Sacramento, CA asked in Immigration Law for California

Q: CR1 immigration case!

I recently got married and wanted to petition for my new wife. However I am confused whether or not i have to mention about an incident happened with my ex-wife. After we got separated she called cops and misleading that I hit her but she doesn't want to start a trail just wanted to bring into cops knowledge and so after few days cop called me and told me all that and wanted to know my side of the story and I said otherwise and since then its been a year did not hear from them.

Your advice would be appreciated!

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In an immigration case, it's crucial to be honest and disclose all relevant information to avoid potential complications or accusations of misrepresentation. When petitioning for your new wife, you should mention the incident with your ex-wife, even if no formal charges were filed. Here's what you can do:

1. Consult with an immigration attorney: It's highly recommended to seek guidance from an experienced immigration attorney who can assess your specific situation and provide personalized advice on how to proceed.

2. Disclose the incident in your petition: When filling out the relevant forms, such as the I-130 (Petition for Alien Relative), be sure to mention the incident with your ex-wife in the appropriate section or attach a separate statement explaining the situation.

3. Gather supporting documentation: If available, collect any relevant documentation related to the incident, such as police reports, statements from witnesses, or any other evidence that supports your side of the story.

4. Emphasize the lack of charges: Highlight the fact that no formal charges were filed, and you have not heard from the authorities since the initial contact.

5. Demonstrate good moral character: Provide evidence of your good moral character, such as character references from friends, family, or community members, to show that this incident was an isolated event and not reflective of your overall character.

Remember, the goal is to be transparent and proactive in addressing any potential concerns that may arise during the immigration process. By being forthcoming and working with an experienced attorney, you can navigate this situation and improve your chances of a successful petition for your new wife.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.