If you enjoy drama please read this

[Robert&Karen 264]

Hey all remember me? The drama king? Hey I should change my name here maybe. Maybe one of you experts can share with me what to expect next in the below scenario:

M+00 Got married.

M+05 Six months later she is charged with assault. Found not guilty (no evidence). Arrest is public record.

M+14 Adult child dies, she gets depressed.

M+17 Totals her car, kids taken by CPS. Arrested for child abuse, assaulting two cops, and DUI.

M+19 Ordered by court to go to AA/NA counseling. Kids remain with CPS. Visitation given.

M+20 Witnessed a murder.

M+21 Arrested for public intoxication.

M+21 Arrested for public intoxication again.

M+23 Time to file for removal of conditions. She ignores the paperwork I printed out for her, already filled in.

M+25 Back to court for the kids. She has failed to attent a single class. Kids not returned.

M+26 She now vigorously attends the classes. And stops drinking. Like is VERY GOOD with her sober.

M+27 Another court date on the M+17 issue. Another delay. Several actually.

M+30 Brings us up to today. Kids with CPS. Green cards expired. Issues with child custody. Issues with arrests.

....to be continued. How do you see this going, best and worst case scanarios?

[Harpa Timsah 13,258]

Are you still married?

It sounds like she has a serious drinking problem. Like she needs to go to full-time treatment, for 3 months or more. And thereafter get day treatment, etc. Have you looked into something like that? She's not caring for her kids so now would be a good time.

Is your question about ROC? She can file late and beg them to accept it; otherwise once her GC is expired her LPR is cancelled and removal proceedings are started. I am not sure how her crimes would fit into her immigration.

I don't enjoy drama btw

Edited April 21, 2014 by Harpa Timsah

[christeen 966]

Best case Universal pictures hires a great screenwriter and top notch actress and you get a great consultation gig to make sure all the events are portrayed accurately... Wort case... It ends up as a Netflix only drama series available online only with no royalty rights...

Seriously, what do you want someone to say? It sounds like a train wreck and having demonstrated sobriety and adherence to requirement for a mere 4 months out of 30 it seems that there is a long way to go.

[PallasAthena 101]

Was she ever charged with a felony? I mean assaulting cops, child abuse, and even multiple DUIs? I am surprised that she wasn't hit with a deportation order.

I don't think this will look good for ROC. I would think they would deny it. There is also the issue that her conditional GC expired.

If she wants to stay, I think the best course of action is to retain a lawyer. I don't think this is an easy case.

I don't enjoy drama, either.

Edited April 21, 2014 by SofiaIsabella

[Hypnos 6,576]

I hope you have a great lawyer; if you don't, find one.

[aussie_jason 195]

http://www.nolo.com/legal-encyclopedia/crimes-that-will-make-immigrant-deportable.html

She would seem to qualify in multiple instances, I can't see this ending well.

[Robert&Karen 264]

Jason thanks for the link.

I did leave a few more dramatic bits out. I have folks at work saying theyld totally watch my life as a Reality Show. Yep still married. She has no convictions, just arrests, as of now.

Also she knows drinking is an issue, she stays sober and is great. A real Dr Jekyl / Mr Hyde. Staying off the booze is actually easy if you just want it and not need it. I wish she could stay off cigarettes!

All lawyers want $$$ just to tell you they cannot predict the future.

So, since the did not file for the AOS, how long do you think until we hear from USCIS asking us what's the deal?

[belinda63 2,981]

Provided your address is up-to-date with them I would expect the letter any day now. Actually I'm surprised you haven't already received it.

[Hypnos 6,576]

ICE aren't going hunt her or her children down, but they are out of status and could be detained by ICE at any time. Following an arrest, your wife may have an immigration hold placed upon her by ICE, which would mean after she was released from police custody she would be detained by ICE instead. This would likely be extremely unpleasant, and would result in her appearing in immigration court.

The ultimate worst case scenario is that they would be deported back to the UK. The children will accrue no illegal presence until they turn 18, but they are still out of status, as is your wife.

Given the extremely challenging circumstances, I think there's at least a chance that USCIS might accept a late RoC application. You would need to enclose a written explanation of why the filing was late, together with any supporting documentation (court records, treatment reports, etc.). I certainly wouldn't pursue that without talking to a lawyer though, as right now you're about as far away from a DIY case as it's possible to get.

Her public intoxication arrests might also expose her to the "habitual drunkard" provisions too, which could render her inadmissible. The bottom line is you have so many problems that you require competent (read: expensive) legal assistance. Good luck.

Edited April 21, 2014 by Hypnos

[flora01 37]

Its too much for a normal spouse to go through,great effort to be still married to her.

If green card already expired,its gonna be too tough to remove conditions.I am not in the favor of lawyer either,they will just see opportunity to ask big amount,which is not gonna assure the ROC.

[Harpa Timsah 13,258]

The current thought about addiction as far as I understand is that it is not something you can just stop because you want to. So even if she knows she has a problem it is not a matter of "wanting it enough." Instead, she is incapable of controlling whatever aspects of her life that are in disarray and will always return to alcohol. In treatment, she would get full time help to address these issues and the underlying causes, and explore her relationship with alcohol and the outside world.

I highly suggest that you get her treatment instead of just leaving her to own devices and trying to have her go cold turkey on her own.

Covering up for her is called "enabling" and often required outside help too.

[PallasAthena 101]

Jason thanks for the link.

I did leave a few more dramatic bits out. I have folks at work saying theyld totally watch my life as a Reality Show. Yep still married. She has no convictions, just arrests, as of now.

Also she knows drinking is an issue, she stays sober and is great. A real Dr Jekyl / Mr Hyde. Staying off the booze is actually easy if you just want it and not need it. I wish she could stay off cigarettes!

All lawyers want $$$ just to tell you they cannot predict the future.

So, since the did not file for the AOS, how long do you think until we hear from USCIS asking us what's the deal?

Why not call and ask USCIS or make an infopass appointment and both of you go in and speak to someone there?

[Hypnos 6,576]

USCIS cannot and will not give you legal advice. I would not be doing anything to put her on their radar at the current time.

[Robert&Karen 264]

Harpa, I have seen addicts who drink too much and i have seen asses who drink too much. She is the latter. Which makes her mean and spiteful rather than unable to control herself. Which is worse? She has had a lot of couseling and medical services (much of it not covered by insurance so I end up paying twice) and while the alcohol is in th elast, that is but a small bite.

Sofia, I have been tempted to call USCIS but since we're so far after the AOS date I wonder if it is better to wait until as much dust settles as possible so that when we do get called in there will be less going on? For example if miracles happen and all charges are dismissed, that would look much better to USCIS. I'm not hoping for much, but at this point things cannot get worse, assuming she is really done breaking the law.

[Novembro 1,763]

Ooof, you're a patient one.