i am on a k-3 visa here in usa and my aos, i-130 and ead are pending
i have been arrest for 2 days by the police because of an assault charges (misdemeanor),b my wife not pressing charges because we were not fighting but the state still going with case,the court release on ROR and made a date for the court.
1)what is gonna happen to my status here in usa
2)is that will affect my pending cases
3) my wife not pressing charge can that help
4)can any body have experience with share please
please help

Sorry...I have no Idea

I can only give you my opinion on what might happen.

Chances are there won't be a decision on your case until this matter is completely resolved. Depending on the judge/state they may just reduce the assault charges to something lesser since it's a first offense (I suggest getting a lawyer, it would definitely be worth it). As long as you're not convicted for a crime of moral turpitude you'll be fine.

I would suggest you continue filing for AOS so that you're in the system and submit a police record in the mean time.

what you mean moral turpitude

Use a dictionary for that.

All youre cases are pending. Let them continue. See an attorney about your arrest. Most likely there will be no record for USCIS to be aware of, nor will you be asked about it. If you are asked, by all means tell the truth.

is there any chances that the court will dismiss the case since my wife not pressing charges

That depends on the prosecutor and the details of your case.

Chances are since they're going ahead and the charges haven't been dropped, there's going to be an arraignment (where they will tell you what you are formally charged with). A lawyer may be able to plea bargain to have you basically "paroled" for six months after which the charges will be dropped (if you're VERY lucky and they don't hit you with a lesser misdemeanor conviction).

is any thing of that will affect my status and pending cases

Since you're in the midst of the process you might catch a break and they ran your background check before this happened. But if you're asked in the interview about your arrest record you must answer honestly.

yes but you know they finger print and picture me that will appear onthe system

In domestic cases many states have taken the spouse out of the picture. So many spouses will not press charges. So if they saw any signs that you had been the aggressor they can file charges and proceed without your wifes cooperation. The fact you were arrested and jailed for 2 days indicates you left bruises. If the fight was minor ( no brusies on your wife ) you would probably be ordered to go to anger management classes. If you buised her then they may seek to convict you. As a first time offender you mail not serve much jail time but many states like to get that record that you have been physically agressive towards your wife so that any future events it will be easier to get a hard sentence.

there is no fight , we were just talking about a bill ,we really love each other so much
i do not know what gonna happen but my wife not pressing charges and she does not want the case to be dismissed, there is no buised on my wife
i never been arrest before in my life and this the first one and it will be the last ,and now i do not know what gonna happen i am on k-3 visa and all my cases are pending (aos,ead,i-130)
1)are they gonna make us appart (remove me from USA),or they are gonna deny the case and then deport me
2)will be able to adjust the status ,getting a green card

OK. You say that your wife isn't pressing the charges, but the State is proceeding with the case anyway. You also say that you were arrest for 2 days by the police. I presume that means that you spent time in jail, since you're now ROR?

Few questions:

1 - How did the police show up/ get involved? Did your wife call them or somebody else?

2 - Do you have a court date?

3 - How long have you been in the country? If you haven't been here that long and you're in trouble...well, that's not good.

4 - Do you have an attorney? And if not, why not?

A bit of advice. I would really be careful about constatntly asking if your wife dropping the charges will "help", particularly if you're ROR. That could lead to an inference by the prosecution of interfering and/or intimidating a witness, particularly if it was your wife who called the police. Bear in mind that the State is going ahead with the case anyway.

Can all this affect your pending cases? I would say that it could, yes. Does it mean you'd be deported? See my point 4 above - get a lawyer. This is no longer a straightforward immigration matter.

Well the police showed up for some reason.
Don't be in denial....police so not make arrests in such matters unless there are bruises, contusions, etc.
The fact that your wife does not want to press charges is irrelevant, as it is a crime against the people of the state, and they will continue in spite of her feelings.
They will probably offer you a chance to go to some kind of class for several months until you get it, and suspend the charges if you complete the course successfully.

