Greetings Friends,
This is my last resort, and I hope someone can give me an idea of what I should do. I would be eternally grateful!
My fiance allegedly entered the US with a false passport, then overstayed his visa which he obtained with this passport. He is currently being detained for passport charges, and not with the INS yet. I know INS will probably not adjust status if we get married while he is already in removal proceedings, but an immigration lawyer told me that we only need to prove the relationship existed beforehand.

My question is this- Is he considered to already be in removal proceedings, and if so, would it be detrimental to get married now? They detained him two months before his 1-year towards the ten-year ban, and he is now well past this one year, even though it is because he is being detained. i want to try to keep him from being subject to that ban, ofcourse!

Any help would be greatly appreciated -GREATLY!!!
Thanks,
juju

I would suggest to go to ahead and get married and file I-130. I dont know if he is under the INS jurisdiction right now or the Immigration court has jurisdiction over the case.

If the INS has jurisdiction (in papers) he is still eligible to file for AOS. COnsult a very good lawyer in this regard. They will be able to give you the best answer.

Best of luck!

You really should continue to consult with the immigration lawyer you used already or find a new one. One issue you need to be mindful of is the possibility that your fiance will be removable for fraud at entry and for having a conviction for crime involving moral turpitude. If you do get married and file the I-130 petition, you will probably need to seek two different waivers for the fraud and for the crime if/when you file for adjustment of status. Those are not easy applications to pursue. It doesn't appear that your fiance is in immigration custody yet. If he ends up in custody after the conviction, don't be surprised if he is a mandatory custody case. The unlawful presence bans are the least of your worries. You'll need some better guideance than what you can get just off of this discussion board. Good luck!

- rrv
e/m: rvelasquez@srs-law.com

Thank you SO much for replying! It is nice to know there are still compaasionate people in this country!

1. Unfortunately, lawyers are asking for thousands and thousands of dollars- well beyond any of our means,
2. I am almost positive that usin a false passport is not considered a crime of moral turpitude.
3. I realize that I would need a waiver for the fraud charge. Any idea what it's called or with whom I would file it?
4. What would the second waiver be needed for?

Thanks again, so very much!
juju

Thank you SO much for replying! It is nice to know there are still compaasionate people in this country!

1. Unfortunately, lawyers are asking for thousands and thousands of dollars- well beyond any of our means. Also, I have spoken with a lot of dishonest who want me to think it will be a piece of cake so that we give them said money. I have yet to speak with one who has been straight up with me.
2. I am almost positive that using a false passport is not considered a crime of moral turpitude.
3. I realize that I would need a waiver for the fraud charge. Any idea what it's called or with whom I would file it?
4. What would the second waiver be needed for?

Thanks again, so very much!
juju

Now I know why juju is so angry. Your fiance is a crook.

Oh Isaac...... Grow up!!!


PLEASE!!!!!!!!!

Juju, I wish you the best of luck in this situation and lots of prayer. But honestly speaking, I think you should think about YOURSELF and YOUR future. If you can live with this, the long tedious process and the thousands of dollars that you will spend on your fiance, then go for it.

I am just mentioning this out of concern for you and your future, not as a judgment or a put down, just genuine concern.

Please just take a step back and think about it.
God Bless!

Paudy and B,
Thank you so much for your support :)
Every little bit helps at this point!
juju