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Moving to Different While in Removal proceedings!! please help

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  • Moving to Different While in Removal proceedings!! please help

    Hello
    I am under Removal Proceedings( NTA ISSUED) and My cpourt date is Next month.
    Now I want to MOVE to a differnt state cos I am getting Married with my fiancee thier, Can I move to a diffent state while I am a month away from My court hearing date(I am set for master calender)
    Our plan is to get married before teh ccourt date and My fiancee, (his is usa citizen) will file for petetion), Will judge give me any relief If I have File pending With INS when I will appear in court?
    Plese help this poor lady
    Thanks

  • #2
    Hello
    I am under Removal Proceedings( NTA ISSUED) and My cpourt date is Next month.
    Now I want to MOVE to a differnt state cos I am getting Married with my fiancee thier, Can I move to a diffent state while I am a month away from My court hearing date(I am set for master calender)
    Our plan is to get married before teh ccourt date and My fiancee, (his is usa citizen) will file for petetion), Will judge give me any relief If I have File pending With INS when I will appear in court?
    Plese help this poor lady
    Thanks

    Comment


    • #3
      Whats the reason of your NTA?

      I dont think you can marry and adjust your status since you have been issued a NTA, INS is gonna say that you got married to avoid deportation.

      Comment


      • #4
        Thanks Garry

        They issued it cos I did not find job on MY fisrt 4 motnhs of OPT time.

        Comment


        • #5
          Whats your status right now ?
          Did you overstay and how long?

          Comment


          • #6
            Well Gary, I still have work permit valid(till December 2003) so technically I dont know If I overstayed or what, Idont want to hire a lawyer cos I am educated women And I can do all research Myself.But I really apprecite your help, and by the way, can I move to a diffent state?

            Comment


            • #7
              Marriage only is not gonna prevent deportation, you should marry and file before master hearing date.
              produce the Filing receipt with other evidence to judge , sure ,you have to prove that your marriage is bonafide and if judge think that your I-130 is approvable then he will give you another hearing date and he will wait for I-130 to be approve by INS, Next hearing date if your I-130 is approved then you will be allowed to AOS.
              On the other side of the coin, if you dont marry or Marry and don't file, you will have noting to prove that why you are allowed to stay in this country, in that case judge has two choice either allow you for voluntary departure which is within 90 days MAX or deport you. If you will be asked for depart voluntary then you have to give up your right to appeal too.

              Comment


              • #8
                Thanks Mohan,

                Well what If I take volunteer departure Before Master Hearing Date And then go back home and Ask My fiancee to file my K-1 visa, what is the probability in that case that The conslate will Issue me K-1 visa so I can come back and marry my fiancee and then file for papers?is there any hope

                Comment


                • #9
                  What you mean Voluntary departure before master hearing?
                  IF you leave without attending master hearing it will be called self deported, and on the other hand hearing will be held in absentia and you will have deportation order against you.
                  You should Ask for V departure and leave within time frame and then apply for K visa.
                  How ling you was OOS?

                  Comment


                  • #10
                    I would do what Mohan said in the begining. Leaving may cause problems down the line when you are trying to get your visa.

                    Comment


                    • #11
                      Well I will be going to Hearing for sure.And trust me Mohan I did not violated My staus, but that INS officer just was too rude and he wasted 8 motnhs of my visa and by the dat I will go to court that will be the last day of My Visa Expirtion, so I will have to leave anyway.
                      Well I will Apply for VD at the Master hearing.
                      My question ws, will it create any problem for me to get bak on K-1 if I tak ea VD??will conslate will deny my visa cos I have a VD??
                      Thanks a lot Mohan

                      Comment


                      • #12
                        Hey Mohan,

                        You said that she is gonna have to prove that the marriage is bona fide...

                        When is she gonna have to prove that? Now or at the AOS interview....because if she has to prove it just after getting married.....how can she do it, the marriage is not gonna be very old to prove anything yet.

                        Can you give us more details?

                        Comment


                        • #13
                          Hello .. time out..
                          IF you marry now and ask for VD at hearing, you can come ASAP as your K approves. Bar won't apply to you if you leave within time of V departure.
                          The best think to do in your case is to file for AOS while here, Also you have NTA so you can put in the record that you are married and intended AOS, If IJ will see you are filed , he will postpond hearing for couple of months because of I-130 and furthermore you will be allowed to adjust in the court ( this process will take less time then regular process), still you can ask for VD if IJ don't want to wait for I-130, result will be the same. You can file anytime for K visa, I don't understand your 8 month issue here. Can you define again?
                          TO MOHAN;
                          Once alien marry while under NTA/Deportation it was presumed that he is marrying to get his deportation terminated,
                          HE has to prove the marriage is bonafide, it doesn't matter how old or young the marriage is,
                          I-130 will only be approved based on true marriage, Prooof.

                          Comment


                          • #14
                            hi ,everybody .I am entering this page because i do not know how to make my own .Please , who knows anything about cia check up , help me with advice . I had an interview with IJ for green card in the beginning of april and they forgot to do cia check up , so I could not stamp my passport and now I am coming to Federal plaza on a weekly basis ,standing in that huge line just to get from information " i do not know anything answer ". What can I do about this situation ????Thank you for your reply in advance ...

                            Comment


                            • #15
                              Visiting federal plaza IN NYC will not help you. CIA checkup will be done internaly, they will have your fingerprints and it will take month to do that, if you are already fingerprinted then you dont need to go to manhattan again and again.
                              if you are not finger printed then go with picture IS and your alien No and ask on the counter to get finger printed it will cost you $ 50 ( make sure you have mean of paying, MO/Check etc).you are done.they will call you by mail.

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