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Michy

Effect of Restraining Order on husbands Interview?

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My husband is here on a K3 visa. We got into a fight, he was arrested and now I have a restraining order for 2 years against him. At his arrest he was not convicted because of lack of evidence. We want to work the marriage out but unable to drop the order because of legal reasons. We have a 2 year old together, I have full custody. I am allowed to go with my husband anywhere for immigration purposes per the restraining order, and his Adjustment of Status interview is coming up. We no longer live together because the restraining order prevents it, will this have a bad effect on his AOS interview?

Edited by Michy

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I should doubt that it would have any negative effect, unless you are not willing to provide adequate explanation of the extenuating circumstances of your separation.

My husband is here on a K3 visa. We got into a fight, he was arrested and now I have a restraining order for 2 years against him. At his arrest he was not convicted because of lack of evidence. We want to work the marriage out but unable to drop the order because of legal reasons. We have a 2 year old together, I have full custody. I am allowed to go with my husband anywhere for immigration purposes per the restraining order, and his Adjustment of Status interview is coming up. We no longer live together because the restraining order prevents it, will this have a bad effect on his AOS interview?
Edited by diadromous mermaid

"diaddie mermaid"

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if your both meant to be at the interview im gessuing that will highly be imposible because if the restraining order, did you talked to a lawyer on how you could be able to drop the charges ???? i mean if you put it on there would have to be a why , do you havea hearing for this restraning order ?


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if your both meant to be at the interview im gessuing that will highly be imposible because if the restraining order
The OP wrote, "I am allowed to go with my husband anywhere for immigration purposes per the restraining order."

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06-11-2007 = NOA1 date (unknown to me).

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04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

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That's a pretty serious restraining order, one so serious that you can't even work on your marriage together. Especially because there was no evidence on which the police could act. I think that in the eyes of the USCIS, you will need some very unusual and compelling evidence that in fact you have a bona fide marriage.

Unless you can get the court to rescind the restraining order and the two of you can start living together again, I'd say the chances are slim for him to get the AOS. In most cases, since you are the one who obtained the restraining order, you can have it rescinded.

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if there was no conviction then the restraining order has no basis. it's revocation could be petitioned by either party for about $200-$500.

if your "legal reason" for keeping it in place is to have high ground in child custody, occupancy of marital residence, or other divorce related issues, then you are doing what you want for your own reasons.


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