Husband ordered deportation

[Nuwadess 0]

I am the petitioner of my husband who was ordered deported by a immigration judge. My husband and I got married after he was taken into custody during the marriage interview with his previous wife. My husband has since been released and was in removal proceedings in which he was ordered deported. My husband is appealing the judge decision based on the judge not hearing his new marriage case. My question is: If my husband loses the appeal, what is the likelihood of him returning to the US since his previous wife told CIS the marriage was fraudulent?

Thanks!!!!

[*JG* 2]

Sounds pretty bleak to me. And honestly, it looks like your marriage to him was a last ditch effort to stop deportation. I think you will have a tough time proving otherwise.

Edited February 6, 2008 by Jomo's girl

[Chica Yeyé 41]

Sounds bleak indeed. Best to get competent legal advice from a professional.

[desert_fox 32]

I am the petitioner of my husband who was ordered deported by a immigration judge. My husband and I got married after he was taken into custody during the marriage interview with his previous wife. My husband has since been released and was in removal proceedings in which he was ordered deported. My husband is appealing the judge decision based on the judge not hearing his new marriage case. My question is: If my husband loses the appeal, what is the likelihood of him returning to the US since his previous wife told CIS the marriage was fraudulent?

Thanks!!!!

you can't file a petition for someone who is in removal preceedings.

whyare they going to believe that this marriage is any more valid then the previous one??

[Zee Bee 61]

you can't file a petition for someone who is in removal preceedings.

why are they going to believe that this marriage is any more valid then the previous one??

My question exactly. Unless you have some very compelling evidence I think your chances are very very very very slim.

[Minya's wife 24]

I am the petitioner of my husband who was ordered deported by a immigration judge. My husband and I got married after he was taken into custody during the marriage interview with his previous wife. My husband has since been released and was in removal proceedings in which he was ordered deported. My husband is appealing the judge decision based on the judge not hearing his new marriage case. My question is: If my husband loses the appeal, what is the likelihood of him returning to the US since his previous wife told CIS the marriage was fraudulent?

Thanks!!!!

So you married your husband after he was arrested because he was accused of fraud in his first marriage...but now you think a judge is going to overturn his deportaion ruling because your husband married again for a second time?!? Not allowed....

You should have a consultation w/ a very competent attorney, as to what your husband's chances are. There is slim to no chance that your husband will win his appeal based on evidence that he married again. He is being deported for fraudulently marrying a US citizen....there's not much chance that he will be issued another spousal visa....they're not going to give him a second crack at the figurative nut. Perhaps you should start thinking of re-locating....because deportaion, I think means he will not be allowed back to the US under any circumstances, at least for a long while.

-P

[Jasman0717 8]

If it is deemed a fraudulent married on his part he will receive a life-time ban

[emt103c 10]

Your husband will not be able to adjust status on a family petition from a previous wife with a new wife. You would have to file a new petition (I-130.)

On the instructions for the I-130 they list people who cannot file a the petition:

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.

The appeal will probably be lost because the judge doesn' t have to consider a new marriage, especially one after the immigrant was in removal proceedings.

Jasman is correct that if he is found to have a fraudulent marriage with his first wife he will have a lifetime ban for Misrepresentation, however there is a waiver available for this the 601 (hardship waiver.)

I am glad you have an attorney, but I too believe that you will have to wait the two years before you will be able to even start to petition for your husband.

Edited February 7, 2008 by emt103c

[Nuwadess 0]

That's the problem, the marriage wasn't deemed fraudulent. I am wondering since we are already married and we filed a new I130, would if be better for my husband to go back to his country and wait the 2 years - if so, what will happen to the I130 we already filed?

Your husband will not be able to adjust status on a family petition from a previous wife with a new wife. You would have to file a new petition (I-130.)

On the instructions for the I-130 they list people who cannot file a the petition:

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.

The appeal will probably be lost because the judge doesn' t have to consider a new marriage, especially one after the immigrant was in removal proceedings.

Jasman is correct that if he is found to have a fraudulent marriage with his first wife he will have a lifetime ban for Misrepresentation, however there is a waiver available for this the 601 (hardship waiver.)

I am glad you have an attorney, but I too believe that you will have to wait the two years before you will be able to even start to petition for your husband.

[emt103c 10]

If it wasn't found fraudulent why was he in deportation proceedings?

If he was in deportation proceedings then the I-130 you filed is supposed to be denied on the basis that you were not eligible to file.

[sj5 4]

If it wasn't found fraudulent why was he in deportation proceedings?

If he was in deportation proceedings then the I-130 you filed is supposed to be denied on the basis that you were not eligible to file.

[lucyrich 19]

Carefully read and understand INA 245(e). If you don't understand it yourself, get a lawyer to explain it to you. You probably should get a lawyer anyway.

You can find it on the USCIS site, under "laws and regulations", "Immigration and Nationality Act."

Paragraphs 1 and 2 basically say that he can't adjust status based on any marriage that is entered while any sort of immigration proceedings are pending against him.

But paragraph 3 provides an exception. You must establish "by clear and convincing evidence" that the marriage is bona fide, not fraudulent and that no fee was paid. Paragraph 3 also limits your ability to appeal a decision against your marriage.

In a normal marriage based immigration case, the couple only has to prove their marriage valid via "a preponderance of the evidence". Even that can sometimes be difficult, but it's a much lower standard of proof than "clear and convincing evidence".

You've got an uphill battle to really prove that the marriage is valid. And it's up to you to absolutely prove it; it's not up to them to show anything's wrong with the marriage. You'll have to prove to very skeptical investigators not only that your feelings for him are genuine, but also that his feelings for you are genuine and not for the purpose of getting a green card.

And I'm assuming his first marriage wasn't found fraudulent. If I'm wrong on this point, your case may be more difficult or impossible.

See a lawyer.

[rebeccajo 14]

What difference does it make why the immigrant was deported? He was. There are multiple reasons why he could have been - marriage fraud is only one.

Because the immigrant was already in removal proceedings, he is subject to the bars. A new marriage to a US citizen cannot in and of itself overcome that.

The only role the new marriage plays in this equation is it gives the immigrant a means by which to reenter the country without waiting on a immigrant visa number. The USC spouse will have to file a visa petition, and the immigrant will have to file a visa application based upon that approved petition. The visa request will be denied and the US sponsor will have to file hardship waivers to overcome the bars.

[Fandango 1,439]

There is another on VJ in a similar situation....but I can't remember her name!

[Zee Bee 61]

There is another on VJ in a similar situation....but I can't remember her name!

Are you talking about jessNgeorges? I think he was in removal proceedings when they got married but he had to leave anyways.