MY HUSBAND AND I MARRIED WHILE HE WAS IN US ON A VISITORS VISA; I AM FILING USCIS PAPERS; CAN HE BE DEPORTED?
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MY HUSBAND AND I MARRIED WHILE HE WAS IN US ON A VISITORS VISA; I AM FILING USCIS PAPERS; CAN HE BE DEPORTED?
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we started dating in may of 2008, his expiration date of legal entery ended in july; so he returned to india and came back to visit in febuary, after his return we decided to get married and i am currently filing immigration papers. his legal entry stay expires in may, i plan to send paperwork to INS tomorrow, can he be deported since we have gotten married and his expiration date is next month although we have filed paperwork? i was not aware that we shouldn't marry under visitor visa at the time; i assumed that when they grant you a marriage license that it is legal. what should i do now? we are both devastated thinking that we will have to be apart again.
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mmuscs
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Yes, because he is "out of status". But if his visa is still valid you can probably have the status adjusted. You need to file the paperwork as soon as possible. |
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Yak Rider
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Here's what you need to do.
You need to do a "concurrent filing."
You file, I-130, I-864 and G-325A.
He files I-485, I-131, I-765 and G-325A.
You file all these forms at the same time, in the same envelope. The total filing fee is $1,365.
In about 90 days, or less, he'll get a work permit.
In about 6 months he'll have his immigration interview.
In about a year he'll get his green card in the mail.
DO NOT let him leave the USA until permission is granted by USCIS.
He WILL be allowed to stay and adjust status. Keep the receipt for the I-130 and I-485 with his passport. This is PROOF that he's got a pending immigration action. He's 100% legal until a final decision is made on the applications.
He will NOT be deported.
If asked you must both swear that marriage was not intended during this visit. Tell USCIS it was a "spur of the moment" thing. Stick to your story. You'll both be fine. |
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g spot
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HE DOESNT HAVE TO GO BACK HE CAN JUST STAY HERE. BUT FILE THE PAPER WORKS FOR HIM OR HIRE A IMMIGRATION LAWYER |
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Eternity
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When they call your husband to interview he will have to be in his home country for an interview.
If immigrations find out your husband came here on a visitor visa and had the intention for marriage, it wont look good on his part. |
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