conditional resident and husband has been jailed for 5yrs

[jogging 0]

I need help urgently, pls my husband is in jail for 5yrs on pawning stolen properties, it has not been an easy marriage but due to the love we have for each other it kept us going up till he committed this offence which he still claims innocence, that his friend gave him stuff which he used his id to go sell at the pawn store without knowing they were stolen, out of anger i didn't go to visit him in jail but after he wrote and begged for forgiveness, i decided to visit him but pls as it is now i do not know how this will impact my residency as i'm supposed to file for removal of condition in 2months.

My questions are (1) if i stay with hubby and he signs my 1-751, do i have to notify uscis that he is in jail?

(2) if i divorce my husband, what are my chances of removing the conditions on my gc successfully by myself , i have all the documents to show bonafide marriage.

I have had sleepless nights over this dilemma, i am will to go which ever way that will favor my stay here, because i warned my hubby of the company he was keeping before this issue and i told him if he gets himself in trouble due to bad company that he'll deal with it all by himself, pls your reply will be highly appreciated i'm so distressed.

[rmncm 0]

You should be able to remove conditions on your own. If I may say it almost sounds like you are in the marriage for the gc. I quote "(1) if i stay with hubby and he signs my 1-751, do i have to notify uscis that he is in jail?

(2) if i divorce my husband, what are my chances of removing the conditions on my gc successfully by myself , i have all the documents to show bonafide marriage."

If it was love, you would be forgiving of him and give him the benifit of the doubt and not asking if you could remove conditions if you divorce him. I am not making,passing or any such thing, judgement on you, just making a point. Maybe I am just misreading this.

[jogging 0]

You should be able to remove conditions on your own. If I may say it almost sounds like you are in the marriage for the gc. I quote "(1) if i stay with hubby and he signs my 1-751, do i have to notify uscis that he is in jail?

(2) if i divorce my husband, what are my chances of removing the conditions on my gc successfully by myself , i have all the documents to show bonafide marriage."

If it was love, you would be forgiving of him and give him the benifit of the doubt and not asking if you could remove conditions if you divorce him. I am not making,passing or any such thing, judgement on you, just making a point. Maybe I am just misreading this.

I married my husband out of love, but the truth is that before he got to the point of getting into trouble, i saw that he was going the wrong way due to the people he was hanging with and also his behaviour, and i kept talking and warning him so that he does get in trouble or getting hurt which was my concern, but now he did not only jeopardise himself, he put me in a bad situation, i do not know what to do, do i wait for him for 5yrs ? what are my chances of still staying here with him in jail, pls don't judge me, i'm in a terrible situation you can't imagine, pls i'll appreciate more input and thanks for your reply.

[Krikit 1,164]

First of all, hugs to you, Jogging. I am sorry for your troubles.

Secondly, Rmncm, you are making judgements and this will stop now. Any further judgemental posts made in this thread and they will be dealt with immediately.

Jogging, I am going to move your thread from Removing Conditions to Effects of Major Changes where you should receive more enlightened responses. Good luck.

[mozplay 29]

I don't see this OP as being in it for the green card only. She is concerned about her status and wants to stay in the country. Any of us would be concerned if we wanted to stay but had a USC spouse in jail. It is her choice whether or not to remain with this man. Most vows talk about sickness and health, richer or poorer ... not law abiding or law breaking, lol.

As to the OP's question, I'm sure others with more experience will weigh in (and this thread may get moved to a different forum anyway) but in order to file on your own, I believe you have to be already divorced -- not in the process of being divorced or even separated. Otherwise you need to file jointly and yes, they will figure out he is in jail and I'm guessing you will be required to reveal that.

[NArocks 13]

First of all {{{{{hugs}}}}

I wish I could look in the crstal ball and say it will be ok, however as mozpaly stated you have to be divorced to file on your own, May I suggest going to catholic charities adn see if they can help you? I am thinking you need an expericened Immigration attorney. What ever you do do not let you GC run out. Get his signature if needed. When does your GC expire? As far as staying in the relationship if he does not change oncve he gets out he will continue his decline that is for sure, hopefully he is gaining some type of skill or education whilst he is there. Good luck my dear.

As to the judgemental poster I will refrain as I do not feel like being suspended!!!!

I need help urgently, pls my husband is in jail for 5yrs on pawning stolen properties, it has not been an easy marriage but due to the love we have for each other it kept us going up till he committed this offence which he still claims innocence, that his friend gave him stuff which he used his id to go sell at the pawn store without knowing they were stolen, out of anger i didn't go to visit him in jail but after he wrote and begged for forgiveness, i decided to visit him but pls as it is now i do not know how this will impact my residency as i'm supposed to file for removal of condition in 2months.

My questions are (1) if i stay with hubby and he signs my 1-751, do i have to notify uscis that he is in jail?

(2) if i divorce my husband, what are my chances of removing the conditions on my gc successfully by myself , i have all the documents to show bonafide marriage.

