Wife is in Jail w/ misdemeanor

[mystery 0]

I posted a while ago about problems I've had with my wife.

Here is a new problem ( and a good one):

My wife had been continuously violent since I married her. On Thurs I called the cops and they arrested her and are charging her with "Battery" which is a misdemeanor. I will be filing for divorce.

My question is what happens to her Conditional Residency Status which expires on June 2009??

To make this topic short. I want her a$$ to be deported back to Colombia. And I have read that because of a misdemeanor a person in her status will have her Conditional Residency removed meaning she would have to leave the US.

Anybody have any knowledge about a situation like this?? I want to call USCIS and let them know but I can never get a live person on the phone.

Any suggestions will be apreciated.

[Kez/JWolf 6]

Sorry dont know what effect her arrest will have on her status but if I were you I would be making an infopass appointment at my local USCIS office and explain the whole thing to them...

Good Luck and Keep safe...

Kez

[mystery 0]

How can I go about doing that?? Its so hard to get in touch with these guys!! Please if anyone has any info I would apreciate the help.

[payxibka 10,045]

Infopass appointments are made via online scheduler

[mystery 0]

Thanx for the info guys. I went to USCIS.gov and made an apt for this Wed. Pretty quick!

Any other info you guys can give I would apreciate it. Thanx again

[Ban Hammer 13,144]

Thanx for the info guys. I went to USCIS.gov and made an apt for this Wed. Pretty quick!

Any other info you guys can give I would apreciate it. Thanx again

i can think of a few, mostly financial:

- do you have a joint checking account or joint credit cards? any credit cards in her name? if so, you need to get the cards cancelled and the account changed so you don't get a big surprise.

- what are the laws in your state regarding her living there? with this incident can you get a restraining order on her so she does not reside there and so you don't have to jump through hoops to get her evicted? if so, also consider changing the locks.

- does she drive? does she have a car? do you have insurance on the vehicle? if so, up the insurance just in case.

[mystery 0]

Thanx for the info guys. I went to USCIS.gov and made an apt for this Wed. Pretty quick!

Any other info you guys can give I would apreciate it. Thanx again

i can think of a few, mostly financial:

- do you have a joint checking account or joint credit cards? any credit cards in her name? if so, you need to get the cards cancelled and the account changed so you don't get a big surprise.

- what are the laws in your state regarding her living there? with this incident can you get a restraining order on her so she does not reside there and so you don't have to jump through hoops to get her evicted? if so, also consider changing the locks.

- does she drive? does she have a car? do you have insurance on the vehicle? if so, up the insurance just in case.

I already cancelled her Credit Cards (Debit Card). We do have a joint account which I will be going to the bank to getting her off it.

She automatically gets a restraining order for what happened. So she cannot contact me or get close to me whatsoever

And no, she does not drive nor have a car. All she has is a cousin that she barely knows here, and I have a feeling that she doesn't even want to get involved. So she literally would have no where to go. Thats why I I'm so adamant for her just going back to Colombia and stay with her family there.

Its a pretty complicated situation.

Thanx for responding

[payxibka 10,045]

I already cancelled her Credit Cards (Debit Card). We do have a joint account which I will be going to the bank to getting her off it.

A joint account is exactly that a joint account... I think the only way of "getting her off of it" will consist of closing the account

[rebelheart 0]

After 2 years of marriage , both of you need to file for Removing of Condition. Since your filing for a divorce and there's a filed misdemeanor offense of her within your marriage, by holding conditional status via fiance visa, it's record for her in USCIS.

But for you to deport her and cancel your responsibility on her for staying here for conditional status. It's still in your jurisdiction for the filing of Removing of Condition for her to get a Permanent Greencard to stay free here in the US. Why is it in your jurisdiction, because you will be the one filing for or with her to remove her condition from temporary to permanent. It's been shown that fiance beneficiary should be married 2 years in able for her to get a permanent status because within those 2 years she still in your care and financial support as an immigrant that's why you need to prove in USCIS that your still married and living together within those 2 yrs. When she get her 10 yr greencard which is the Permanent status, that's make her more legal and legal immigrant so to speak.

If you file for a divorce and report everything to the USCIS that your not taking responsibilities for her removing of condition because of domestic violence but in this part it's vice versa .... you the petitioner has been battered and not her as the beneficiary. If she entered in US as fiance visa and got divorce prior to her 2 yrs of marriage, you could request her to be deported to file for report since you are the one applied for her visa to come to US.

