Wife is in Jail w/ misdemeanor

[Caladan 19]

You're angry, and you have every right to be, but USCIS is not a taxi service.

[rebeccajo 14]

This is absolutely incorrect, Mystery. Please don't confound issues! An alien can successfully preserve permanent residency if he or she divorces prior to the "conditions" being removed from residency. All that is required to preserve residency is evidence that the alien entered the marriage with bonafide intent. There are no restrictions placed upon an alien to remain married until the conditions are removed.

I would like to know where you got this information because I have understood it differently. I'm not saying your totally wrong here, because I know that there are ways to still stay in the US even after a divorce happens....But Marriage itself is the criteria to remove conditions. After divorce then the alien would have to go far out to explain the reason for the divorce, etc..etc....

You're right. Marriage is the criteria. A bonafide entry into a marriage.

The fact the marriage is over complicates an adjustment, but it doesn't automatically obviate it.

NO ONE HAS A RIGHT TO INFLICT BODILY HARM ON ANYBODY. Much less your spouse, whom you claim to love.

That's true. No one does.

[mystery 0]

but USCIS is not a taxi service.

No they're not. Their in charge of upholding Immigrational Law and to make sure those that are aliens/immigrants follow them.

[Caladan 19]

but USCIS is not a taxi service.

No they're not. Their in charge of upholding Immigrational Law and to make sure those that are aliens/immigrants follow them.

And she hasn't violated any immigration law. The DV charge may end up putting her in deportation proceedings. Maybe. But absent that, she hasn't violated any statute. Like I said, you're very angry, and it sounds like you have every right to be, but USCIS isn't going to deport her just because your marriage didn't work out and it cost you a lot of money. For your own sake, don't hang your future happiness on her possibly getting deported.

[mystery 0]

but USCIS is not a taxi service.

No they're not. Their in charge of upholding Immigrational Law and to make sure those that are aliens/immigrants follow them.

And she hasn't violated any immigration law. The DV charge may end up putting her in deportation proceedings. Maybe. But absent that, she hasn't violated any statute. Like I said, you're very angry, and it sounds like you have every right to be, but USCIS isn't going to deport her just because your marriage didn't work out and it cost you a lot of money. For your own sake, don't hang your future happiness on her possibly getting deported.

Yea I hear you. I am very angry, but I'm also so so sad, hurt, disappointed, depressed, confused, down and in so much pain that words cannot describe how I feel.....

[simple_male 1]

but USCIS is not a taxi service.

No they're not. Their in charge of upholding Immigrational Law and to make sure those that are aliens/immigrants follow them.

And she hasn't violated any immigration law. The DV charge may end up putting her in deportation proceedings. Maybe. But absent that, she hasn't violated any statute. Like I said, you're very angry, and it sounds like you have every right to be, but USCIS isn't going to deport her just because your marriage didn't work out and it cost you a lot of money. For your own sake, don't hang your future happiness on her possibly getting deported.

Yea I hear you. I am very angry, but I'm also so so sad, hurt, disappointed, depressed, confused, down and in so much pain that words cannot describe how I feel.....

You have every right to be upset. You do your part and then let USCIS decide what they want to do.

Edited November 20, 2007 by simple_male

[Peggy 1]

Sorry to hear this has happened.

[diadromous mermaid 36]

This is absolutely incorrect, Mystery. Please don't confound issues! An alien can successfully preserve permanent residency if he or she divorces prior to the "conditions" being removed from residency. All that is required to preserve residency is evidence that the alien entered the marriage with bonafide intent. There are no restrictions placed upon an alien to remain married until the conditions are removed.

I would like to know where you got this information because I have understood it differently. I'm not saying your totally wrong here, because I know that there are ways to still stay in the US even after a divorce happens....But Marriage itself is the criteria to remove conditions. After divorce then the alien would have to go far out to explain the reason for the divorce, etc..etc....

I got that information from the statutes. Google INA Section 216 or the Code of Federal regulations, 8 CFR 216, to see that removing conditions can be done by an alien, without the USC petitioner, in the event of a divorce. I think you are confusing the initial "adjustment of Status" and "removal of conditions". Yes, the initial adjustment of status from non-immigrant (which is what a K-1 visa is) to permanent resident, under the marriage-based calssification, requires a viable marriage. Viable, in immigration terms at that stage of the process, means a marriage that is bonafide; a marriage between an alien and a US citizen petitioner which is sustaining, and into which the alien entered in good faith. Thereafter, however, once the adjustment of status has been approved, that marriage is no longer required to be "sustaining", just that it was legitimate. Should that marriage then terminate, all the alien must be able to do, in order to continue the path to secure permanent residency without "conditions" is to demonstrate that he or she genuinely entered into the marriage and that the marriage was not solely a tool to gain residency.

[mystery 0]

Diadramous- Thank you very much. That was great info. I will be looking that up.

[JenT 0]

You have every right to be upset. You do your part and then let USCIS decide what they want to do.

