Question: Spouse submitting I-175 to remove conditions, but divorcing and he has DV charge

R

Rakichi

New Member
Dear community members,
I was wondering what your experiences are concerning a removal conditions for I-175. My spouse and I married in January of 2008 and completed his AOS in July of 2008. However, the marriage while entered into with good faith was horrible, and in December of 2010 he was convicted of DV. I filed for a divorce in September of 2010 and requested a PPO in October of 2010. We have two children that were born in 2008 and 2009. At this point he has an appointment for a review of his status for June 3, 2011. Our divorce is not final, since he has delibrately stalled proceedings so he would still be married at the time of renewal. I was wondering what I should expect. What are the likeli-hood of him staying or leaving?
 
With two children, proving a bona fide marriage should be easy. But I expect he will be deported because of the domestic violence conviction.
 
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Thanks for the response Jackolatern. I havent written anything or made any statement to INS about the situation. I've decided that I would have a bias and didn't want to be responsible for influencing the outcome of the matter. But I also know that I haven't been approached with any questions or requests for information. I know that with everything pending, custody, child support and other issues haven't been resolved and I don't know what to expect.
 
What you have to expect is that he will be deported. Domestic violence is, according to USCIS, is a crime of violence and an aggravated felony, thus deportable. When you guys call police on each other, think about the consequences, and the spouse could have had them drop the charges and he himself should know to do his homework and not to get convicetd of DV, so I am unsure why that did not happen but instead made sure he got a DV conviction. Eevn if he was USC without a deportation problem, such a conviction can even cause him not to get a job to support his family an when that happens you are the same person to first cry out that he is a usless spouse who cannot find a job. Calling the police is no joke and carries its consequences, and this seems like it will be leant the hard way.
 
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Rakichi said:
Dear community members,
I was wondering what your experiences are concerning a removal conditions for I-175. My spouse and I married in January of 2008 and completed his AOS in July of 2008. However, the marriage while entered into with good faith was horrible, and in December of 2010 he was convicted of DV. I filed for a divorce in September of 2010 and requested a PPO in October of 2010. We have two children that were born in 2008 and 2009. At this point he has an appointment for a review of his status for June 3, 2011. Our divorce is not final, since he has delibrately stalled proceedings so he would still be married at the time of renewal. I was wondering what I should expect. What are the likeli-hood of him staying or leaving?
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Have you filed a joint I-751 with him? Has he asked? The conviction is a POTENTIAL problem. It would require further review as to the actual State statute of conviction, possible sentence, actual sentence, and behavior on probation. In addition, did he ever violate an order of protection? Such a violation US deportable even if the underlying crime is not. Not all DV convictions are "crimes of violence" or "crimes of moral turpitude"...these are more complex determinations.

Would it be better for you and the children for him to remain in the U.S., work and pay support? Would it be better for him to return to his home country? Would the children benefit more from having in or out of their lives?

You need to consult an attorney who knows both immigration and family law or 2 specialists.
 
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