So make an infopass to your immigration office in your area, don't make a phone call. Make it a written letter why you wanted to deport her and your other concerns. And attached all the police report and whatever details/reports you could attached. She cannot remove her condition without your help or your means, unless she could remove it by herself only if she could afford to, and/or she could make it a reason that she's entitled with it in good faith or she is been abused or battered. BUT in your case, you are the one being battered, you are the petitioner, and you want to be out of responsibilities for her being here in the US.

These are only ideas of mine, on been reading of ways to remove condition. So if anyone find it wrong correct me please, So i guess she doesn't have any means to do that anyway. since she got a misdemeanor offense by law and with a restraining order too meaning its been justified that she's a treat to you.

[mystery 0]

After 2 years of marriage , both of you need to file for Removing of Condition. Since your filing for a divorce and there's a filed misdemeanor offense of her within your marriage, by holding conditional status via fiance visa, it's record for her in USCIS.

But for you to deport her and cancel your responsibility on her for staying here for conditional status. It's still in your jurisdiction for the filing of Removing of Condition for her to get a Permanent Greencard to stay free here in the US. Why is it in your jurisdiction, because you will be the one filing for or with her to remove her condition from temporary to permanent. It's been shown that fiance beneficiary should be married 2 years in able for her to get a permanent status because within those 2 years she still in your care and financial support as an immigrant that's why you need to prove in USCIS that your still married and living together within those 2 yrs. When she get her 10 yr greencard which is the Permanent status, that's make her more legal and legal immigrant so to speak.

If you file for a divorce and report everything to the USCIS that your not taking responsibilities for her removing of condition because of domestic violence but in this part it's vice versa .... you the petitioner has been battered and not her as the beneficiary. If she entered in US as fiance visa and got divorce prior to her 2 yrs of marriage, you could request her to be deported to file for report since you are the one applied for her visa to come to US.

So make an infopass to your immigration office in your area, don't make a phone call. Make it a written letter why you wanted to deport her and your other concerns. And attached all the police report and whatever details/reports you could attached. She cannot remove her condition without your help or your means, unless she could remove it by herself only if she could afford to, and/or she could make it a reason that she's entitled with it in good faith or she is been abused or battered. BUT in your case, you are the one being battered, you are the petitioner, and you want to be out of responsibilities for her being here in the US.

These are only ideas of mine, on been reading of ways to remove condition. So if anyone find it wrong correct me please, So i guess she doesn't have any means to do that anyway. since she got a misdemeanor offense by law and with a restraining order too meaning its been justified that she's a treat to you.

Great response. Thank you so much.

I made an appt with USCIS. I had to change it to Friday because I couldn't take the day off from work. I like your idea of the letter. I will be getting a police report and another report I filed about a month ago. And presenting it all. I'm sure I'll get alot of my questions answered there.

I also called ICE (Immigration and Code Enforcement) and informed them as well. This is the branch that actually "removes" or "deports". And they can do so even without a court order. I just found that out.

It's funny how about a year ago I was on here trying to get my then-fiance here to the US as quick as possible and now I'm back trying to get her back to Colombia as quick as possible. Life is very funny.

Any more info would be greatly appreciated. I will also share any info I learn on the way and let you guys know what happens. As of now she is sitting in jail with a $1,500 bond that I cannot pay even if I wanted to because I am the victim. And she has no family except a cousin that I doubt has any money and that she hardly knows. Crazy and very sad.

Thanx again all

[rebelheart 0]

Great response. Thank you so much.

I made an appt with USCIS. I had to change it to Friday because I couldn't take the day off from work. I like your idea of the letter. I will be getting a police report and another report I filed about a month ago. And presenting it all. I'm sure I'll get alot of my questions answered there.

I also called ICE (Immigration and Code Enforcement) and informed them as well. This is the branch that actually "removes" or "deports". And they can do so even without a court order. I just found that out.

It's funny how about a year ago I was on here trying to get my then-fiance here to the US as quick as possible and now I'm back trying to get her back to Colombia as quick as possible. Life is very funny.

Any more info would be greatly appreciated. I will also share any info I learn on the way and let you guys know what happens. As of now she is sitting in jail with a $1,500 bond that I cannot pay even if I wanted to because I am the victim. And she has no family except a cousin that I doubt has any money and that she hardly knows. Crazy and very sad.

Thanx again all

Sorry to hear your trouble really ....... I just gave info's to you because your reason is valid ... having been jailed with restraining order it means she is really a threat in you.

I had heard it to some people too, about hubby threatning wife for deportation because they are the one who gave you the visa to enter US. I believe in good faith and when a wife who being given a visa are being abused or a battered wife, I believe she is entitled for a permanent status. But It's been justified in your case that you are entitled to deport her and do so for your safety.

