Fiancee facing deportation?

[Fianceelost 0]

Hello, My fiancee and I live together in Miami. we are about to marry. He had a son in Brazil and need to pay child support. The economic situation here is not easy and he is one month behind of the payments. His ExGirlfrend back in Brazil is sending me messages telling me that she wants $1500 in her bank account or he will call immigration on us. (He enter to the country with a Bussiness Visa, but expire 1 year ago). We want to marry long ago, but really we are leaving paycheck to paycheck, and we don't have the money necessary for the ceremony and the license. and we don't have the $4000 that the immigration lawyer charges us for fill all the paperwork for his status change and everything that. My real question is my Fiancee is facing deportation???

[Coco8 1,039]

4 minutes ago, Fianceelost said:

Hello, My fiancee and I live together in Miami. we are about to marry. He had a son in Brazil and need to pay child support. The economic situation here is not easy and he is one month behind of the payments. His ExGirlfrend back in Brazil is sending me messages telling me that she wants $1500 in her bank account or he will call immigration on us. (He enter to the country with a Bussiness Visa, but expire 1 year ago). We want to marry long ago, but really we are leaving paycheck to paycheck, and we don't have the money necessary for the ceremony and the license. and we don't have the $4000 that the immigration lawyer charges us for fill all the paperwork for his status change and everything that. My real question is my Fiancee is facing deportation???

 

Are you an U.S. citizen?

 

If you are a U.S. citizen, you can marry and he can AOS. He gets a green card. The fact that he stayed illegal is forgiven as long as you AOS in the U.S. and you are a U.S. citizen. In this case, you can follow the guides and advice on this forum, you don't need a lawyer. You have to apply for an EAD that allows him to work in 3-4 months after you apply for AOS. That should help with the child support. Hopefully he hasn't been working illegally! 

 

Marriage license is pretty cheap. You don't need to have a ceremony if you don't have money! You would need close to 1600 for the AOS (UCSIS fee) and you can fill in all the paperwork yourselves following the VJ guides.

 

If you are not a U.S. citizen, that is another matter. 

 

 

 

 

 

 

 

 

[Deagle 494]

If she contact immigration about him they will not drop everything they are doing and go after him right away, but they might take the tip and work on it at some point, especially in these days. If you are living paycheck to paycheck then you don't need to do the ceremony. First things first, get married and file the I-130 for your husband. You don't need $4000 for lawyer, here on Visajourney you will get the help you need to do it yourself. Lot of people file without lawyers. Good luck.

 

[Ben&Zian 4,397]

Deportation? Wouldn't worry about that unless caught by ICE.

 

Like above, if you are a US citizen, no issues. If not, then different matter.

 

Money wise, you do need to spend a fair amount for his AOS as well as be able to prove you can sponsor him(or have a joint sponsor).

[Coco8 1,039]

8 minutes ago, Deagle said:

First things first, get married and file the I-130 for your husband. 

 

 

Yes, but also file the form for his EAD. It is free if you file it at the same time. Plus, he needs the authorization to work legally because you need the money.

 

 

 

Yes, he is deportable. If he is found working and gets deported, that is something that might not be overcome even by marrying a US citizen.

 

If he leaves the US, he already has a 10 year ban. 

Edited June 26, 2017 by Coco8

[Fianceelost 0]

30 minutes ago, Coco8 said:

 

Are you an U.S. citizen?

 

If you are a U.S. citizen, you can marry and he can AOS. He gets a green card. The fact that he stayed illegal is forgiven as long as you AOS in the U.S. and you are a U.S. citizen. In this case, you can follow the guides and advice on this forum, you don't need a lawyer. You have to apply for an EAD that allows him to work in 3-4 months after you apply for AOS. That should help with the child support. Hopefully he hasn't been working illegally! 

 

Marriage license is pretty cheap. You don't need to have a ceremony if you don't have money! You would need close to 1600 for the AOS (UCSIS fee) and you can fill in all the paperwork yourselves following the VJ guides.

 

If you are not a U.S. citizen, that is another matter. 

 

 

 

 

 

 

 

 

Yes I'm citizen. I get my naturalization ceremony around a year ago. Can you tell me what is the AOS and the EAD? Maybe some links to find out what we need?

[Coco8 1,039]

7 minutes ago, Fianceelost said:

Yes I'm citizen. I get my naturalization ceremony around a year ago. Can you tell me what is the AOS and the EAD? Maybe some links to find out what we need?

Ok. The fact that you are a citizen simplifies things. 

 

AOS is Adjustment of Status. I means he can change his status my marrying a US citizen and get a green card. Read this: http://www.visajourney.com/wiki/index.php/Adjustment_of_Status

 

EAD is an employment authorization. He will get a card that allows him to work legally. The EAD is temporary, while he waits for his green card to arrive. 

 

Here are some guides from VJ:

 

Examples of forms (check Adjustment of Status (Green Card) Example forms)

http://www.visajourney.com/content/examples/

 

Here is a list of what you will need to submit (don't pay attention to the K1 visa, the process is the same without the K1 visa because he is already in the US). 

http://www.visajourney.com/content/k1k3aos

 

The I-765 is the form to get the EAD

The I-864, if you don't qualify, you can get a joint sponsor, like your parents or any other US citizen who meets the requirements. 

 

This thread could be useful:

You can make your own thread with questions once you fill the paperwork, but before you submit it. You should start checking the documents you don't have (like his birth certificate?) and get them. Also, marry as soon as possible to avoid deportation. Try to send the paperwork for AOS soon but don't rush because you want to make sure you did the paperwork correctly. 

 

 

 

 

 

 

 

 

[Coco8 1,039]

Here is the guide for you http://www.visajourney.com/content/i130guide2

[Boiler 43,434]

He is certainly deportable if you do not do something and it sounds like you need him working asap.

[JFH 12,189]

*~*~*moved from "K-1 fiancé visa process and procedures" to "adjustment of status from

work/study/tourist visas" as the fiancé is already in the USA*~*~*

 

[PhilLuv 43]

All you guys need to worry about is the application fee to adjust his status, and the small fee for marriage license. You do not need a lawyer, so save your $4000. Follow the tips in this forum and you will be fine.

[zorus40k 21]

Really bad idea to mess around with home-country laws.

It might and most likely will affect application for GC and potentially Naturalization in future.

[Boiler 43,434]

Seems a civil issue.

[Dashinka 23,245]

17 hours ago, Fianceelost said:

Yes I'm citizen. I get my naturalization ceremony around a year ago. Can you tell me what is the AOS and the EAD? Maybe some links to find out what we need?

Just a curiosity, is your fiancée currently working?  If his business visa expired and he is working, it could pose issues while trying to AOS.

 

Good Luck!

[JadeStone 3]

You dont need a lawyer so  you dont need to spend $4,000 also even though he over stayed on his visa he still entered legally so she is just making noise dont let people get you frazzled let her know you will send what you can. If she does send a notice again its not gonna be a SWAT team take down overweight hey have real issues then a bitter baby momma because they also know people do spiteful acts.  You all however need to get married at the court house and get the ball rolling and in the long run it will help financially because he will have his documents to work etc. You will need to file the Adjustment of status and the i-130 so about $2,000