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.

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

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.

Infopass appointments are made via online scheduler

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

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

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

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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

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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!

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.

None of this is true or accurate!

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.

You're wrong. Domestic Violence is subject for deportation. Its a Misdemeanor Battery. Especially when its someone with a Conditional Permanent Residency.

But the Misdemeanor in itself its not proof of Immigration Fraud.

She's already a permanent resident and she has not yet been convicted of anything. This is important. A misdemeanor battery charge may be cause (depending on how it shakes out in court) for her to be deported, but it might not. Misdemeanors aren't, usually. Domestic violence is a deportable offense if it's a class A misdemeanor or higher. Flores v. Ashcroft says that it's not necessarily a deportable offense if it's just misdemeanor battery.

If you're hoping you can get out of the I-864 and start over fresh by asking USCIS to deport someone based on an arrest alone, you're going to be sorely disappointed.

Removing conditions is dependent on her going into the marriage in good faith; if it ends in divorce, that is NOT proof of fraud. And deportation proceedings could take a while. It's not like they're going to send her on a plane tomorrow on your word or even on a conviction; as a permanent resident, she has a right to due process and to argue, that in the event she is convicted, that the misdemeanor battery charge does not indicate a crime of moral turpitude.

I'm not saying you should take her back or try to make the marriage work. You need to protect yourself. But USCIS might not be able to do anything to help you quickly, and if you're looking to move on with your life, you shouldn't pin your hopes on it being resolved quickly. It will be a court's call in the end.

Its funny because I've been googling all day and I came across the same info you're posting right now. Its actually kind of subject to the interpretation of the judge if to deport or not to deport. Because that "Flores v. Ashcroft" did not deport the person involved. But there have been other cases where the conviction did lead to deportation.

So you never know what can happen. I guess I'll learn alot once I go to USCIS on Friday. And like you said its something out of my hands.

thanx for the post, very helpful

I thought you said your appointment was on Wednesday.

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None of this is true or accurate!

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Thanks for correcting me, as ive said i'm not sure about it too its just my own opinion base on the vice versa on which the fiance/wife is the one being abused or mistreated. Have no direct intentions to give false info.

god bless!

If you divorce her she can file to remove condtions right away.
Beware as she may try and "turn things around" and accuse you of abuse so she can remove conditions.
Just a thought!

I think wimmen are more evil and spiteful then men, CYA.

And a very good thought. Keep in mind, she was arrested, not convicted.

I had to change it to Friday because I couldn't take the day off from work.

I have no doubt that she will probably try that.

I didn't mention that b4 this situation happened we had been seperated for about a month. Reason was that I left the house and was done with her. After 8 days that I was gone, she filed a Restraining Order on ME! "She turned things around" there. Luckily when we had the hearing infront of the judge she saw through the BS and did not extend the Order and dropped the whole thing....

That is why I'm not in a rush for anyone to get her out of jail. I'm sure she will be fighting this hard......

It's a very ugly situation this whole thing......

Exactly. Nothing has happened yet really. Things will become more clear when she gets her court date.

I was talking to the State Attorney's office today and they told me that she can get out 1 of 2 ways. (1) someone pays $1,500 bond. (2) "PreTrial Release" which means that she can be released by agreeing to submit to a program where she will follow up with an officer and report to that person until court date.

Thing is she has no one here. Only a cousin that doesn't want to get involved and her God Mother that lives like way up in Chicago that can't even come her to Miami until next week because she can't get out of work.

Unfortunatley (or fortunatley as some are telling me) she's going to have an extended stay in jail. Even if I wanted to get her out, I couldn't do it because I'm the victim....I was told she can be there up to 21 days.

Get a good FEMALE lawyer for the divorce.

HaHa. True! In fact the attorney that will be handling the case against her is a woman.

Damn! What a mess. Sorry to hear about this happening so soon after your marriage. This is why I think the 90 days should actually be 1 year. That would be much more time to really get to know your future spouse, if you're one of those couples marrying so soon after meeting. Or have spent very little time together. This seems to be happening alot lately. Good luck to you. And hopefully, she will be getting what she deserves. Back to S. America for her!!

I thought if you divorced her she would not get perminant residency and have to go back anyways. That was my understanding not concrete.

You are right. Divorcing before her conditions are removed is basis for her to be deportable because her Conditional status would then be taken away.

But there are ways around that. One being the restraining order that she "tried" to get on me. She could say that she entered into the marriage in good faith and that she was supposedley a "battered wife" while we were married. And then I would still have to be responsible for her financially during that whole time, which is exactly what I don't want.

Mystery -

I hope you understand what 'deportation' means.

It means somebody in authority has to actually come and look for her. Collect her, cuff her, transport her to holding and eventually put her on a plane.

There can be years between illegal presence and deportation.

It's been a while since I've read a member here so gleeful about their spouses actual stay behind bars. Your marriage must have been truly awful and/or your wife must have done something to truly scare you or physically hurt you.

Or your pride.

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.

Deportable offenses are a complex area of the INA, however, if the offense is not classified as a felony, and if it does not involve moral turpitude, chances are the alien would not be found deportable.

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 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.

Same here, If the case isn't dismissed I think anger management classes will be required. Then there is the issue of where she will live. Without friends or family she may want to return to columbia. This sure is a mess. Sad these things have to happen.

Not necessarily. It is upto USCIS whether grant her the permanent green card or deport her.

Diversion still shows up on your record; it's not a complete acquittal, or so it was explained to me by my DUI lawyer.

Or, you know, get to know the person before petitioning. If people have up to a year (much longer than any tourist visa) for a getting-to-know-you visa, you'll see a huge increase in fraud.

There is a case that says that misdemeanor battery can be grounds for deportation, but you're right that it's an exceedingly complex area of immigration law. Thing is, many jurisdictions have an automatic policy of charging anyone involved in a domestic dispute with domestic violence upon the phone call to the cops (I think the logic is to create a paper trail), so just the charge isn't proof of much of anything.

I perfectly understand what "deportation" means.

Do you know what "bodily harm" means?? Do you know what it means to have someone abuse you physically?? What it means to have bite marks and bruises on your body because the woman your brought to the US, the one you spent thousands of dollars on to marry is causing this to you???

I am not gleeful about her being behind bars at all. I'm actually very very sad that things turned out like this. And the only reason she is behind bars is because of her actions and attitudes towards me. Not my fault. NO ONE HAS A RIGHT TO INFLICT BODILY HARM ON ANYBODY. Much less your spouse, whom you claim to love.

Pride here has nothing to do with it.....

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....

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.

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.

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 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!!!????

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.

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

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.



That's true. No one does.

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.....