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Voluntary Departure question.

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  • Voluntary Departure question.

    OK. This is probably a stupid question but..I need to know when to go to Vegas! My Fiance is in removal proceedings and will request VD, and is eligible if the case doesn't get thrown out of court first. Is it safe to say that we should wait until he accepts VD and then get married, rather than during removal proceedings?

  • #2
    If the INS determines that you guys got married to keep him here in the US, you will have problems.

    It is called "Marriage with the intent to evade immigration laws" and if they feel that is the case, his AOS will be denied. The old days of a green card wedding are long gone - they really scrutinize marriage based AOS now.

    The chances of that determination being made in your case is very high. Especially with a deportation order (or even VD) on the table. Consult the lawyer that helped you out last month for their advice.

    You guys need to do this just right and have a good deal of luck on your side to get this stuff sorted out.

    Good luck with everything...



    • #3

      I thought you posted earlier that the judge and ICE threw out the case and let him go.

      But now he's in removal proceedings??? He's being deported. Why is he being deported???

      Marraige to him now won't save him. Cuz even if he tried to adjust -- they'll pull his removal case and tell him to square that off first.

      In fact, the marraige will scream frivoulous due to the timing, so it's unlikely it'll help him one bit.

      In fact -- it'll hurt him in trying to convince a judge he was "visiting" the us as a tourist.

      I guess you need to get a real lawyer now if
      he's facing deportation.

      If he uses VD -- he can't come back for at least 10 years.

      -= nav =-


      • #4
        The ONLY reason he is in removal proceedings is because of the misemeanor DUI. No overstay, no Visa violation, that is the ONLY thing they have on him. He completed all sentencing for DUI. I can prove that we have known each other for close to three years, I've traveled back and forth with him to Canada and Mexico, and CBP can confirm. Our Attorney thinks it will be thrown out of court, she can't understand why they are even wasting their time. But she did mention VD.

        We will be married, and not for immigration purposes, and I'm not pregnant either, nor plan to be. We just don't want to "shack" up anymore! I guess INS is not used to bonafide marriages. What are you supposed to do, just meet someone and marry them?

        I did read somewhere where after VD date is agreed on, you are not considered in removal proceedings any longer. Maybe we just need to fight this all the way.

        Also, is VD an automatic 10yr ban?


        • #5
          Okay either something is major is missing out of this equation or the government has changed some sort of regulations.

          Misdemanors, even DUI's, are _not_ causes for putting someone into removal proceedings. Multiple DUI's can be construed as an act of CIMT (crime of moral turpitude).

          I suggest

          1) time to start getting a lawyer. Removal Proceedings are not mickey mouse. He's being deported. Marraige will _not_ help him here.

          2) Go to Post your ENTIRE situation in the US immigration usenet forum. Some highly intelligent folks post there (including lawyers and INS folks) and give you a definate accurate answer.

          -= nav =-


          • #6
            VD by itself doesn't trigger the 10yr ban. Failure to leave by the designated date specified in VD though, will trigger the 10yr ban.

            Why did you decide to go on VD when the attorney thinks the case will just get dismissed in front of the judge??


            • #7
              The first court date is in April. He actually hasn't yet taken VD. The Attorney threw it at us as an option. Both of us are new to all of this. ( I am USC & him Canadian Citizen) But His Attorney confirmed that the INS only had the Misdemeanor DUI on him. I just want to make sure all i's are dotted.

              We will get married whether it be in US or Canada. But if it will mess things up, we'd rather wait of course.

              >"If the INS determines that you guys got married to keep him here in the US, you will have problems."<

              And if the INS determines that I really do LOVE the guy and do want to keep him here in the US or I will end up in Canada with him? (freezing)


              • #8
                Brainless a$$ wants to marry smelly Canadian. F uck off with your Canadian *******; Why should we allow a criminal Canadian to stay in our country? Take your drunken motherf u cker somewhere else; not in my country !!! Canadians are no better than normal grints !!!!


                • #9
                  Unfortunately since you're not married right now, your opinion probably mute at this point, and if you do marry him immediately, USCIS will be deeply suspicious about it as stated before and probably will just complicate things. I would definitely advise against that.

                  If the lawyer are confident that the case will be dismissed, I'm kinda leaning toward following their advice, afterall they're supposedly the expert. Like Moodin said, USCIS must've really enforcing stricter regulation that a misdemeanor will trigger deportation, thats usually reserved for Felony class.

                  As for the VD, the advantage of using that is that there's no penalty associated with it as long as you leave within the designated date. USCIS claimed that it won't affect future attempt to secure entry to the US. So, technically he can exit with VD and just wait for the K visa to be approved, or reenter US using the visa waiver program, get married in the US and began AOS. It just depend how much trust you'll put on USCIS claim.


                  • #10
                    Another fraudster we have here; Canadian a$$ wants to stay here after DUI . Get the f uck out of my country now !!!!!


                    • #11
                      Help me, Depo Man, to burn at stake this dirty grint!
                      I have a kerosene, Depo Man, I have a kerosene!!

                      Danielle got away already, but this grint we MUST burn, for the sake of fairness!!

                      Burn, grint, burn!!!


                      • #12
                        Depoman, are those remarks and that language really necessary?


                        • #13
                          are you on the side of the grints too?
                          Either help us burn this grint, or else..


                          • #14
                            E, don't get these people confused as to how you really are, shame shame!

                            How ya doin'?


                            • #15
                              Depo Man is OBVIOUSLY showing his level of intelligence by his vocabulary. Get out of YOUR country? HA! Who gave it to YOU?
                              You must think your somebody REALLY special!

                              Didn't GW get a DUI? And didn't Canada PARDON him for it?

                              Come on BIG guy, answer that one!


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