Don't know where to start

[Wolfiehummingbird 0]

Hi all. i’m writing because me and my husband needs some help. We have a little bit of a difficult and different case. 

First of all, i flew in on ESTA. My best friend has a chronic illness so we thought it was better i flew in than her. When i arrived, about a month later, i reunited with my ex unexpectedly and we realized how much love there still is between us, so we decided to get married on december 21st last year. It was totally random and unplanned. 

So since i’m already here in the US, we figured we’d send in all the paperwork because of covid. That if i left we may not be able to see each other for a long time, but here’s where it gets complicated: he does have a criminal record, and he does have a case of domestic violence. It was long ago and he took the blame for someone else. 

 

What are all the forms we need? What’s the approximated cost of this? 

thank you so much! 

[Timona 4,207]

$1760.

Don't leave until you have GC or AP because your ESTA privilege is gone

 

 

[Boiler 45,664]

DV does complicate matters

[powerpuff 6,730]

~ Moved from IR1/CR1 forum to AOS work/tourist/student visas ~
 

Heads up, you won’t be able to work and travel for the next 8-9 months when you adjust status

[carmel34 3,639]

5 hours ago, Wolfiehummingbird said:

he does have a criminal record, and he does have a case of domestic violence.

Whether or not his criminal record is a problem depends on the specifics that will come up when USCIS runs a background check on him during the I-130 petition adjudication process.  The Adam Walsh Act (AWA) is what applies here, so look it up and become familiar with which crimes could cause an issue.   The link below is a good starting point.  He will need to be completely honest about everything, both for your benefit and protection, as well as with USCIS if they determine that there are any relevant issues.  This is one of those cases where USCIS could call in the petitioner for an interview if they find something in his past that would make him ineligible to petition for your green card under the AWA.  It would be wise to consult with an experienced US immigration attorney in this case to discuss everything and get an opinion, so that you know upfront if there could be any problems.  Take all of the arrest and court documents to the attorney.  Good luck!

 

https://www.nolo.com/legal-encyclopedia/which-crimes-make-u-s-citizens-and-lawful-permanent-residents-ineligible-to-file-i-130-petition-for-immigrant.html#:~:text=Under the Adam-Walsh Child,U.S. residence (green cards).

 

 

Edited January 30, 2022 by carmel34