Marriage While In Removal Proceedings

[skoolus]

Can my wife file an I-130 even though we got married while I am in removal proceedings?

i am applying for adjustment of status.

i've researched a bit. Marriage is allowed even while in DHS custody. yet instructions for form I-130 state " You may not file this form for a husband or wife, if he or she was in exclusion
deportation, removal, rescission or judicial proceedings
regarding his or her right to remain in the United States
when the marriage took place"

also one website said that i'd have to request an exemption from the normal presumption that such marriage is fraudulent. but what that 'request for an exemption' looks like i've no clue. there were no form #s given.

is it another form that needs to be filed?

thank you

[Mr. Knowitall]

"You may not file this form for a husband or wife, if he or she was in exclusion deportation, removal, rescission or judicial proceedings regarding his or her right to remain in the United States when the marriage took place."

You answered that question yourself.

I suspect the person who wrote the comment was talking about an I-601 Application for Waiver of Ground of Excludability, but if you want to be certain, ask that person.

[skoolus]

what are the options in a situation like this one then?

also what do people who get married while in custody apply for?

thank you again

[aaron]

Beyond this,

I suspect the person who wrote the comment was talking about an I-601 Application for Waiver of Ground of Excludability, but if you want to be certain, ask that person.

I would suggest getting help from an immigration lawyer.