I believe that the key definition is a conviction of a crime that could have resulted in a sentence of more than one year, whether or not you actually serve the sentence. The best advice is to get a lawyer and be sure to not plead guilty or nolo contendre to anything - A sentence of more than one year literally means 366 days. More than likely, immigration will not make a decision on your case until the criminal case is resolved and either dropped or you have a sentence.

Am I the only one that thinks its VERY WRONG TO LAY A FINGER ON YOUR SPOUSE???

You hit or did whatever you did to your wife in order for the police to arrest & hold you for 2 days. Yelling & screaming in a fight will not cause the police to haul you away with charges.

In my opinion, we have enough wife beaters or abusers in this country. So especially those that abuse those that helped them get here, K1, K3, whatever route, should be sent back.

Yes, I happen to agree. You are so worried about your status, you need to take some time to think about what happened here. You were discussing a bill? My husband and I discuss our bills as well, but the police never came out.

Shame on you.

Not to say that this is the case with your situation, but there are many abused women (and some men too) that do not press charges after having been the victim of egregious acts. It has a lot to do with fear of reprisal. The fact that your wife is not willing to press charges doesn't change the position the State might take.

Exactly. BTW, does your wife have any brothers? If she does - run. Very fast.

maybe the police were needed to help balance the checkbook?

in our home it would be does ur wife have any sisters run faster than u would from a brother

Ok seriously WHY did the police get called?...........What evidence do they have that u assaulted her?.............Just yelling at ur wife DOES NOT get u arrested!!!!..........someone had to have called the police thinking ur wife was in danger!
so forget about ur status and think about ur actions that brought this about..........were u intimidating her by ur actions in anyway?? if so u need help really.........did throw anything at her?
In our state once an arrest has been made it does not matter if the wife presses charges or not.........because in most instances in the past abused women have refused to press charges in fear that the husband/boyfriend will get out and do more damage.........so the state took that over it became a state affair once an arrest was made.................i think there is something lacking from this story plz tell us the complete story so that we can have a better idea but so far........im feeling that something is not right about this......something is lacking

Something is totally not right. Whatever he did, he did something wrong to his wife (police didn't stop by out of intuition) ... and he's not concerned with his actions, he's only worried about his status. I'm not worried about helping out a wife beater.

He mentions in every post that his wife will not press charges...as if that makes a difference. I'm glad to see that the option of pressing charges in domestic battery situations is taken out of the hand of the victim...at least in the OP's home state. I think there are some states where prosecution is still not automatic...it should be. IMO

-P

True. My sisters are very scary.

But compared to their brothers.......

I have worked with abused women and SHOCKER! Not one of them have ever pressed chargers on their abusers. Fortunately this does not make these sick and vile individuals any less responsible for their actions. Due to the nature of the crime battery charges do not require the victim to press charges if the police have enough evidence to proceed. Here in England the police are often accused of not responding hard or fast enough to these types of situations. I don't know what the process is like in America but I find it highly unlikely that the police would arrest and imprison someone for 2 days and further still continue with a prosecution if they had no evidence.

The first thing that struck me about this thread is how concerned you are about your immigration status. I think you ought to take a step back and have a good look at your situation. If you get angry enough about a bill to become violent towards your wife then your immigration status is the least of your problems.

I think not only should prosecution be automatic, but for those scums that come here to inflict pain on USCs, deportation proceedings should be also.

Ahhh there were no bruises on your wife. That must make it ok then.

Some people are shockers.

Hello Arrest records are on the computer. Judicial records come later. Cant hide much from immigration these days. everything is computerized. its all about FINGERPRINTS and thst is what they do b4 your booked and b4 you see your lawyer !!!

She shouldnt have called cops on him if she didnt mean to get him arrested. tricky chic

I don't believe the OP said that the wife was the one that called, he really didnt say who. They could have been so loud the neighbors called. Oh well, no need to speculate. Seems OP isnt coming back for more advice on how to evade being a wife beater.