485 Process and Divorce

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paul4gc

Registered Users (C)
Lots of issues coming up between us lately, we have a kid too.

In July 2007 we filed 485s, I am the primary applicant. Now if I file for divorce, she may file domestic violence case on me to keep her 485 active, no idea if it works. Ofcourse I wish she also get GC for the sake of our kid.

If she files a domestic violence case on me how it affects my 485 process?

Please help and thanks in advance.
 
How would "filing a domestic violence case" against you help keep her GC?

Criminal history is an important factor in GC processing, but it is impossible to say exactly what effects it will have on your case. You could be required to attend an interview, but the outcome depends on too many things.
 
There is a special provision for abused spouses. By filing domestic violence (of course she will have to prove it in court first) she can actually get her green card while if her case is proved, you will be convicted of domestic violence and will be denied adjustment of status. So you are in very thin ice and should carefully plan your move.
Sincerely,
MGM
 
Paul - As others said, you are on thin ice. I know of a guy who had two wives (not sure if legally, per American Law), but then he had issues with either one of them, and then the State filed a case on him of domestic abuse. The first wife stayed in a shelter. Bottom line, he had to leave the USA. When he applied for his H1-B from back home, they rejected it. They said first clear your domestic case in USA. That case also totally stopped his green card case in the USA.

Two things you need to figure out now :
1. Did you go to jail or spend the night in jail for domestic abuse (fault or no fault, doesnt matter, as long as cops got involved and its on your records, its a lot of crap for your 485, I would think) - if the answer is yes, talk to a good immigration lawyer. Not company lawyer.

2. Any domestic abuse case will screw your green card over. Any authorities of any sort, I mean police or state officials and you are down and under and GAME OVER.

Try to reconcile or even let your wife get the 485 approved (considering you will also be screwed if she files a case) - Thread carefully. Sometimes wrong actions and wrong judgement both in the heat of the moment can change lives forever.

Personally, if you have a kid, try to hang in there. But then again, its your life.
 
If domestic violence case can't be proved against you, you are on firm ground. Not only will it not affect your GC, she not get the green card without you affidavit of support. Is there is reason why you think she may be successfully prove domestic violence case against you?
 
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