My husband and I were married in 2010. He had spent 2 years in mandatory detention due to being "out of status" but we were approved for the i485 and he was finally released. We just filled out the i751 a few weeks ago but I forgot to send in affadavits BUT had alot of proof of our marriage being real such as: pictures with dates on them, vehicle title with both names, loan agreement with both names, 401K with my husband being the beneficiary, joint savings account,etc. Does it matter the affadavits were forgotten? Also, my husband was charged with 2 misdemeanors (1st offense trespassing & peace disturbance) which he plead guilty BUT is fighting a DWI in another state (he had key in ignition but not driving vehicle). Just wondering if anything will happen with all of these things??
Your situation demands a consultation with an immigration attorney. It would help you and your husband to sit down with an attorney and discuss the matter in detail.
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I agree with my colleague. You should find an experienced immigration attorney in your area and schedule a consultation so that he or she can properly advise you on you situation. Best of luck.
This response is offered for informational purposes only. It does not constitute an attorney-client relationship. Every case is different and it is important to obtain sound legal advise from an experienced immigration attorney before filing an application. If you would like to schedule a free consultation to discuss your situation further, please contact us at (479) 717-2278. We have offices located in Springdale, AR and Fayetteville, AR.
Well did you disclose the DWIs on the form as you were supposed to? Has he completed probation on these? How long ago and how far apart from each other did the two charges occur? These are only a few of the questions necessary to determine how to best advise you and your husband, and as you can see, it is difficult to do so on a public and general online forum. And yes, the I-751 does require I believe 3 notarized affidavits from individuals who know both of you and can testify from personal knowledge as to your ongoing marital relationship. Your application will most likely result in an RFE if not an outright denial. Please see an immigration attorney in your area today to see how to remedy what can be remedied.
This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.