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Sammy, need advice

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  • Sammy, need advice

    I have recently separated from my Korean wife of 3 and a half years. This marriage was definetly in good faith. She tried as hard as she could and we just couldnt overcome the cultural differences. She had enough, and left me. I love this women with all my heart and want the best for her. It appears we are going to remain friends. I wish very much for her to stay here and maintain her visa. At least this way I might have a shot at getting her back. Anyways, we have sent out the i-751 and have recieved the extension for a year while awaiting processing. What is the best way for her to get her permanent visa? Its no problem for me to wait until the interview but the problem is we both have a misdameanor background. We were arguing, someone called the cops and they cited both of us for domestic assault. The judge reduced this to petty, we did the program and now its pretty much dropped. I care deeply for this women and want nothing more than her happiness whereever it takes her. Please advise.

  • #2
    I have recently separated from my Korean wife of 3 and a half years. This marriage was definetly in good faith. She tried as hard as she could and we just couldnt overcome the cultural differences. She had enough, and left me. I love this women with all my heart and want the best for her. It appears we are going to remain friends. I wish very much for her to stay here and maintain her visa. At least this way I might have a shot at getting her back. Anyways, we have sent out the i-751 and have recieved the extension for a year while awaiting processing. What is the best way for her to get her permanent visa? Its no problem for me to wait until the interview but the problem is we both have a misdameanor background. We were arguing, someone called the cops and they cited both of us for domestic assault. The judge reduced this to petty, we did the program and now its pretty much dropped. I care deeply for this women and want nothing more than her happiness whereever it takes her. Please advise.

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    • #3
      Normally, you have already passed the test, in that the BCIS may not even bother with asking you any addiitonal questions, and therefore you should just wait out the processing time, as there is no expedite process.

      Comment


      • #4
        So long you stay married with yr wife until a decision is made on her I-751, it won't be any problem for her to get p.residence, and you did say that you really want her to get green card so that you can win her back, right.

        As far as misdameanor is concerned, it doesn't matter now, because she will not be going thru a criminal background check-up again for I-751. And, even if you have any murder conviction on your record, it won't affect her I-751 because this case is for yr wife, and not for you.

        But, if you guys are called-in for interview [I doubt it], then INS officer "may" ask her that if there is anything s/he should know, wherein she has to be honest about her misdameanor [but she needs to make sure that she won't disclose any information voluntary], otherwise she would face deportation in the future for lying to INS, and not for misdameanor itself. But, if she honestly answers to officer, then it won't be any problem because misdameanor- itself is not a inadmissible ground for green card.

        I will strongly advise both of you to see a marriage counsellor, because- First, you really need it, if you really want to be together, and I believe that you will, because you say you love her and want her back in yr life. Secondly, both of you should stop this domestic violences against each other, because there is nothing both of you gonna get out of it. As a result, you will be ended up in jail and she will be deported eventually, since there is no mercy for a green card holder if she is found to be guilty of any kind of crimes, which does include domestic violence also.

        You should know that our immigration law is very tricky, because-if someone has committed aggraviated felony crimes prior to become a green card holder, then a person is still eligible to get green card based upon approval of waiver, but after becoming a green card holder, there is no waiver and no mercy at all. If you can review thousands of courts' cases, then you will find that the people who are on deportation proceedings, mostly are green card holders, but they have some kind of conviction [even for minor crimes], which made them removable from the United States.

        In my view, you should behave like a matured persons, and do need a enough communication between each other in order to sort out the differences. Good luck.

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