domestic argument conditional GC

[jain_pk]

My conditional GC is going to expire in 6 months. My wife(USC) and I keep getting into arguments. Recently on vacation we got into a big argument. We went at each other and the someone called the cops.

They came over and asked us if everything was ok. Both of us told them that we were just having a normal argument and apologized to disturb other people. They asked us to keep it down since the other people could hear it, but took our information like name and contact info. The cops did not give us any citation / fine or anything of that sort. Nor did anyone file any charges.

My concern is, would this affect me getting my green card when I file for I-751 ? Also, I am going to go to law school soon and am scared of any blemishes on my record.

Sincerely,
Very Very Concerned

[txh1b]

No impact. When cops respond to a call, they have to document proof and take notes. That is what they were doing.

[johngrnmn]

It won't affect you getting your green card. After all, this is your personal life and noone can tell you anything BUT keep in mind that when processing your application for lifting of conditions USCIS sometimes calls both sposes to a second interview. This is sometimes but it won't hurt you to be ready. So try to play it cool with your spouse. Otherwise how are you gonna drag her to the USCIS office? Right? Or make sure you have all documents needed when mailing your application like proofs of the marriage: bills and stuff and most importantly a couple of affidavits by relatives. Just do all possible to avoid an interview and then fight as mush as you like. But you still have to live together till you get your approval. After that get divorced if you like or wait another year for citizenship. Good luck!

[jain_pk]

Thank you john & txth1b. Your advice has been helpful.


People in the forum keep saying that going for I-751 removal is very difficult after divorce, I don't see why if the marriage is in good faith. I don't understand how proving it can be so challenging if you have been living together for quite some time. Pictures, leases, contracts, cell phones, friend's affidavits, updated name on DLN etc are very good proof in my humble opinion.

But again, I don't know the system that well. I know there are quite a few people like me who have really entered marriage in good faith but are unfortunately in this situation . There should be better laws to support people like me ( Just Venting ).

[txh1b]

They make it difficult due to the statistics of marriage fraud. It is not impossible to prove the good faith it though but the results may vary based on what the IO thinks at the interview. Talk to a good immigration attorney if that is what your fear is about.

[johngrnmn]

My advice is: don't count on entering the marriage in good faith! Even if you have it might not work out for you. The system is clear on this: USCIS trusts you by granting you the conditional card! After that the ball's in your hands to prove you're not into marriage fraud! After all 2 years is not that long!!! Come on, my grandparents were married all their lives! You don't have to live together every minute of that time, you don't have to keep grinning at each other or do everything together. There will be fights, there will be seperation periods, maybe work a job somwhere out of state for a while. A good way is to go to a marriage counseller! Do some quality time there! Keep evidence of doing this! Get the guy stating he's been trying to help you out!! Then show this to the USCIS officer! Show some good will, that's all!
But this last thing is only if you get a second interview! Otherwise don't dig into that too deep!!
Good luck!!

[Stru]

Similar scenario with me.

I have filed for removal of the condition, received my notice and did biometrics last month. I am curious to know if they will call us for an interview or not because unfortunately my marriage is coming to an end. After being together for 4 yrs and married for 2.5, now I wonder about getting divorced before I get the permanent residence approval. I don't know how long I can hold this marriage as it is. I am about to pack up and leave.

Questions:
1) What if I get divorced now and then I get called for the interview, would they still give me the 10yr permanent residence or I will be deported for not being married anymore?
2) If I suck it up for until I get the permanent residence and then we get divorced after that, How long do I have to wait before I can apply for naturalization? Is it 5 years counting from when you get your permanent residence or counting from the beginning when you get your conditional residency?

Any advise will be very much appreciated.

Thanks

Stru

[johngrnmn]

Do not give up, Stru!
Firstly, you have already submitted your I751, right? So the best you can do now is wait for the decision! Do not get divorced because then you will have to file another I751 on a different basis which would be divorce. Although you will have to sign it yourself only (which is the only good thing about it) the waiting process starts all over again! So arm yourself with a lot of patience - either to your spouse or to USCIS! So it is either way! But you have been married over 2 years as I can see so you beat the 2-year presumption that the judge will hold against you if you ever reach immigration court. So it is not that bad even in case of a divorce! Anyway I do not advise you! You will need a good immigration lawyer and you will waste a lot of time and money! Just wait for your permanent green card a couple of more months more and you will come on through!
Then, once you get it you can stay married for another year to get citizenship or get divorced and stay in the US for three more years and then apply for citizenship! The countdown starts from the moment you got your conditional green card! You need three years residence if you stay married or five years if you get divorced!
Good luck!

[Stru]

thanks for the reply John!

I won't give up yet! You are right.. I either suck it up now or start all over again.. but what If I don't get called for an interview.. then they would just send me the permament card in the mail and they wouldn't know we are divorced.
What is the percentage of applicants who get called for an interview for the I751?
That is handy to know either way because I want to go to my home country on vacation and I would hate to be gone when the interview appointment comes in the mail.
thanks again for your words man!

Stru

[johngrnmn]

OK, I see what you are trying to do! But I'll tell you something: don't underestimate USCIS! I know we have all heard about those cases where people get benefits so easily when they least deserved them. And once in a while we all reach a point in our lives where we feel like pulling a trick on the authorities for making things so complicated an for treating us like sh*t! We may be right, we may be wrong! But the law is on THEIR side! If they catch you you burn, boy!!
This website is created to help people through legal means and I cannot advise you to not follow the law! Now honestly I highly doubt it you'll be called for an interview if you have provided all the evidence on your case (bills, pics etc) but you are supposed to live with your spouse till you get your card in the mail! If you wanna leave the US noone can stop you! I hope when you come back your card will be awaiting you in the mailbox!
BUT your absence or separation might bring you trouble down the road! If one day (even after years) your angry wife or a good friend of hers helps USCIS find out about it they might take away your card! Cuz they give it to you but they also take it from you! And they have this right if they have proof that you obtained it through illegal means! I don't think you wanna live in fear of losing your card, right? And an absence like yours would be easy to prove through airline records and your wife's testimony! Better make up a plausible excuse for your absence and be prepared to prove it just in case!!
But why do you bother so much? You got only a couple of more months after more than 2 years! Just stay put a little longer and then go wherever your eyes take you!
After all there is still a way to follow the law and get what you want! There is a path in the middle! That's what good lawyers are for!
Now that was a whole consultation right there! You better get me a bottle of scotch and chocolate now!!

[Stru]

where do I send the Scotch and the chocolates? Thank you for helping me make some sense.. I am a patient man and I will wait for this process to be over with as you suggest. Then, who knows, things change and she stops throwing her cell phone or dishes over my head.. NO JOKE.. see.. some women take advantage of men who respect women LOL.. (and no, there is no reasonable motive for he to behave like that) anyways.. being an immigrant in this great country can be tough, but It was my choice and I will not let a a bad relationship steer me away from my dreams.
You take care John.. you are a valuable asset to this forum and obviously to your clients
I may post again later on with some developments..

Stru