My husband and I just got married in September. We originally met online. Then he came to visit me from Portugal on a Visa Waiver Program. He first came in April, then before 90 days expired he left to Portugal and returned 2 weeks later. After 6 months we decided to get married: not only that we love each other but we wanted to make the process of him staying in the U.S. easier. Unfortunately, we didn't file any forms right after the marriage... and 2 weeks ago he was crossing state lines with a friend and got detained by the border patrol: he overstayed his I-94W expiration date by 3 days and we have not yet filed the petion for Alien Relative (i-130). Then he was taken to a processing center and then county jail due to overcrouding.
Day later I found an attorney who told me he would get my husband out of jail on bond at the time of the hearing. I thought the nightmare would be over
in 2 weeks. The attorney made me fill out the I-130 petion (which was a separate charge but we didn't include passport pictures of my husband, which i fear can be a problem - but he is in jail). Will this be a problem?
A day before the hearing (nearly 2 weeks later) my attorney told me that due to the fact my husband entered on Visa Waiver Program (which we told them from the begenning) he is not eligible for hearing and ICE filed a motion to terminate the hearing procedings. Which is what happened. So my husband is getting deported and we are praying that his removal will be quick as a conditions in the jail he is held , in my opinion, require a UN inspection. They will not let him see me in person (only video visitation) and although he has a paid return ticket they do not want to allow him a volantary departure. I am very very upset. And in addition to all this I feel I was misrepresented by our attorney, who raised our hopes and then such a stab in the back. I am thinking of fighting the attorney for refund. They never even went to visit my husband in jail. There was no bond hearing (for which I paid 2500). Attorney told me that he can get my husband back on a K2 visa within 6 months... I checked and K2 visa seems to be a visa for a child... How can I possibly trust this lawyer anymore... Neglegence, greed and ignorance that we didn't deserve...
My understanding is we will need a different visa for my husband to re-enter the country. He now must come as "my husband". Will he be able to re-enter the US? His overstay was only 3 days and no criminal activity. We didn't have the intent to get married at first so, he didn't plan his immigration in advance when he came to visit. And we got married in USA... K1 and K3 visas seem to only work if the marriage took place outside of the USA. Can someone please give some idea what to do...
I really appreciate any advice on the matter. Please Please Help!