I have had sleepless nights over this dilemma, i am will to go which ever way that will favor my stay here, because i warned my hubby of the company he was keeping before this issue and i told him if he gets himself in trouble due to bad company that he'll deal with it all by himself, pls your reply will be highly appreciated i'm so distressed.

[Krikit 1,164]

Post irrelevant to the topic has been removed.

[ScottThuy 140]

5 years for pawning stolen property only.. I don't think so... He had to have had an extensive criminal past to get 5 years for dealing in stolen property... what have you gotten yourself into? You should get some help from an Imm Atty...

[TayRivers 4]

Whatever her husband did to get 5 years in jail has nothing to do with the situation she now finds herself in. She is looking into what all her options are, no one would make such life changing decisions without knowing all the options that could be available..

The OP has come here to seek information about those options, not to be judged by others who know nothing about her or her husband.

Jogging.. I would look-up the Catholic Charities as they can help you in so many ways, remember you do have rights in all of this, please take time to look at all the options that could be available to you before you choose which path to take.

Good Luck

[rmncm 0]

First of all I made a observation.

I also answered her question.

Her situation sucks but if she truely loved him then she would be waiting for him to get out of jail and not quiting on him.

[jogging 0]

Thanks alot everyone including the judgemental ones, @Narocks my GC expires in November, i have seen two different attorney, they both say it will be a challenge whichever way i choose to go that is stay or get divorced but the second attorney says that i have a good chance of removing condition if i go for divorce but either way i have to go for another interview to explain what happened, which is ok, but if i stay won't the uscis think that i support what my husband did and could be part of it and question my character? i know the time is ticking, no matter what i'll not let my GC expire b/c i know that will ruin everything, i really appreciate all your input, pls if anyone has anymore input let them go ahead and let me know, thanks and Godbless.

[Gary and Alla 3,694]

First of all I made a observation.

I also answered her question.

Her situation sucks but if she truely loved him then she would be waiting for him to get out of jail and not quiting on him.

For better, for worse?

[jogging 0]

5 years for pawning stolen property only.. I don't think so... He had to have had an extensive criminal past to get 5 years for dealing in stolen property... what have you gotten yourself into? You should get some help from an Imm Atty...

This is his first time in jail, this 5yrs was because he had a public defender, but pls i want see ways to help my situation, if you have something to contribute to my questions let me know, i'm really down and out.

[raymaga 25]

First of all I made a observation.

I also answered her question.

Her situation sucks but if she truely loved him then she would be waiting for him to get out of jail and not quiting on him.

Not true.... if this were happening to me, and my husband was into illegal behaviour such as the OP describes, I would be very concerned about my own safety and future.

Her husband chose the path of criminal activity, and sometimes love isn't enough to make a marriage survive this. Sickness and health, better or worse... to me, that's not intentional criminal activity.... criminal activity is a deliberate act that you DO have control over.

If I were the OP, I would try to get some help through Catholic Charities and get your own life back on track. Once your husband has done his time, and proven that he can change and be a responsible member of society, then you can decide whether you want to give him another chance or not. But right now, you are only responsible for yourself.

Good luck and best wishes.

[Brother Hesekiel 2,236]

Krikit,

I didn't fell rmncn's post was disrespectful in any way. He posted his subjective perception after reading the original post and even mentioned that he might have misread it. Frankly, if somebody is deliberating a divorce primarily due to reasons of having an easier go with the ROC process, mentioning a possible red flag to USCIS is rasonable, justified and fair. Rmncn has no duck in this hunt, just giving his personal feedback, as we all do, trying to help one another in this rather emotional process. I dislike stereotyping and/or name calling as much as the next guy, but none of that took place here.

Jogging,

since you married out of love, and vowed to stay with that person until death do you part, I don't see any reason to get a divorce. Even less do I see a reason to get a divorce due to reasons primarily related to your green card, the same way I don't see a reason for someone to get married just because of green card related issues.

If your husband did something wrong and got in trouble with the law, they can't hold it against you. Since you guys have been living together all this time, you should file jointly, and I don't recall seeing a section on the I-751 asking whether or not the applicant's spouse, the USC, has ever been convicted of a crime or being arrested or is being jailed. USCIS wants to make sure the applicant is a law abiding person, and that's a good thing.

If you are called to an interview, you will have to explain truthfully why your husband can't accompany you. But since few couples are called in for an interview to begin with, I'd say cross that bridge when you get there, if you ever get there.

You submit all the information requested, truthfully to the "T," but I don't see any reason to volunteer any information that is not being asked for as it would only complicate things unnecessarily.

It were different, of course, had your husband been jailed for a substantial time of your marriage, as in such a case you couldn't truthfully document living together. But the way I understand it--and I too realize that I may be mistaken--he just got arrested and you are ready to file now.

It's possible that some people will give you a contrary advise, so the is just my personal, layman's opinion, as I'm neither a lawyer, nor an immigration expert.

Wish you the best!