Will my husband’s complicated criminal history affect my immigration cases?

[Limbo_4 0]

Hello everyone,

I’ve filed N-400 (5-year rule) while marriage based I-751 is still pending (36 months).
In 2020 I had my temporary green card approved after mutual interview at USCIS with my husband.

In the past 4 years my husband (the petitioner, 50 y.o. US citizen born in the US) had several misdemeanor and felony charges.
He didn’t have criminal records during 10 years prior to our marriage in 2019. Since 2021 he was arrested for Petit Theft – 3 times (shoplifting – Theft Forgery Fraud), Failure To Appear in Court, non criminal hunt fish licence, and recently for possession of drugs: Controlled Substance - Poss WO Prescription and Poss/Use Drug Paraphernalia.
FYI, I don’t have any criminal records, no traffic tickets, no parking tickets.

Will my husband’s complicated criminal history affect my immigration cases? What should I do to protect my cases from being scrutinized to ensure it's not a fraudulent marriage or denied? 

I’ve separated after his last arrest last week and I am thinking of divorce, but not sure yet.
If I decide to divorce, should I wait for N-400 interview and then file for divorce? Should I ask my husband to file for divorce now or should I file for it?

Thank you for your advice.
 

[Crazy Cat 42,473]

I moved this to the N-400 discussion area.  I don't see an issue with your N-400 filing, itself, under the 5-year rule.  The underlying I-751 might be an issue.   Is this a joint I-751 or did you change to a waiver since you are no longer together?  You could change to an I-751 waiver at the interview, but be sure to go well prepared to show you entered the marriage in good faith.

Edited yesterday at 02:54 PM by Crazy Cat

[OldUser 7,768]

You're in a tight spot. Your I-751 has been pending for a while and can be approved any moment without interview. This is the last thing you want if your marriage isn't working. Since you filed I-751 jointly and now separated, it's crucial to get divorced and notify USCIS you're switching to divorce waiver case.

 

Another danger is that you and your spouse can be called for I-751 interview. If you're separated, that would be really bad.

 

 

You may need to seek legal help from family lawyer (regarding divorce) and immigration lawyer (regarding I-751 and N-400).

[Limbo_4 0]

1 minute ago, Crazy Cat said:

Is this a joint I-751 or did you change to a waiver since you are no longer together?

it was a joint I-751 filed 3 years ago. It is still pending after 36 months!

I've separated only last week, thinking what to do.  I have not changed to a waiver yet

[Crazy Cat 42,473]

5 minutes ago, Limbo_4 said:

it was a joint I-751 filed 3 years ago. It is still pending after 36 months!

I've separated only last week, thinking what to do.  I have not changed to a waiver yet

I would immediately request to have the joint I-751 changed to a waiver case.  @OldUser stated it well.  If either party fails to attend a joint I-751 interview, USCIS will deny both the I-751 and N-400. 

Edited yesterday at 03:00 PM by Crazy Cat

[Limbo_4 0]

4 minutes ago, OldUser said:

Another danger is that you and your spouse can be called for I-751 interview.

thank you for your reply. We were interviewed in 2020 together. Can they call us for a second interview after looking at his  criminal history?

If I file for divorce, my husband definitely won't go for the interview. He does everything he can to make me mad -)

[Crazy Cat 42,473]

5 minutes ago, Limbo_4 said:

It is still pending after 36 months!

Take a look at my signature.....I know the feeling. 

[Crazy Cat 42,473]

1 minute ago, Limbo_4 said:

thank you for your reply. We were interviewed in 2020 together. Can they call us for a second interview after looking at his  criminal history?

If I file for divorce, my husband definitely won't go for the interview. He does everything he can to make me mad -)

Wait a minute.  What interview was in 2020?

[OldUser 7,768]

1 minute ago, Crazy Cat said:

Wait a minute.  What interview was in 2020?

I-485 likely?

[Limbo_4 0]

2 minutes ago, Crazy Cat said:

Wait a minute.  What interview was in 2020?

I-485 and I-130 we had a combo interview together with my husband in 2020, I got my first temporary green card.

[OldUser 7,768]

3 minutes ago, Limbo_4 said:

thank you for your reply. We were interviewed in 2020 together. Can they call us for a second interview after looking at his  criminal history?

 

Interview can happen whether you had I-485 interview in the past or not. And as I said earlier, if your I-751 gets approved on the wrong premise, you're in very bad position.

 

The wrong premise is if USCIS thinks you're living in bonafide marital union, but you're in fact separated and divorcing. Joint petition is not applicable to your case.

[Limbo_4 0]

10 minutes ago, Crazy Cat said:

If either party fails to attend a joint I-751 interview, USCIS will deny both the I-751 and N-400.

divorce can take months..... I think i should ask my husband to file for divorce HIMSELF to be on a safe side.

[Crazy Cat 42,473]

4 minutes ago, Limbo_4 said:

I-485 and I-130 we had a combo interview together with my husband in 2020, I got my first temporary green card.

OK.  Good.  Remember that the I-751 MUST be approved before an N-400 can be approved.  Combo interviews are very common now.  USCIS will expect you both to be there for a combo....and they will want to see you are living together up to that point (that is what our officer wanted to see at our combo interview).  I would go ahead and change to a waiver now.  This is not legal advice as I am not an attorney.  But it seems to be practical, imo. 

Edited yesterday at 03:11 PM by Crazy Cat

[Crazy Cat 42,473]

1 minute ago, Limbo_4 said:

I think i should ask my husband to file for divorce HIMSELF to be on a safe side.

That does not change anything.

[Limbo_4 0]

2 minutes ago, OldUser said:

The wrong premise is if USCIS thinks you're living in bonafide marital union, but you're in fact separated and divorcing. Joint petition is not applicable to your case.

Joint petition was submitted 3 years ago when everything was fine, i separated only 1 week ago.... I-751 people in my field office get approved after 12-24 months and my I-751 is 36 months already!