Pending ROC, looking to divorce, and past Domestic Violence

[wifiguy 8]

Hello All,

First of All, Please respond to this thread if you believe you can realy put something valuable, It is one humble request.

I married with USC back in april 2009, got my GC in Dec 2009, charged with domestic violence in sep 2011 (fake allegations of hitting to USC Wife), for that I was charged with low level of misdeamenor and sentenced for anger management class. In nov 2011 we applied for ROC jointly as we are back together, I was done with biometric in dec 2011 since then I hadn't heard anything but two weeks ago i got another biometric letter saying that "your finger prints are expired and in order to further process your application you need to go for another biometric" fair enough no problem, atleast they are now looking at my case, for the past one month. married life is like a hell, and being lived in such hostile environment where I have been treated like animal, yelling, screaming, hitting by her. I but never called cops on her for the sake of love and to save the family but as i now can't take that anymore (may be i have learnt my lesson and Allah is showing me something) i decided to finish this relationship. When i announced that my USC wife took all my paperwork away that includes all USCIS documentation, my passport and other transcripts on my name. I reported to police station and they filled the report but said we can't do anything as you have no prove she did that (good game she is playing). How can I inform USCIS about this cuz this is federal crime she did but i have no prove that she has them. but I know she has them. How can i change option from jointly filed application to wavier, or do i have to reapply with wavier. I would need some expert advise and suggestions on this.

Thanks alot in adv.

[together4evr 360]

I do not know how you inform USCIS but you should have copies of all in your email folders.

Joint statements from bank--you can call and get those proofs

I am more concerned about what lesser crime you plead guilty to

Was it misdemeanor domestic violence or was it classified as simple battery

How much did it cost you?

How many classes did you have to go to?

If you have a domestic violence charge then that might be the reason they need another biometrics so they can be assured you have that charge against you

Good Luck

[wifiguy 8]

I do not know how you inform USCIS but you should have copies of all in your email folders.

Joint statements from bank--you can call and get those proofs

I am more concerned about what lesser crime you plead guilty to

Was it misdemeanor domestic violence or was it classified as simple battery

How much did it cost you?

How many classes did you have to go to?

If you have a domestic violence charge then that might be the reason they need another biometrics so they can be assured you have that charge against you

Good Luck

it was very low level of charge they charged me with, they didn't charge me with the conviction but misdemeanor and sentnced me with some months classes. i have certificate for that, another biometric reason they stated that my case is in pending for more than 1.5 years so technicallly my first finger print got expired after 15 months, in order to process this case, I have to have another biometric done, this is what letter says, i am not sure if it has any connnection with the domestic violnce thing but background check. i filed for ROC after two month of this incident and i went for biometric so that could help them out too. anyway. My attorny was with me when i was going back and forth for hearing, he said that pleading guilty would dropped charges on low level and they will dismissed the case after you finished with the class, so my case is dismissed as well.

[Vishnya 4]

It is absolutely strange that you did not bother the USCIS after the first 7-8 month of waiting for approval, but I guess it's not my business to blame you. I am 100% positive that you will get RFE (to prove that you still married) or you will be called for the interview. If you want to do the waiver then you have to prepare documents that will provide information about your good faith marriage. This process has nothing to do with misdemeanor. Does not matter if you wife took your paper or not, you can make them. DL, bank statements, lease agreements, bills, insurance, vacation trips, pay checks, bill everything can be duplicated nowadays. Good luck.

[together4evr 360]

Please look at your court paperwork

It will say

Domestic violence

domestic battery

or

simple battery

When you say low level, hat means nothing

It is very important to understand what you pleaded guilty to

Some of the charges will affect your immigration status and ability to becme a citizen

So check the papers and come back here and tell us exactly what you pleaded to.

Thanks

And

Domestic violence can be a misdemeanor

it can bea felony

Simple battery can be a misdemeanor

[wifiguy 8]

Please look at your court paperwork

It will say

Domestic violence

domestic battery

or

simple battery

When you say low level, hat means nothing

It is very important to understand what you pleaded guilty to

Some of the charges will affect your immigration status and ability to becme a citizen

So check the papers and come back here and tell us exactly what you pleaded to.

Thanks

And

Domestic violence can be a misdemeanor

it can bea felony

Simple battery can be a misdemeanor

Court dropped the charges to disorderly conduct and ordered to undergo anger managment classes that was 26 classes in total. they also dismissed the case right after i showed them my certification on completiion of those classes.