Hi everyone,
I don't know which forum I should post in because it is a litle bit of a complex situation but I hope you can give me some advice.

My fiance had applied for asylum 8 years ago and just recently got denied after appealing in the 9th circuit. His passport was also taken from him 3 years ago and he was put on a detention program where he goes and notifies the INS office of his address, employment, contact info etc...
This past december he got arrested when he went to the INS office to report his address.
Although he was expecting his deportation letter, he never got it for over 5 months after his case got denied for the final time. Instead, he got arrested, he is not eligible for a bond or a bond hearing and he will be deported within 6 months.

My question is, if I were to marry my fiance, would it make a difference? Would he be able to aply for AOS without being deported? Would he have to leave, then come back? And if he leaves does the 10 year bar apply to him, can it be removed because he will be married to a US citizen?
Is there any hope for him to stay or would we just be wasting time and money? Better idea to just forget about it and live somewhere besides the US?
Any advice is appreciated
Thanks

If he's already under deportation orders, getting married to a US citizen isn't going to help, it would likely just make it worse for both of you. You may want to consider your options about moving to Yemen.

I agree with Reba... at this time if he will get married it would look like he will do it to avoid deportation and will not look good for him and his case. And since he is already in their custody, it is more likely that he will be deported. I think there will be a 10-year ban with this case, but not exactly sure. I wish the best for both of you.

I also agree with Reba.Getting married at this point will make it seem as if he's just truing to avoid deportation.Once someone is deported,they cannot re-enter the USA for 10 years.Before he gets deported,you could go to an attorney to see what other options you might have.

In the directions for the I-130 (the petition used for spouses and other immediate relatives for immigration) It specifically says under "Who cannot file the this form?"

6. A husband or wife, if he or she was in exclusion, deportation,removal, rescission or judicial proceedings regarding his orher right to remain in the United States when the marriagetook place, unless such spouse has resided outside the UnitedStates for a two-year period after the date of the marriage.

As you can see, you need to wait until after the proceedings are closed to marry him, because there are penalties for trying to "marry" someone out of deportation, even though you wanted to marry him in the first place and even though your intentions are good.

You have a few choices, but I would contact a GOOD attorney now to see if you can get a cancellation of removal or a preapproved/filed I-212.


If he is, in the end, deported you can then file either a Fiance Petition or I-130. If he has no other inadmissibilities such as overstay or criminal convictions or arrests, you would simultaneously file the I-212 along with either the I-130 or I-129F. If he has other inadmissibilities it becomes a little more complicated but is still do-able (with a 601.)

You do also have the choice of finding somewhere else to live as you mentioned.

I had to file the 212 and am now stuck in a black hole of AP. . .My husband and I have been married almost two years now and still live in separate countries. Had I known how long this would have taken, I would have moved immediately to another country to stay with my husband.

Thanks everyone for your advice and help.
Moving to Yemen is not an option for me and I don't think it is for him as well, as he has filed for asylum and does not want to live in Yemen.
Turkey might be a good option because I have dual citizenship (Turkish and US). It would be easier for him to get a visa to Turkey. I am an ESL teacher and can find work easily. Much better place to live than Yemen. This would probably be a good idea, as everything else would be too time consuming and we do not want another dissapointment.

Does anyone know how long they can keep him in jail? It has been 43 days already and nobody gives any information on how long they might keep him there. What takes so long??

The sentence would depend on the nature of the offense. What did he do? If you don't want to share, no problem...but it's an inquiry that would have a bearing on the result... They just don't go around locking people up for no good reason.

It sounds like he is in detention pending deportlation, not for any crime. Thus, there is no sentence period. Does he have a valid Yemeni passport? There is no limit to how long they can hold him in detention, but in general they cannot deport someone until their home country agrees to accept them (e.g. they have a passport that will let them back in) so many people get stuck in limbo for a long time. There is also a renewed debate about deporting people to countries where they may be tortured upon return although this does not seem to be your fiance's case.

So, they can hold him as long as they need to and then they will deport him. You will find some people in your situation on www.immigrate2us.net. And, you should certainly be talking to a lawyer with experience in this type of case.

Start looking into going to Turkey now. Sounds like that was a good idea and if he can also get a visa there, then you two can be together!

He did not do anything. He was put under an order of supervision when he took his asylum case to the 9th circuit. Order of supervision means that he has to go to the immigration building to report address changes and such, he just has to show up there. So he got arrested the last time he went there to report his address.




He did have a valid Yemeni passport until his passport was taken from him by immigration when his asylum application got denied.