[archie07 0]

She may never be convicted of anything. In cases of DV, the courts will offer you an opportunity to attend classes regarding DV in lieu of a conviction on your record. If she successfully completes, then the court will drop the charges.

This is in the jurisdictions where I have lived.

This is very true. But here in Florida they need permission from the victim to be able to get this help. Here it is called "Pretrial Diversion"(or maybe "PreTrial Intervention).

I have the option of telling the State Attorney that I would not like this to be offered and to proceed with the charges.

I know it sounds very cruel but her violence towards me was NOT a one or two time thing. It happened over a 9 month period. An average of 3 times a month or maybe even more. I NEVER even thought of having the law get involved and that is why I NEVER called the police. I tried to understand her and help her. And she got worse with time.

We seperated for about 30 days and in those 30 days she put a "Restraining Order" against me!!!! Lied all the way through to get back at me. Luckily it got thrown out.

We then got back together and tried to work things out and then "bam" she did it again and I had to call the police. Maybe this will help those that are judging me , to understand how I feel and why I'm doing what I'm doing.

It's PreTrial Intervention in florida and you'll talk to the Assistant State Attorney. Did the police document the fact you had teeth marks in your neck? If so, there is a possibility the prosecutor may also request probation along with the anger management classes.

[archie07 0]

Battery (hitting)

Misdemeanor, Up to $1000 Fine &/or 1 Yr. in Jail

Florida Law

[mystery 0]

It's PreTrial Intervention in florida and you'll talk to the Assistant State Attorney. Did the police document the fact you had teeth marks in your neck? If so, there is a possibility the prosecutor may also request probation along with the anger management classes.

Yes you are correct. I already spoke to the State Attorney yesterday and she was just getting my version of events and the history of violence that she's had.

Since she's a first time offender they can offer her the PreTrial Intervention but they need the victims consent. I told them that I did not want them to offer her that. It's painful for me to have made that decision and I've been so distraught over it, but it has to be done.

And to answer your question, yes the police did note the bit marks and they took photographs of me and my bite and scratches.....Its all in the report.

[dawnnhatem 0]

This is so sad. If she is dangerous and you really fear for your safety, then I guess behind bars is the only place for her....but between this and your other post I'm really seeing that you are more mad at her than scared of her...I don't know either one of you but she is alone in a strange country, now stuck in a strange jail and a system that she probably doesn't understand...I just can't imagine how scary that is and its soooo wrong if you are putting her through this and letting it continue just to win your argument or say f-u louder. I mean, you won. You got to document being the victim first. Ok, she'll have a hell of a time staying legal. She knows that if she tries to hold you to support you've prepared to fight that. By now she's been briefed on what happens to her if she touches you again. If you are really afraid of her hurting you, don't do anything, but if you are just making sure you"win", you gotta make this stop. Get her out. Divorce her if you are going to. Move on. Let her worry about her status. Maybe the 864 will come back at you, maybe it won't but you signed it. With your head on straight you said you loved her and you signed it. Might have been a mistake, but you knew what you were signing. You have to move on. I'm sure this isn't going to be a popular position to take, but I'm feeling bad for her (well, both of you, actually) Obvioulsly, you are both hurting, so start making the hurting stop. I hope you guys can find a way to stop hurting each other. Neither one of you really wins til you do.

Thank you for your comment.

I am both mad and somewhat scared. But not scared for my life. More like scared of the legal consequences I will have with her. I'm being honest here.

She is still in JAIL for that??? Why shouldn't you have consequenses?? This is your mess too.

Here is how I feel. I did EVERYTHING for my wife. Dated her for 2 years, visited her every 2 - 3 months, spent thousands on phone calls, brought her here, married her and have done absolutley everything for her. Paid for English

Why is my gut telling me that if her english was better she wouldn't be locked up alone?classes, bought furniture. etc....etc....etc.....

Now our marriage is practically finished because of her violent behavior and now I'm going to have to MAINTAIN HER and PAY FOR EVERYTHING else she decides to do here in the US, just because I signed an Affidavit of Support!!!????

Hello, you knew what the 864 was when you signed it, and I think you know that it doesn't entitle her to "everything else she wants in the US"

In other words not only did I bring her here with my money and effort, but I"m going to have to maintain her economically after marriage (that she ruined) while she lives here comfortably as if NOTHING happened all with my hard earned money???? I"m sorry but NO.

Put yourself in my shoes and lets see how any of you would feel.

What makes you think noones ever worn those shoes? I know exactly what its like to have a situation deteriorate while anger escalates to the point of doing crazy crazy things to each other. I understand wanting the bigger f-u in a fight. So I can see getting her arrested and maybe an overnight to cool off. But to let it continue, oh my god....how do you sleep? I'm postig because I DO know that at some point you have to stand back and see if what you are doing to someone is right. She is in jail because you don't want to face consequenses of your decisions and actions. You want her to swallow all the consequences of a failed marriage and that is not right. This is your mess too.

[dawnnhatem 0]

I should add that I don't condone violence, its never called for its never right.....but to ruin her life for a jammed pinky and some scraches???? You had a fight. People fight.