWA claim.

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Crazy Cat Grand Master

Crazy Cat   41,811

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Filed: Citizen (apr) Country: Taiwan
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***Moved to Adjustment of Status from Work, Student, and Tourist Visas***

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

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.. 
 

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SalishSea Grand Master

SalishSea   17,801

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Filed: Lift. Cond. (apr) Country: New Zealand
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38 minutes ago, cookvisa2022 said:

At the same time my sister is a US citizen and applied for I-130 Petition for Alien Relative back in September 2020 and it's still pending (Processing time 80 months)

That's not how that works.  "Processing time" for family preference visas indicates petition processing, not visa availability, which is numerically limited.  You'll want to google "Visa Bulletin."

 

I'd expect an NTA coming your way at any time.

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Verrou Proficient

Verrou   1,962

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Filed: AOS (apr) Timeline
Posted (edited)
44 minutes ago, cookvisa2022 said:

Hello 

 

I already reached out to an immigration lawyver and my appointment is next month, but I need advise or if anyone has any ideas what I could expect? 

 

History: 

 

• Entry to USA: Wish touritst Visa in July 2022

• Got Married to US Citizen: October 2022 

• Applied for I-130, I-765 and I-485 February 2023

• Got arrested for Domestic Battery: February 2023

• Jury trial: December 2023

• All applications are pending in progress as of August 2023

 

At the same time my sister is a US citizen and applied for I-130 Petition for Alien Relative back in September 2020 and it's still pending (Processing time 80 months)

 

 

My questions: 

• What are my options? What would hapen if I'm found gulty or innocant? most likely removal proceeding or deportation order 

• My wife and I will most likely separete but we are still married (7 months married so far) doesnt matter

• Can I stay in the US with my sisters application? u wont be legal for a very long time

• Our marriage was in good faith but happened. too short time to fight for bonafide marriage and get joint account evidence

• I'm still waiting for work permit and first green card interview? if ur wife cancelled i-130 and withdrawn i-864, u will have no basis for work permit or GC interview 

• If I get a dicorce can I marry again to continue staying in the US? i guess u can, but its not easy and fast to marry again ( especially in short period of time and if by then u are in removal proceeding, the stake is high. the burden is high anyway when u married for the second time and want to apply for GC. USCIS will scrutinize ur case, dig hole on ur first marriage

• What else can I do to continue staying in the USA and become a green card holder? not much gonna happen in the very short time of future

 

Edited by Verrou
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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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Must admit VAWA was the first thing that occured to me.

 

If she has any sense she will have pulled the I 130 etc.

“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.”

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Ontarkie Grand Master

Ontarkie   14,217

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Filed: Citizen (apr) Country: Canada
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~~Moved to Effects of Major Family Changes, form AOS from W, S and T Visas - as similar threads are discussed here.~~

Spoiler

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Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
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Filed 10-17-10
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Filed 10-17-11
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Citizenship for older 2 boys

Filed 03/08/2014

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Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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Has your current wife informed you she is still supporting you in your journey for a green card or has she informed you she has pulled support? @cookvisa2022?

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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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6 minutes ago, Redro said:

Has your current wife informed you she is still supporting you in your journey for a green card or has she informed you she has pulled support? @cookvisa2022?

And if so why?

 

Could be an interesting interview.

“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.”

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OldUser Veteran

OldUser   6,608

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IMHO I-130 dies when marriage dies in most cases. And so I-485. Unless there's WAVA. Which is not in this case. OP's story doesn't look like IO would be thrilled to approve it even if victim spouse somehow supported it.

Edited by OldUser
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Boiler Grand Master

Boiler   45,445

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Filed: K-1 Visa Country: Wales
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4 minutes ago, OldUser said:

IMHO I-130 dies when marriage dies in most cases. And so I-485. Unless there's WAVA.

Well a lot of information left out so who knows?

“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.”

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OldUser Veteran

OldUser   6,608

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4 minutes ago, Boiler said:

Well a lot of information left out so who knows?

Agreed, though "the tourist visa -> quick marriage -> AOS -> domestic violence same month as petitions filed" is a bit dirty IMHO. That's why I said IMHO

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