I NEED HELP ASAP. The DHS is looking to process me but I am married to a citizen.

[Brayo 0]

So I have had a girlfriend ever since I first came to the US on my F1 visa. We are legit and we have been together for over 2 years. We did not get married before because we wanted a celebratory wedding but could not afford it. Now it has come to my attention that homeland security is looking for me to "process me" because my visa has expired and I am not in school. So me and my girlfriend decided to get married which just happened today, and we are going to file the I-130 soon. Is this going to help anything or am I going to be rejected and deported? Thank you for taking the time to read this.

[Harpa Timsah 13,258]

How did it come to your attention that ICE was interested in you for deportation?

[belinda63 2,981]

Filing the I-130 by itself will do you no good. You have to file the I-485 along with it to have any status in the US.

[Brayo 0]

3 officials of the homeland security went to my aunts place to look for me which is where i was staying when I first came. Also, they contacted me and my girlfriend. We did not pick up, we were too scared.

[Harpa Timsah 13,258]

Oh, well as stated, if you file a concurrent AOS case then the I-485 will put you in a new period of authorized stay. You will still have to prove to them that you have a real relationship and you did not marry just to avoid deportation.

[Brayo 0]

The proving will not be a problem because we have multiple pictures that our relationship is legit. We even have multiple friends and family members. So should I call back the agent and say that we are married and we are filing the I 130 and I 485. Because he specifically stated, if he doesn't here from me, he will put out a warrant for my arrest (Keep in mind, I have never done anything wrong during my stay here, neither do I intend to.)? Also If i do call, will the marriage and the filling process help my case?

[belinda63 2,981]

Saying you are going to do something is not the same as actually doing it. Your period of authorized stay does not begin until you receive the NOA-1 (initial receipt) for filing the I-485. I suggest you begin reading the guides/gathering lots of evidence (you will be scrutinized since the marriage is to avoid deportation), and get married.

[Brayo 0]

Ok so I should file the forms and send them in, then after the I 130 and the I 485 is filled, is when I contact the agent. Also worst comes to worst and the agent decides to come for me, whats the worst that can happen and how can i avoid it?

[belinda63 2,981]

You will be detained and deportation proceedings started. It is possible you could post bond to be released pending the hearing. It will add a lot of hassle to the process.

Do you have the money to file the I-485 and I-130?

Does your intended spouse make at least 125% the poverty guidelines in income or do you have someone willing to sponsor you?

Have you read the guides to see what is involved in this? You are looking at about $2,000 just to file the paperwork.

[Brayo 0]

Yes I was just going through the guides on the forms. are there any other guides? Also I do not have the money at the moment but I can get the money before the week ends. Also, my spouse does not make enough money, but I do have people willing to sponsor me. I have been researching on google and it seems it is not a crime to be illegal. So should I just file my forms and not call the agent until I receive my receipt?

[Merrytooth 5,748]

"it is not a crime to be illegal", then why the DHS or ICE come looking for you to deport you?

[belinda63 2,981]

They can issue a warrant for you and they can arrest you. The can detain you and they can deport you. UNTIL you have the receipt for filing the I-485.

What you choose to do is up to you. You can call him and hope he is understanding. You can call him and turn yourself in. You can call him, argue, and hang-up. You can choose to not call him. He may or may not come pick you up and take you to a detention facility. What you do is your choice. I am not an attorney nor do I provide legal advice. I simply have knowledge to share.

[Aussie123 12]

The proving will not be a problem because we have multiple pictures that our relationship is legit. We even have multiple friends and family members. So should I call back the agent and say that we are married and we are filing the I 130 and I 485. Because he specifically stated, if he doesn't here from me, he will put out a warrant for my arrest (Keep in mind, I have never done anything wrong during my stay here, neither do I intend to.)? Also If i do call, will the marriage and the filling process help my case?

How long have you been out of status for? I would file the I130 and 485 immediately and then contact them.

[Brayo 0]

I have been out of status since last june. I really appreciate your help people thank you. I will think wisely on my choice. Im just worried because it seemed these people were on a mission to get me, which means sympathy is out of the question. I just read that I cannot be arrested for being illegal, I can be detained however, nonetheless its not a fact so I am not sure. All I want to do is stay safe, because I have started alot over here, and I was doing well until this issue swept me off my feet. I am 21, so situations like this are a little overwhelming so please understand why I do not know what choice to make.

[Marco&Bettina 502]

OP, it's just sad that you two as a couple were not responsible as far as doing the process by the book. As a result, you are in a horrible situation & I wish you good luck.