God bless!

[Kez/JWolf 6]

The USC can not request his wife be deported all he can do is keep USCIS & ICE informed of the situation and it will be up to them what happens to his wife in regard to her immigration status...

The OP will still be her sponsor until one of the following happen:-

1. She has earned 40 SSA credits from work or has gained 40 SSA credits from an immidiant relative.. (4 credits = 1 year)

2. She becomes a Citizen

3. she dies

4. He dies

5. She leaves the USA

Until anyone of the above happen he is still legally her sponsor and can be asked to repay any Government funds she may claim...

Kez

[mystery 0]

The USC can not request his wife be deported all he can do is keep USCIS & ICE informed of the situation and it will be up to them what happens to his wife in regard to her immigration status...

The OP will still be her sponsor until one of the following happen:-

1. She has earned 40 SSA credits from work or has gained 40 SSA credits from an immidiant relative.. (4 credits = 1 year)

2. She becomes a Citizen

3. she dies

4. He dies

5. She leaves the USA

Until anyone of the above happen he is still legally her sponsor and can be asked to repay any Government funds she may claim...

Kez

Right. I had heard about the 40 credits thing. This is one of the reasons why I'm going to fight so hard to get her out. She does not deserve any of this because of how she mistreated me. Esp after everything that we the US Citizens go through to bring them here.

I will be informing them everything. I just read that Domestic Violence IS a basis for "deportation". And I'm hoping that the USCIS will do something about it once I present it to them.

Thanx for your response.

[diadromous mermaid 36]

After 2 years of marriage , both of you need to file for Removing of Condition. Since your filing for a divorce and there's a filed misdemeanor offense of her within your marriage, by holding conditional status via fiance visa, it's record for her in USCIS.

But for you to deport her and cancel your responsibility on her for staying here for conditional status. It's still in your jurisdiction for the filing of Removing of Condition for her to get a Permanent Greencard to stay free here in the US. Why is it in your jurisdiction, because you will be the one filing for or with her to remove her condition from temporary to permanent. It's been shown that fiance beneficiary should be married 2 years in able for her to get a permanent status because within those 2 years she still in your care and financial support as an immigrant that's why you need to prove in USCIS that your still married and living together within those 2 yrs. When she get her 10 yr greencard which is the Permanent status, that's make her more legal and legal immigrant so to speak.

If you file for a divorce and report everything to the USCIS that your not taking responsibilities for her removing of condition because of domestic violence but in this part it's vice versa .... you the petitioner has been battered and not her as the beneficiary. If she entered in US as fiance visa and got divorce prior to her 2 yrs of marriage, you could request her to be deported to file for report since you are the one applied for her visa to come to US.

So make an infopass to your immigration office in your area, don't make a phone call. Make it a written letter why you wanted to deport her and your other concerns. And attached all the police report and whatever details/reports you could attached. She cannot remove her condition without your help or your means, unless she could remove it by herself only if she could afford to, and/or she could make it a reason that she's entitled with it in good faith or she is been abused or battered. BUT in your case, you are the one being battered, you are the petitioner, and you want to be out of responsibilities for her being here in the US.

These are only ideas of mine, on been reading of ways to remove condition. So if anyone find it wrong correct me please, So i guess she doesn't have any means to do that anyway. since she got a misdemeanor offense by law and with a restraining order too meaning its been justified that she's a treat to you.

None of this is true or accurate!

[diadromous mermaid 36]

I posted a while ago about problems I've had with my wife.

Here is a new problem ( and a good one):

My wife had been continuously violent since I married her. On Thurs I called the cops and they arrested her and are charging her with "Battery" which is a misdemeanor. I will be filing for divorce.

My question is what happens to her Conditional Residency Status which expires on June 2009??

To make this topic short. I want her a$$ to be deported back to Colombia. And I have read that because of a misdemeanor a person in her status will have her Conditional Residency removed meaning she would have to leave the US.

Anybody have any knowledge about a situation like this?? I want to call USCIS and let them know but I can never get a live person on the phone.

Any suggestions will be apreciated.

Granted, a person who inflicts physical and emotional harm on another is someone to be steered clear of, but that doesn't mean the person committed immigration fraud. Why would you have the right to subject her to deportation, if the "crime" she has committed doesn't necessarily mean that she would be suject to deportation?

Divorce her. Maintain a TPO, or any protection order against her by all means. Byeond that, let USCIS decide what her fate should be.