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  1. #1
    Join Date
    Feb 2008
    Posts
    3

    Default Can Marriage Help Me From Being Deported, If I Get Married During Removal Proceedings

    I came to this country 2006 to study with f-1 visa. i was still in school my girlfriend that i was dating said we should get married and we fix the marriage already to take place in next five month during the summer. But i have a problem now- i was working off-campus without authorization and i was arrested by immigration and girlfriend mom paid 5000 dollar for bond so that i can continue with my study while i await court date for deportation proceeding, because daughter was unable to eat while in was in jail.MY QUESTION IS----she told me,we will still go ahead with the marriage but i told her that i might probable be deported back to my country since marriage as not taken place before the INS problemso it does not make sense to get marriage and on the other hand can getting marriage to her help me from not being because i love this girl in question.pls i need solution she love me and she does want me to go.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,114

    Default Re: Can Marriage Help Me From Being Deported,if I Am In The Removable Proceeding

    Getting married will not keep you here, no. You'll still be deported.

    If you marry prior to your removal from the US, she may be able to file for an immediate relative visa for you in 2 (?) years. You'll want to consult with an immigration attorney as soon as possible.
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  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,429

    Default Re: Can Marriage Help Me From Being Deported,if I Am In The Removable Proceeding

    Have you been offered voluntary departure (so you don't extend your period of ineligibility due to having been deported)? If so, that's an option to consider. Do you have an immigration lawyer? Another option to seriously consider.

  4. #4
    Join Date
    Feb 2008
    Posts
    3

    Default Re: Can Marriage Help Me From Being Deported,if I Am In The Removable Proceeding

    i have not been give voluntary departure and i have not being given court too and i was tryin to ask will they deport me because i work without authorization as a student.

  5. #5
    Join Date
    Feb 2008
    Posts
    3

    Default Re: Can Marriage Help Me From Being Deported,if I Am In The Removable Proceeding

    i have not been removable yet and my court date as not being set but i am back in school.And now mind is not settle what do u think i can do before is too late.Also can will deport student because he work without authorization

  6. #6
    Join Date
    Jul 2008
    Location
    Nebraska
    Posts
    2

    Default Re: Can Marriage Help Me From Being Deported,if I Am In The Removable Proceeding

    Quote Quoting LawResearcherMissy
    View Post
    Getting married will not keep you here, no. You'll still be deported.

    If you marry prior to your removal from the US, she may be able to file for an immediate relative visa for you in 2 (?) years. You'll want to consult with an immigration attorney as soon as possible.
    First, AND MOST IMPORTANTLY find a lawyer to help you through this process. I would check with your local law school which might have a clinic that does this work for free. This is what I did (since I am also going to that law school) and they help all their immigration clients for free. Or check with Legal Aid for whatever State you live it for a list of immigration attorneys. Lawyers will be a lot more helpful and more honest with you about your options then all the people on a forum like this.

    Second, I wanted to tell you that this is almost what happened exactly with my husband and I. We met while we both were attending the university and he was here on and F-1 visa. We were engaged and waiting for the wedding when he was arrested by ICE (for an expired visa and for working) and put in removal proceedings. We had already started the process of getting our paper work ready because we knew we were getting married. This just made the process longer. We could no longer file the whole marriage packet (I-130 with the I-485) Because you are in removal proceedings you have lost your right to file a I-485. You might file the I-130 first.

    I quoted LawResearcherMissy because I wanted to point out that she is only half right. You can still get married and if you can prove by "clear and convincing" evidence that this marriage was not entered for fraud (money) then you don't have to live outside the country for two years and you won't necessarily be deported. But... you have a higher burden of proof. (You will need to have pictures, love letters, proof of relationship, affidavits from family, friends, each other, proof of joint bank accounts (if you have them), proof of engagement, proof that you are living together, pay bills together, etc)

    I would say, get married and have your wife file the I-130 for you ASAP. Then when you go before the judge (with your attorney) you will ask him to conditionally terminate the removal proceedings against you (while you await approval of your I-130.) Otherwise, unless you have some other form of relief (which it sounds like you do because you are back in school), you will be deported. My husband couldn't go back to school without reapplying outside the US for another visa, so his relief was the I-130. We just bumped our wedding up two months. Our lawyers wanted us to get married asap but I waited one month to get our things in order. There is a lot of paperwork to get ready so your marriage certificate can be the last thing.

    I would just like to point out that I am not an attorney but I am studying to be one, an immigration attorney no less, and I have gone through a very similar situation like the one you have described and I wanted to offer some real advice.

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