Help

[TheJollyRajah 14]

My fiance came here from the Philippines on a K! visa. It expires on April 25. We did get married last week. But my wife also got arrested last week for domestic violence. I was the victim. We haven't filed AOS yet, and we are worried that on May 17 (our court date) she will be deported. It's only a misdemeanor and I don't want to press charges. Should I file AOS right away even if I don't have all my papers together? If I get an RFE I can always fix it later. Should I hire a lawyer?

[Cheezees 1,514]

Honestly, I would suggest hiring a divorce lawyer. DV is no way to start a marriage nor an AOS application.

[Georgia16 2,858]

Seems from your timeline you knew she had a troubled past.

I would highly suggest you to think about if this is a life you want for yourself and you deserve.

If you still want to continue then yes I would hire a lawyer in this case.

[LionessDeon 2,060]

Alot to deal with so soon. Marriage and DV in the same week.

I would not purposely turn in an incomplete AOS packet. You could be outright denied. Seems like you need to handle the DV case first.

Hope it all works out for the best. Good Luck!

Edited April 19, 2016 by LionessDeon

[EM_Vandaveer 2,364]

If you are sure you want to continue your marriage, hire a criminal lawyer who is knowledgeable about immigration. Often the lawyer advises their client to plead guilty as part of a deal, etc. this can have dire consequences for immigration. Tread carefully.

Research domestic violence & CIMT (crime involving moral turpitude). CIMT is ground of deportability.

By the way, she would not be deported by that court. It would happen later, by an immigration court.

Check out this link:

http://nortontooby.com/topics/domestic_violence

Edited April 19, 2016 by EM_Vandaveer

[almost_umrican 53]

My fiance came here from the Philippines on a K! visa. It expires on April 25. We did get married last week. But my wife also got arrested last week for domestic violence. I was the victim. We haven't filed AOS yet, and we are worried that on May 17 (our court date) she will be deported. It's only a misdemeanor and I don't want to press charges. Should I file AOS right away even if I don't have all my papers together? If I get an RFE I can always fix it later. Should I hire a lawyer?

Honestly, I would suggest hiring a divorce lawyer. DV is no way to start a marriage nor an AOS application.

wow, this is ludicrous. The husband is still trying to get the things to work and talking about not pressing charges and you are advising them to file for divorce ? kudos to the husband for not being the other usual USC spouses who beat the drum and rant about a suspected immigration fraud even if something petty happens. my advice for the husband will be to try to make things up mutually if you can.

[EM_Vandaveer 2,364]

AOS may be possible. Get the packet together as soon as you can. Also, you should probably hire an immigration lawyer.

[EM_Vandaveer 2,364]

Depending exactly what she'll get convicted of it may be grounds for deportability but NOT inadmissibility meaning she could AOS. Like I said it would be a good idea to use a COMPETENT immigration lawyer for this.

[Cheezees 1,514]

wow, this is ludicrous. No, it isn't. The husband is still trying to get the things to work and talking about not pressing charges and you are advising them to file for divorce ? Yes, imagine that! kudos to the husband for not being the other usual USC spouses who beat the drum and rant about a suspected immigration fraud even if something petty happens. (Petty? As a victim of domestic violence I'll have you know it is NEVER petty and in fact a very serious matter. My advice to reconsider marriage still stands.) my advice for the husband will be to try to make things up mutually if you can.

OP, I know hindsight is 20/20. But a bit of foresight is good too. Again, this is no way to start a marriage, the AOS, or continue a relationship. I have to say I was a bit disturbed by your saying "It's only a misdemeanor...". Good luck!

[N-o-l-a 7,167]

wow, this is ludicrous. The husband is still trying to get the things to work and talking about not pressing charges and you are advising them to file for divorce ? kudos to the husband for not being the other usual USC spouses who beat the drum and rant about a suspected immigration fraud even if something petty happens. my advice for the husband will be to try to make things up mutually if you can.

If it were an American woman in his shoes people would be all over it telling her to go to a shelter and get a protection order. But, because he is a man, they should try and work it out?

[almost_umrican 53]

If it were an American woman in his shoes people would be all over it telling her to go to a shelter and get a protection order. But, because he is a man, they should try and work it out?

no, you guys failed to understand my point.

[Ana y Leo 9]

Depending on your state domestics charges are filed whether you want it or not once the police come out and someone's in custody.

If you feel you want to continue with your wife it will be costly now you'll need legal help. In my state they don't let you pled guilty until you seek legal advice if deportation can be the end result.

This is gonna be tough best of luck to you and your wife hope it works out for the best. ???

Edited April 19, 2016 by Ana y Leo

[alebrije 15]

no, you guys failed to understand my point.

Which was to encourage someone to stay in an abusive relationship?

[Merrytooth 5,748]

If the domestic abused victim is the immigrant, the advice will be to leave the USC, file for VAWA!

[QueenComley 295]

no, you guys failed to understand my point.

There is domestic violence taking place in their marriage. This is nothing to take lightly and its likely to get worse. Imagine your brother/sister/son/daughter being assaulted by their partner a week into married life? You would tell them to run for the hills im sure.........