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Dear BM, Please comment on the instruction at para 3F ISSUED WITH FORM I-130, regarding filing for husband/wife who has been in removal proceeding at the time of marriage.
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Dear BM, Please comment on the instruction at para 3F ISSUED WITH FORM I-130, regarding filing for husband/wife who has been in removal proceeding at the time of marriage. -
Dear Vito,
Don't worry about the paragraph 3(F) on the instructions, I-130 can still be filed, no matter you are in proceedings or not.
Only difference is an additional document. A "Request For Exemption" has to be filed along with the I-130. I think (I am not sure) Section 204(g) applies to this situation, and our attorney filed the request based on the specific section of the law.
"Section 204(g) of the Act requires that petitions for aliens who marry a USC or LPR while under removal proceedings establish that their marriage was entered into in good faith and that the marriage was not entered into for the purpose of procuring entry as an immigrant. If 204(g) applies, documentation that can establish the marriage is a bona-fide relationship must be submitted. In addition, an explanation enumerating the nature of the immigration proceedings and copies of any relating documentation and/or correspondence from INS are helpful to avoid cases being returned for additional documentation."
Shortly, go ahead and file it but I suggest to hire a lawyer if you are in the same situation. Being in removal proceedings is not a cause to deny a I-130 petition.
I wish you good luck and all the best!Comment
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I made further research for you, Here I am quoting the information for you...
Section 204 (g):
Notwithstanding subsection (a), EXCEPT as provided in section 245(e)(3)(see below), a petition may not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was entered into during the period described in section 245(e)(2), until the alien has resided outside the United States for a 2-year period beginning after the date of the marriage.
Section 245 (e)(2):
The period described in this paragraph is the period during which administrative or judicial proceedings are pending regarding the alien's right to be admitted or remain in the United States.
Section 245 (e)(3):
Section 204(g) shall not apply with respect to a marriage if the alien establishes by clear and convincing evidence to the satisfaction of the Attorney General that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place and the marriage was not entered into for the purpose of procuring the alien's admission as an immigrant and no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section.
Hope it helps, don't worry, GOOD LUCK!Comment
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