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Hello guys my best friend needs help. He has been with his girl friend for about 5months and they intend to get married. My friend just found out that his fiancee has been in jail once on drug possession and she even have an outstanding warrant for another drug charge. she is schduled to be in court on September of this year. Can he adjust his status with all this charges on his wife`s record? Secondly, he is a full time student and living in a student community with a room mate, because of his wife`s record, she cannot take an appartment so she is always in his student appartment. She cannot be part of his lease so how are they gonna establish a rental history? They even plan of having a baby and my friend will be going out of status soon. Please for advise on what to do or any referal for an atorney. Thanks
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If they can afford a lawyer I'd suggest getting one.
I am not sure if her criminal record will be a big problem..I know they are very cautious about the immigrant's criminal history, which is understandable since they are letting an alien in the country legally, but I don't know much about the US citizen's criminal history and how that influences the case. It might be a problem just because it's "fresh" (since she's going to court this September).
Though knowing she has this criminal background, the bigger problem is whether she is able to get a good and reliable job..is she working at the moment, what kind of a job is it? That's really important since she is going to be the one to financially guarantee for him.
There are other ways to prove they are in a bonafide relationship besides living together, that's not the issue. But if she can't rent a place due to her criminal background, that looks like a serious problem in them adjusting the status for him..if she can't get a place and he is almost done with school, where are they going to live, how are they going to support themselves financially... Those are the main things the USCIS would be considering if they apply for AOS.
Figure these things out, maybe give us more details if you want more information or opinions, and good luck!
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