Criminal Charges After a Domestic Dispute

This is how it works (the much simplified version)

1. She's overstayed her visa
2. There are only one or two ways she can do this and adjust her status - marriage is one (I'm assuming that's what's happening, yes?)
3. Even if she's currently a permanent resident (which, by your words, she is not) her visa can be revoked at ANY TIME once USCIS gets wind of things...you DO intend to tell USCIS the truth, I take it?
4. If she is convicted, game over. She will be placed in removal proceedings.
5. Even if she is not convicted, the charges alone may place her residency in jeopardy. Again, you don't intend to lie, right?


Do you realize that both of you will have to be interviewed at some point by USCIS? And you'll be asked certain questions? And by that point they'll have both of your criminal records?

You are in a serious case of denial. Unfortunately for you it appears he/she is going to take you down with them.

You've got to understand. Her status here is decided by USCIS. She is here by their good graces. She messes up? She's going home.

Out of interest (and yes, it may make a difference) which visa did she overstay?

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Quoting Disagreeable

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You are in a serious case of denial. Unfortunately for you it appears he/she is going to take you down with them.

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Well, I suppose I could've just said that lol

Evidently I'm the talkative one tonight :D

She is a resident she has a us Id from New Mexico and a military Id through me. She has her own bank accounts and has been here for close to five years

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Quoting Usmc

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How can she get deported when I am married to her working on getting her papers with my chain of command...and also I am not giving up my oath she is my wife who has mental issues that deal with her being transgender.

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:eek:

Uh ... hmmm ... wow ... the Marines have certainly changed since way back when ... great to have an open mind, but I never thought I'd see the day ... huh ...

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I just wanted to know if I get her a lawyer will she likely beat it and come home to me

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Since none of us know what happened, none of us can possibly speculate as to what the odds might be that the DA will not pursue the matter, will offer a deal, or might throw the book at her.

If she is charged, she will also be eligible for publicly appointed counsel if you cannot afford an attorney.

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One of my "buddies" called my chain of command and they called the police I am the only eyewitness to this case

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That's all they need. They subpoena you, and you tell them what happened ... the TRUTH. They don't need you to want to do it. As I said, they expect that you will not. And, depending on what county you're in, they might be very aggressive about pursuing DV cases whether you want it or not. When I was in S.D. County they were very agressive about pursuing them - not sure if that's where you are or not.

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Furthermore there is no immigration hold on her from what I have been told by the arresting entity

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If she was booked into the county jail on a felony, and she is an immigrant - legal or illegal - ICE should have been notified. However, if you are LEGALLY married that might prevent any immediate or near term action even if they were inclined.

How am I in denial

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Quoting Usmc

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She is a resident she has a us Id from New Mexico and a military Id through me. She has her own bank accounts and has been here for close to five years

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You said she overstayed her visa. Bank accounts and IDs matter not.

I also can plead the fifth and refuse to testify

As I said, you are going to let him/her take you down with them. Sounds like you deserve each other.

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Quoting Usmc

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I also can plead the fifth and refuse to testify

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It's not like I have to talk

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I really would appreciate it if you do not down talk me or my wife

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And she is a her not a him/her

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The fact we are married no difference whether she stays or not