conditional resident and husband has been jailed for 5yrs

[jogging 0]

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!

I appreciate you taken out time to write this reply, thanks alot, like i said before, our marriage is based out of love for one another, but before this last incident we've had other issues which to me every marriage goes through some challenging times but this last problem more like nailed it for me, i believe the two people that have made vows to eachother have to work in preserving the union, but when just one party is working to keep the marriage together and the other acts otherwise and finally gets into something as big as this, and putting me in a bad situation, it's only fair that i try not to ruin myself along, i have only come here to see what options are out there for me, i can't put on paper everything my marriage is all about, but one thing i know that it's born out of love, at least he still writes and tells me he loves me still, and the truth is i forgive him and still willing to be there for him, but the thing is i have to know what to do for my residency at this time, God forbid if i get deported will there still be a marriage at that point, anyway he has been there for the past six months, i appreciate your input.

[Anh map 2,098]

Your situation is uncommon enough that you should attempt to find a qualified immigration attorney who has dealt with similar circumstances.

Too many variables with significant consequences here to leave the resolution to speculation.

[Niagara 1]

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.

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 it's not Adam Walsh Law (like in my case ).

[L179 1]

sorry about your situation...hope things work out.

If you really love him then you may stand by his side. Love does not know right from wrong. If you see better for yourself without him, then move on. as far as removal of conditions go...you may do that without him.

[Cuchita 1]

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.

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 it's not Adam Walsh Law (like in my case ).

Tier 3? 2? or 1?.

[Old Dominion 26]

Your husband committed a crime, and he is paying for it. The USCIS can't legally judge your application based on that fact, but will be more interested in evidence that the marriage was/is bonafide. Just be honest with them.

[justashooter 430]

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?

this assumes that both partners behave in a respectful manner towards each other. engaging in criminal activity is disrespect for the spouse.

this OP should divorce if it is not damaging to her removal of conditions application, and get herself out of the relationship. she needs to have a clean record to retain residence, and does not need to be dragged into this kind of mess. she needs to stay clear to keep her legal status, and her self respect. forgiving an unrepentant criminal is not a wife's responsibility.

[WhidbeyGirl 1]

WOW surprised at all the responses accepting "conditional" marriage. I don't recall the vows saying, "til death do us part IF you always love me IF you dont go to jail IF you do marriage my way"

[TBoneTX 43,058]

Consultation with an experienced immigration attorney definitely seems called for. Some posters here are veering into areas that are unrelated to the objective impact of law on the OP's situation.

[DanielParul 50]

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.

And who are you to decide whether she loves him or not and what she should be doing in this situation? You obviously do not understand the impact it can have on her and that she needs to think about her future too. Can't eat, breathe love and stay in a marriage if it is not a fulfilling one for both, can she?

To the OP, Stay strong and get in touch with an immi atty. You entered the marriage in good faith is what you need to prove. How your husband turned out and ended up in jail says a lot about him not about you.

[Kathryn41 3,205]

Personal insults are a violation of TOS. Offending post and post quoting same has been removed. You can make your point without getting offensive.

[MNCouple 3]

Hello Jogging,

I can understand how this would cause stress and sleepless nights. That ever present question, "what do I do?" hangs above you. It sounds as if you have two months to renew - correct? And, at the moment, you both still care for each other, but you have concerns, some fears and some hesitation. I find that a reasonable reaction for an average person. Love is an emotion, just as fear, pain, joy, lust, etc. Sometimes we feel those emotions more strongly at different times. For now, you may be feeling fear more strongly than love, especially since he is not there with you.

It sounds as if this is still very fresh, raw wounds, perhaps. I am by no means an expert, nor do I have similar experience to what you have... but I can give you my opinion of what I would do in this situation.

This is a person you chose to share your life with and there are emotions that continue to exist. I would go through with the renewal process and have your spouse sign necessary documents. Be honest, straightforward, etc. They can't hold someone else's crimes against you... that is what makes our country so wonderful. The freedoms that we have. I doubt they will think poorly of you just because your husband made a mistake. If our legal system did not find you responsible in any way, then it's likely immigration would as well. Though, I'm sure there are always exceptions. If you are very stressed, I'd do what the others have said and contact an attorney.

Let a little time pass and see if you find yourself missing him, forgiving him and just wanting to be with him... or if you find yourself falling away from him. That is when to make the decision on whether to stay as his wife. I think it would be unfair to you and to him if you make this decision now because of his crime. Perhaps he will learn from this mistake and come to you a newer, better man. Perhaps he will be lost to you forever because of the path he has chosen. None of us can foresee that. So you will just need to be true to yourself.

I'm always surprised to hear references to the statements of "better or worse", "sickness and health", etc. Our society has dictated that humans are monogamous creatures that mate for life. I think that's a fanciful interpretation of life. The truth is... we aren't. What attracts us to a person at age 20, doesn't always attract us at age 40. Just because you made a choice at age 20... doesn't mean you must live through unhappiness just because in some ceremony you said, "for better or worse".

Marriage is about caring, trust, respect, love, and most importantly.... enjoyment.. fun, laughter, smiles. If you don't feel those things then why be with that person?

Right now, you sound as if you still care for him, and love him, and miss him, but the trust and respect is impacted due to his actions. That's why I say, just stay the course, do what you would do had he not gone to prison to maintain your GC status. And then, take the time talking to him and evaluating what you feel and what you need from your partner... then make that call.

You don't want to make a hasty decision while feeling under pressure that you would later come to regret.

Anyway, I'm no expert. These are just my thoughts and opinions. I do wish you the very best of luck and do keep us informed.

Take care.

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.

Edited July 23, 2009 by MNCouple

[Mrs.J06 4]

WOW surprised at all the responses accepting "conditional" marriage. I don't recall the vows saying, "til death do us part IF you always love me IF you dont go to jail IF you do marriage my way"

Well, my vows certainly contained that, even if I didn't say it out loud.

Criminal behaviour is disrespectful to the spouse and jeopardizes the status and well being especially of an immigrant spouse. I find the "if you really loved him you would not do this or that or the other thing" post quite insulting to the OP, she didn't goof up!

[Jauque 1]

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.

If this is the case than he likely won't get all 5 years, or at least he wouldn't in Canada but it's my understanding that our laws arn't all that different. I would wager to say that he will be granted parole at his first parole hearing.

But thats neither here nor there but you did ask if you should wait five years, so truthfully I don't think it will be five years.

[Sandrila 1]

I don't see how you can be judged for trying to remain here, which would in turn even allow you to help your husband if you so desire.

I do not think you are wrong for worrying and trying to cover your bases. You are here out of love it is not your fault that your HUSBAND didn't respect you as HIS WIFE and think about how his dealings may affect you and the marriage!

Edited July 23, 2009 by Sandrila