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  • fiancee arrested

    My fiancee got arrested because he is an illegal at this point. Wasn't always. His visa expired and he didn't leave. A couple problems. He made bail and we are waiting for a hearing. We aren't really sure what the hearing is even for. I think its for deportation? He is going to hire an attorney but I was wondering how long befor the hearing?

    The next question is he bought a house a few months ago. Maybe not the smartest choice since he knew his time was almost up. He paid cash for it so he doesn't owe any mortgage. Is that going to become an issue?

  • #2
    My fiancee got arrested because he is an illegal at this point. Wasn't always. His visa expired and he didn't leave. A couple problems. He made bail and we are waiting for a hearing. We aren't really sure what the hearing is even for. I think its for deportation? He is going to hire an attorney but I was wondering how long befor the hearing?

    The next question is he bought a house a few months ago. Maybe not the smartest choice since he knew his time was almost up. He paid cash for it so he doesn't owe any mortgage. Is that going to become an issue?

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    • #3
      It's probably a removal hearing. He's going to need a good lawyer for that one.

      Not sure what to tell you about the house...can he transfer it into your name?

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      • #4
        How did he get arrested,what counrty from??how long overstayed?
        where do you live?

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        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by thewomen:
          My fiancee got arrested because he is an illegal at this point. Wasn't always. His visa expired and he didn't leave. A couple problems. He made bail and we are waiting for a hearing. We aren't really sure what the hearing is even for. I think its for deportation? He is going to hire an attorney but I was wondering how long befor the hearing?
          Depending on what he got arrested for, how long is overstay is, and the circumstances of his overstay will depend on the likelihood of deportation being a reality. If you are thinking about marriage, I would first talk to a lawyer. USCIS might construe this as an attempt to gain immigration benefits, but this would depend on whether the wedding date has already been set or not.
          The next question is he bought a house a few months ago. Maybe not the smartest choice since he knew his time was almost up. He paid cash for it so he doesn't owe any mortgage. Is that going to become an issue? </div></BLOCKQUOTE>

          I do not forsee the house being a major problem. If he is deported, he can always ask someone to manage the house, rent it, and pay the necessary taxes. He could give it to you but will be required to file a gift tax return, or he could sell it, if he chose too. He does have options with the house, but I believe it would depend on the likelihood of him being deported.

          If you need tax help, you can always ask me.
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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          • #6
            Sorry. My time table is a little screwy. Time flys. His visa expired 13 months ago. The house was 16 months ago. He got picked up at a check point in Arizona. That is where the house is to.

            He is from Brazil. We were wondering about the time befor court. If he has to or should sell the house. I have thought about marriage. But wouldn't that look funny? We intended on it but no exact date yet.

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            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by thewomen:
              Sorry. My time table is a little screwy. Time flys. His visa expired 13 months ago. The house was 16 months ago. He got picked up at a check point in Arizona. That is where the house is to.

              He is from Brazil. We were wondering about the time befor court. If he has to or should sell the house. I have thought about marriage. But wouldn't that look funny? We intended on it but no exact date yet. </div></BLOCKQUOTE>
              Do you know the circumstances which he overstayed his visa? Did he attempt to adjust to another visa? Or extend his existing visa? Which visa did he enter the US on?

              With his overstay of 13 months, he faces a mandatory 10 year ban. Even marriage will not help once he is deported. Either way, a waiver may need to be considered, primarily at the time of deportation hearing.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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              • #8
                It was a h1 b. he did try to find a new employer but once it expired no one wanted to hire him. The old company was having cutbacks and let a lot of people go.

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