jogging

Thanks everyone, i appreciate all taking out time to give an opinion, it's alot of information and i'll see my attorney on monday, will keep you all posted as events unfold, i know God will see me through, Thanks.

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.

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.

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.

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.

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.