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Thread: how likely is it to be deported if marred to a us cit and yet have no status?

  1. #1
    I have had the royal run around from immigration and now find that i have NO status and because i filed the I130 on its own, i have to wait until that is approved before filing I485 and I765. anyone have any idea if its likely that i can be deported? was also told that if i returned to my country, i would not be able to get back into the usa. any ideas? should i go ahead and file the I485 anyway? would appreciate any help or ideas, i am LOST and CLUELESS

  2. #2
    I have had the royal run around from immigration and now find that i have NO status and because i filed the I130 on its own, i have to wait until that is approved before filing I485 and I765. anyone have any idea if its likely that i can be deported? was also told that if i returned to my country, i would not be able to get back into the usa. any ideas? should i go ahead and file the I485 anyway? would appreciate any help or ideas, i am LOST and CLUELESS

  3. #3
    Can you be deported? Yes
    Will you actually BE deported? Very unlikely

    If you entered the United States illegaly (ie you snuck in without a visa), then you shouldn't bother with I-485 because it will be denied. You will have to leave the country and then your spouse will have to apply for the I-601 to waive the 10 year bar.
    If you entered the United States with a visa which is now expired, than yes, you should file the I-485. It will most likely be approved if you have no criminal record. In this case, you should NOT leave the United States under any circumstances.
    Have a nice day

  4. #4
    thanks for answering. i entered on a visa waiver for a 90 day visit. i married before the end of the 90 days. i am australian. i have talked to so many ppl from immigration and citizenship and each told me something different. i was told to file the I130 first and now they tell me this is wrong. my husband and i are devastated. i do not wish to work in the usa but u cannot do much without a ssn and status. if something were to happen to my family back home i would not be able to go to them and return. feel its all hopeless now.

  5. #5
    You are likely to be deported.
    You entered in US for 90 days and got married within 90 days means you are mis rep yourselfwhile getting visa. You are intended immigrant who mis represented yourself as visitor but actual intention was marriage( that how it will be looked at your case by INS).

    Filing I-130 will not protect you of deportation, its just an approval of bonafide marriage.
    Its a discussion, not a legal advise..

  6. #6
    I may be wrong, but as long as USCIS has received the I-130, you aren't accumulating unlawful presence to the best of my knowledge.

    However, approval of the I-130 can, at times, be quite a lengthy wait process. I hope for your sake that you are one of the people with a quick approval, so that you can get on with the rest of the AOS process.

  7. #7
    What ever happened to I-485 Supplement A (worth $1000) ??

  8. #8
    very few marraiges actually get denied if you're not EWI. Unless you have a big fat t-shirt that says "im' committing fraud" -- they're all just bark but no bite.

    -= nav =-

  9. #9
    Spouse you are wrong. I 130 is visa petition not AOS. This can be approved even if you have deportation exists.
    it didnot protect to issue NTA, Deportation, detention, or illegal presence( Yes, physical clock will be running if NO NTA is issued but it cannot protect you for bar of over stay), excuse of overstay.
    Its a discussion, not a legal advise..

  10. #10
    Alex, that was just a temporary thing. It was for people who EWI. It is over. People who marry EWIs are S.O.L.

    I know a man who married a Brazilian girl who came on a tourist visa. He had met her while studying there and they had been together for a long time. He had no idea about immigration laws. He didn't even bother to look into it. He was too in love to think much about it. He just assumed that everything would work out. He proposed to her the same day she arrived and they went to Tahoe that same week and tied the knot. He planned it all as a surprise.
    Well, he said that when they went to thier interview, the woman was very mean, especially to his wife. She accused her of immigration fraud. They were stunned, as they didn't think they'd done anything illegal. Somehow they got to go to another interview (I'm not sure if they appealed or what) and the new woman who interviewed them was very nice and stamped the wife's passport. I'm not sure how long the whole process took. The husband sits behind me in a class and I've only chatted casually with him about it. Anyways, I hope it's an encouragement to you. Good luck.
    Have a nice day

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