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.