Im an African married to an American since July 1st 2010. Filed for my greencard in August 2010, went for the interview Jan 2011 and it went well to my understanding. In June 2011 my wife eloped with another man with all my stuff only to come back 2 weeks later;when she did we got in a scuffle and I was arrested for DV. I was in jail for 4 days before being released. Since then I have contacted the USCIS office many times and the response I get is "We are actively Processing your case". My wife and I havent lived together since June 2011, even though we are still married and still in touch. My question is could the jail time and my wife being gone be a factor? If yes what do I do next to get my green card its been close to 2 years now
It seems that the DV arrest came after any fingerprints would have been taken for the adjustment of status based on your marriage to your American wife. So it probably is not that. Also, your wife eloped 5 months after the interview, so it could not have been known at the interview. The only possible thing is did your wife send any correspondence to USCIS after these incidents? You may need to retain an immigration lawyer to follow-up.
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
Your wife does have the right to withdraw the petition anytime before its approved. If you are not together you should expect your case is at investigations, which can take about 3 years to complete. You should speak with an immigration attorney.
Reapectfully, message boards are not the same as clear, concise and targeted advice from a lawyer who has all the facts in front of them. Especially in the Cincinnati CIS field offices, fraud is a big ticket item and they will be actovely investigating any case with facts like yours.
Your question is too complex and case specific for it to be answered meaningfully on Avvo.
You need to retain an experienced immigration lawyer to review all the facts and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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