Wife is in Jail w/ misdemeanor

[mystery 0]

Granted, a person who inflicts physical and emotional harm on another is someone to be steered clear of, but that doesn't mean the person committed immigration fraud. Why would you have the right to subject her to deportation, if the "crime" she has committed doesn't necessarily mean that she would be suject to deportation?

Divorce her. Maintain a TPO, or any protection order against her by all means. Byeond that, let USCIS decide what her fate should be.

You're wrong. Domestic Violence is subject for deportation. Its a Misdemeanor Battery. Especially when its someone with a Conditional Permanent Residency.

But the Misdemeanor in itself its not proof of Immigration Fraud.

[Caladan 19]

She's already a permanent resident and she has not yet been convicted of anything. This is important. A misdemeanor battery charge may be cause (depending on how it shakes out in court) for her to be deported, but it might not. Misdemeanors aren't, usually. Domestic violence is a deportable offense if it's a class A misdemeanor or higher. Flores v. Ashcroft says that it's not necessarily a deportable offense if it's just misdemeanor battery.

If you're hoping you can get out of the I-864 and start over fresh by asking USCIS to deport someone based on an arrest alone, you're going to be sorely disappointed.

Removing conditions is dependent on her going into the marriage in good faith; if it ends in divorce, that is NOT proof of fraud. And deportation proceedings could take a while. It's not like they're going to send her on a plane tomorrow on your word or even on a conviction; as a permanent resident, she has a right to due process and to argue, that in the event she is convicted, that the misdemeanor battery charge does not indicate a crime of moral turpitude.

I'm not saying you should take her back or try to make the marriage work. You need to protect yourself. But USCIS might not be able to do anything to help you quickly, and if you're looking to move on with your life, you shouldn't pin your hopes on it being resolved quickly. It will be a court's call in the end.

[mystery 0]

She's already a permanent resident and she has not yet been convicted of anything. This is important. A misdemeanor battery charge may be cause (depending on how it shakes out in court) for her to be deported, but it might not. Misdemeanors aren't, usually. Domestic violence is a deportable offense if it's a class A misdemeanor or higher. Flores v. Ashcroft says that it's not necessarily a deportable offense if it's just misdemeanor battery.

If you're hoping you can get out of the I-864 and start over fresh by asking USCIS to deport someone based on an arrest alone, you're going to be sorely disappointed.

Removing conditions is dependent on her going into the marriage in good faith; if it ends in divorce, that is NOT proof of fraud. And deportation proceedings could take a while. It's not like they're going to send her on a plane tomorrow on your word or even on a conviction; as a permanent resident, she has a right to due process and to argue, that in the event she is convicted, that the misdemeanor battery charge does not indicate a crime of moral turpitude.

I'm not saying you should take her back or try to make the marriage work. You need to protect yourself. But USCIS might not be able to do anything to help you quickly, and if you're looking to move on with your life, you shouldn't pin your hopes on it being resolved quickly. It will be a court's call in the end.

Its funny because I've been googling all day and I came across the same info you're posting right now. Its actually kind of subject to the interpretation of the judge if to deport or not to deport. Because that "Flores v. Ashcroft" did not deport the person involved. But there have been other cases where the conviction did lead to deportation.

So you never know what can happen. I guess I'll learn alot once I go to USCIS on Friday. And like you said its something out of my hands.

thanx for the post, very helpful

[rebeccajo 14]

She's already a permanent resident and she has not yet been convicted of anything. This is important. A misdemeanor battery charge may be cause (depending on how it shakes out in court) for her to be deported, but it might not. Misdemeanors aren't, usually. Domestic violence is a deportable offense if it's a class A misdemeanor or higher. Flores v. Ashcroft says that it's not necessarily a deportable offense if it's just misdemeanor battery.

If you're hoping you can get out of the I-864 and start over fresh by asking USCIS to deport someone based on an arrest alone, you're going to be sorely disappointed.

Removing conditions is dependent on her going into the marriage in good faith; if it ends in divorce, that is NOT proof of fraud. And deportation proceedings could take a while. It's not like they're going to send her on a plane tomorrow on your word or even on a conviction; as a permanent resident, she has a right to due process and to argue, that in the event she is convicted, that the misdemeanor battery charge does not indicate a crime of moral turpitude.

I'm not saying you should take her back or try to make the marriage work. You need to protect yourself. But USCIS might not be able to do anything to help you quickly, and if you're looking to move on with your life, you shouldn't pin your hopes on it being resolved quickly. It will be a court's call in the end.

Its funny because I've been googling all day and I came across the same info you're posting right now. Its actually kind of subject to the interpretation of the judge if to deport or not to deport. Because that "Flores v. Ashcroft" did not deport the person involved. But there have been other cases where the conviction did lead to deportation.

So you never know what can happen. I guess I'll learn alot once I go to USCIS on Friday. And like you said its something out of my hands.

thanx for the post, very helpful

I thought you said your appointment was on Wednesday.

