need ur help....urgent

[charlynn 11]

I have a friend who come in USA with a fiancee visa ...got married ..but she's not able to submitted her papers to USCIS for removal of visa condition ...she got deported...but My question is Does her marriage still legal? Inspite she don't submitted her papers for removal condition and she's been sent back home to Philippines? ..pls enlightened our minds ....I want to help my friend..thank you

[TBoneTX 43,058]

*** Thread moved from CR-1 Process forum to the General Immigration Discussion forum -- not a CR-1 process issue. ***

[shipm662 17]

Marriage and immigration are two seperate legal entities.

Although your post is very scarce on detail, it is most likely the marriage was legal.

Common requirements for a marriage to be valid.

1. A marriage license was obtained

2. both people over 18

3. both people were not already married (previous divorces finalized first)

4. sufficient mental capacity

5. marriage was witnessed

6. marriage license was submitted for recording.

standard disclaimer--This is an internet message board. Any posts should not be considered legal advice.

[shipm662 17]

I am curious about the deportation, if it involved fraud.

A marriage can possibly be annuled for reasons of fraud.

[charlynn 11]

That's the only details I get from her so far ...she's thinking that her marriage if not legal since her husband does not able to forward her paper work to USCIS ....

[charlynn 11]

She come here as fiancé visa ..they got married before the 90 days expire of visa ..but her husband does not able to forward her paper work for removal condition and she over stayed in america ....hubbys reason his financial broke thats why the paper work was set aside for a while

[shipm662 17]

USCIS has no influence on the validity of the marriage.

They only rule on matters of immigration.

So the marriage would still be legal.

[charlynn 11]

Thank you for the reply ...it will help her enlighten her mind

[Darnell 8,478]

I have a friend who come in USA with a fiancee visa ...got married ..but she's not able to submitted her papers to USCIS for removal of visa condition ...she got deported...but My question is Does her marriage still legal? Inspite she don't submitted her papers for removal condition and she's been sent back home to Philippines? ..pls enlightened our minds ....I want to help my friend..thank you

usually uscis gives wide latitude on filing for the Adjustment of Status, anything filed within 2 years of the marriage date is 'grantable' for a change of status,

if and only if,

the beneficiary marries the petitioner within 90 days of the POE event.

even if not married within 90 days, and married after the 90 days, the status is fixable if a new I-130 is filed with the I-485.

So, for her to get deported, something is very strange.

Can you write more about events that led up to her deportation? Thanks in advance !

---

edit - so you state the removal of conditions, the RoC set, was not filed after she held a conditional green card for two years? Is that right?

Edited June 28, 2015 by Darnell

[madtownguy 164]

Getting deported isn't easy, something else was going on. There's millions and millions of people here who entered illegally I think they would probably start their for deportation. Her husband could have filed divorce with out her here most states have ways to get divorced with out the other person really knowing. Public notice type things. I think your friend has left some important things out of the story.

[Jawaree 717]

Something must have triggered the deportation

Did the immigration folks got her & send her back

Did her husband just tell her she is being deported & she left.

Was there a question about the validity of the marriage...is it her 1st marriage?

Did they just show up to deport her , and her husband sau he was too broke to help

That seem very weird , her deportation without a cause

She is leaving out some things....might she have shop-lifted (not saying she did)

Could the husband changed his mind and got her sent back by alerting ICE of the change

What does she expect at this point? Her marriage is legit if no fraud involved.

Is she in touch with her husband and what does he wants to do

[CowBoE 429]

Confusing facts.

If she came on fiancee visa and got married in US,

then the next step in "Adjustment of Status" to apply for a temporary green card.

I've been on VJ site for about 20 months, and I've not heard of any non-criminal

person getting deported because they didn't file Adjustment of Status.

Few questions:

1) When did she come to US?
2) Did she get a temporary green card?

3) What was the (clear) reason for her deportation?

4) Was she really deported by US authorities or did she just returned because she had to?

[Darnell 8,478]

ya, i had to read it three times, but it smells like she already had a 2 year card and did not file for RoC, and was deported after the 2 year card expired.

[charlynn 11]

Sorry everyone I have entered a wrong information ...My friend has not been deported ..she choose to go back home to the Philippines coz she needs too...but she can't able to get back to United states for the reason that her husband has not able to file adjustment of status and no she has not able to get her 2 year temporary green card ...the only thing she got is her 90 days stay as her fiancee visa ....

Now she have a not so good relationship with the husband she found out that his having an affair and her husband and the other girl says that my friend marriage in the USA is no longer legal since her husband does not able to submitted her papers for adjustment of status ...

My friend just want to know if her marriage still legal ...even though that shes no longer living in USA ....

Thanks for taking time to read my post

[MacUK 983]

Married is married, it doesn't matter if he filed the GC papers or not.