Domestic Violence arrest and AOS

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EmmyK

New Member
My husband was arrested for DV assault a few months ago and he's been charged with misdemeanor DV assault.

I've refused to testify and the charges will be dropped. We did separate, but have since reconciled and are working on our relationship through counseling. Prior to this, my husband and I filed for AOS and his case is still pending. Will this arrest cause problems with the process. We're prepared to have to answer for it all during the interview, but will a Domestic Violence arrest exclude him from changing his status, even though he's not been convicted? Will the fact that we've lived apart for a few months be held against us, in light of the situation? If he moves out of state, to live with me, is this going to be an issue?

I know that we need an attorney, but we're just trying to get a basic idea of what our options are.
 
A conviction would be required to derail his adjustment on criminal grounds under INA 212(a)(2)...

The bona fides of the relationship are more central to the case. A reconciliation would be required to approve the greencard.

Moving to a new state involves a matter of USCIS Office jurisdiction. USCIS is not so ridiculous that if you filed in LA and moved to NYC that they'd make you fly back from NYC to LA to process the case. Just update the change of address. I believe you can do it online.
 
BigJoe5 said:
A conviction would be required to derail his adjustment on criminal grounds under INA 212(a)(2)...

The bona fides of the relationship are more central to the case. A reconciliation would be required to approve the greencard.

Moving to a new state involves a matter of USCIS Office jurisdiction. USCIS is not so ridiculous that if you filed in LA and moved to NYC that they'd make you fly back from NYC to LA to process the case. Just update the change of address. I believe you can do it online.
Click to expand...

Hey BigJoe,

The advice is appreciated. He won't be convicted, so that's not an issue at all. The bona fides won't be hard to prove either. Daily phone calls, e-mails and plenty of communication, since we've been back in contact. I'm also planning on returning to the city we used to live in and staying there, until the case is processed. We've been told that our case will be delayed significantly at best and denied, based on his arrest record, at worst. I do plan on moving back to our home and staying until after the interview.

Is it more likely that we'll be called in for a fraud interview, based on the domestic violence situation?

Thanks!
 
Emmy,

EVERYTHING is on a case-by-case basis. No 2 marriages are the same. If the marriage is less than two years old at time of greencard approval, it will result in a conditional status. The CR card will be issued with a 2 year expiration date. Within the last 3 months leading up to expiration, a form I-751 is filed to lift conditions. At that time, they check the relationship again. So, you have slightly less of a burden up front. If the I-751 is either not filed or denied, then statust is cancelled and the spouse is put in Removal Proceedings.
 
Hi.did your husband go to interview yet? Am in a similar situation. My husband and I got into a fight and I was arrested. I went in for my interview Wednesday and everything else was good except for my arrest disposition. At the end of the interview I was given a white paper saying that my I 485 is being held for supervisory review due to arrest. Am so worried. What was the out come of your husband case.
Any advise will be greatly appreciated.
 
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