[rebelheart 0]

None of this is true or accurate!

Thanks for correcting me, as ive said i'm not sure about it too its just my own opinion base on the vice versa on which the fiance/wife is the one being abused or mistreated. Have no direct intentions to give false info.

god bless!

[Dakine 26]

If you divorce her she can file to remove condtions right away.

Beware as she may try and "turn things around" and accuse you of abuse so she can remove conditions.

Just a thought!

[SqdnGuns 21]

If you divorce her she can file to remove condtions right away.

Beware as she may try and "turn things around" and accuse you of abuse so she can remove conditions.

Just a thought!

I think wimmen are more evil and spiteful then men, CYA.

[archie07 0]

If you divorce her she can file to remove condtions right away.

Beware as she may try and "turn things around" and accuse you of abuse so she can remove conditions.

Just a thought!

And a very good thought. Keep in mind, she was arrested, not convicted.

[mystery 0]

I thought you said your appointment was on Wednesday.

I had to change it to Friday because I couldn't take the day off from work.

[mystery 0]

If you divorce her she can file to remove condtions right away.

Beware as she may try and "turn things around" and accuse you of abuse so she can remove conditions.

Just a thought!

I have no doubt that she will probably try that.

I didn't mention that b4 this situation happened we had been seperated for about a month. Reason was that I left the house and was done with her. After 8 days that I was gone, she filed a Restraining Order on ME! "She turned things around" there. Luckily when we had the hearing infront of the judge she saw through the BS and did not extend the Order and dropped the whole thing....

That is why I'm not in a rush for anyone to get her out of jail. I'm sure she will be fighting this hard......

It's a very ugly situation this whole thing......

[mystery 0]

And a very good thought. Keep in mind, she was arrested, not convicted.

Exactly. Nothing has happened yet really. Things will become more clear when she gets her court date.

I was talking to the State Attorney's office today and they told me that she can get out 1 of 2 ways. (1) someone pays $1,500 bond. (2) "PreTrial Release" which means that she can be released by agreeing to submit to a program where she will follow up with an officer and report to that person until court date.

Thing is she has no one here. Only a cousin that doesn't want to get involved and her God Mother that lives like way up in Chicago that can't even come her to Miami until next week because she can't get out of work.

Unfortunatley (or fortunatley as some are telling me) she's going to have an extended stay in jail. Even if I wanted to get her out, I couldn't do it because I'm the victim....I was told she can be there up to 21 days.

[Dakine 26]

Get a good FEMALE lawyer for the divorce.

[mystery 0]

Get a good FEMALE lawyer for the divorce.

HaHa. True! In fact the attorney that will be handling the case against her is a woman.

[Jason-Sasha 1]

I posted a while ago about problems I've had with my wife.

Here is a new problem ( and a good one):

My wife had been continuously violent since I married her. On Thurs I called the cops and they arrested her and are charging her with "Battery" which is a misdemeanor. I will be filing for divorce.

My question is what happens to her Conditional Residency Status which expires on June 2009??

To make this topic short. I want her a$ to be deported back to Colombia. And I have read that because of a misdemeanor a person in her status will have her Conditional Residency removed meaning she would have to leave the US.

Anybody have any knowledge about a situation like this?? I want to call USCIS and let them know but I can never get a live person on the phone.

Any suggestions will be apreciated.

Damn! What a mess. Sorry to hear about this happening so soon after your marriage. This is why I think the 90 days should actually be 1 year. That would be much more time to really get to know your future spouse, if you're one of those couples marrying so soon after meeting. Or have spent very little time together. This seems to be happening alot lately. Good luck to you. And hopefully, she will be getting what she deserves. Back to S. America for her!!

[Enlighten one :) 5]

I thought if you divorced her she would not get perminant residency and have to go back anyways. That was my understanding not concrete.

Thanx for the info guys. I went to USCIS.gov and made an apt for this Wed. Pretty quick!

Any other info you guys can give I would apreciate it. Thanx again

i can think of a few, mostly financial:

- do you have a joint checking account or joint credit cards? any credit cards in her name? if so, you need to get the cards cancelled and the account changed so you don't get a big surprise.

- what are the laws in your state regarding her living there? with this incident can you get a restraining order on her so she does not reside there and so you don't have to jump through hoops to get her evicted? if so, also consider changing the locks.

- does she drive? does she have a car? do you have insurance on the vehicle? if so, up the insurance just in case.

I already cancelled her Credit Cards (Debit Card). We do have a joint account which I will be going to the bank to getting her off it.

She automatically gets a restraining order for what happened. So she cannot contact me or get close to me whatsoever

And no, she does not drive nor have a car. All she has is a cousin that she barely knows here, and I have a feeling that she doesn't even want to get involved. So she literally would have no where to go. Thats why I I'm so adamant for her just going back to Colombia and stay with her family there.

Its a pretty complicated situation.

Thanx for responding