fiancé in removal proceeding

[dwheels76 5,461]

He loves his kids he is just scared that they will scrutinize our marriage since the kids are so young and he only separated from their mother recently she is not a us citizen

So than you have already married him than? Yo keep saying your marriage?

But he didn't marry the mother of the children so that's a none issue when they parted. And honestly it looks suspect why he didn't marry her. Was it because she was not a citizen and couldn't help him get a green card? See how this gets more and more gray and suspect.

[Sandra G. 5,016]

He was charged with domestic violence, he is in removal proceedings, he wants to lie to Immigration, you are dating just two months, girl you should think ten times before getting married to someone so messy.

I doubt his AOS will be approved,since the Law prohibits aliens in removal proceeding to adjust status, unless the removal is terminated or an "exemption is submitted and approved,and the chance to have the AOS approved is almost non existent.

Today I was contacted by someone that had last week the AOS denied ,because her husband got married when in removal proceedings.Here is part of the denial,and I saw many decisions like this one here.This couple is married 5 years.

"A review of your file revealed that you married xxxx , while you were in deportation, exclusion, removal, or judicial proceedings. Therefore, the petition is deniable under section 2 04(g) of the Act unless proceedings have been terminated, or you request a bona fide marriage exemption and demonstrate through clear and convincing evidence that your marriage was entered into in good faith and not to circumvent immigration laws.

Section 245(e) of the Act provides:Restriction on adjustment of status based on marriages entered while in admissibility or deportation proceedings; bona fide marriage exception. -

( 1) Except as provided in paragraph (3), an alien who is seeking to receive an immigrant visa on the basis of a marriage which was entered into during the period described in paragraph (2) may not have the alien's status adjusted under subsection (a).

(2) The period described in this paragraph is the period during which administrative or judicial proceedings are pending regarding the alien's right to be admitted or remain in the United States.

(3) Paragraph (I) and section 204(g) shall not apply with respect to a marriage if the alien establishes by clear and convincing evidence to the satisfaction of the that the marriage was entered into in good faith and in accordance with the laws of the place where the marriage took place and the marriage was not entered into for the purpose of procuring the ·alien's admission as an immigrant.

Edited October 6, 2014 by sandranj

[Totallyinnlove 0]

He was married with the us citizen wife for 4yrs his baby girl is 16 months old and like I mention before the other child will be born in February of 2015 so not yet born I love him and I do believe if there is a chance of him staying and being deported we will fight to the end

[belinda63 2,981]

Chances are slim to none. He married a US citizen, obtained a conditional green card, was denied a permanent green card due to the relationship not being real, has a child with another woman, meets you and want to get married after he is placed in deportation proceedings while having a pregnant girlfriend who can't get him a green card.

[Totallyinnlove 0]

So than you have already married him than? Yo keep saying your marriage?

But he didn't marry the mother of the children so that's a none issue when they parted. And honestly it looks suspect why he didn't marry her. Was it because she was not a citizen and couldn't help him get a green card? See how this gets more and more gray and suspect.

Yes we are aware of how it comes across and that is why I am seeking advise so as to know the best options, they parted right after he and I met he just didn't love her anymore and they were having lots of arguments

[Illiria 980]

I want to suggest something but I really don't want to hurt your feelings. I want you to be as protected as possible and this has been suggested to others in a similar situation (multiple ex's recently split and young children in the mix) , though they were looking to bring someone here not keep them here.

Tell him you want him to go to the removal proceedings and if he does get deported you will move with him to his home country because you love him that much you will give up living in the US for him. See what he says. If he only wants you for the green card it will become very apparent very quickly.

To be clear I don't think that you marrying will save him from deportation but Sandra knows more about that than I do.

Edited October 6, 2014 by Illiria

[Totallyinnlove 0]

I want to suggest something but I really don't want to hurt your feelings. I want you to be as protected as possible and this has been suggested to others in a similar situation (multiple ex's recently split and young children in the mix) , though they were looking to bring someone here not keep them here.

Tell him you want him to go to the removal proceedings and if he does get deported you will move with him to his home country because you love him that much you will give up living in the US for him. See what he says. If he only wants you for the green card it will become very apparent very quickly.

Thank you for your concern, he does plan to go to the hearing and i do plan to do whatever it takes to be with him I just hope they will give him a chance to get it straight

[belinda63 2,981]

But is he willing to stay with you if you can't get him a green card?

[Totallyinnlove 0]

But is he willing to stay with you if you can't get him a green card?

our relationship isn't based on the green card he didn't even ask me to marry him I was the one who asked him especially speeding it up because I want to do whatever it takes to make sure that we are together

[cdneh 3,112]

I want to suggest something but I really don't want to hurt your feelings. I want you to be as protected as possible and this has been suggested to others in a similar situation (multiple ex's recently split and young children in the mix) , though they were looking to bring someone here not keep them here.

Tell him you want him to go to the removal proceedings and if he does get deported you will move with him to his home country because you love him that much you will give up living in the US for him. See what he says. If he only wants you for the green card it will become very apparent very quickly.

To be clear I don't think that you marrying will save him from deportation but Sandra knows more about that than I do.

No matter what you think he will say, you need to tell him you will return to his country. It is my very strong feeling he will not want to do that. I also fear that you are being taken for a ride. It won't help him, because he will be deported, and this could potentially mess your life up in a major way.

[tj86 16]

Rira has a point totallyinlove. You are involving yourself with someone who obviously has deep personal issues. You should really think about what you are getting involved with. He is in a serious situation and he is willing to lie to ice instead of being honest. Usually people like this uses people to get out of a situation and keep on hurting people that love them. I was in removal proceedings and got my case terminated, so now I'm adjusting. It's not impossible but it will be difficult for you to deal with. The best thing he should do is be honest, retain a immigration lawyer and you should leave him alone. I have heard these stories plenty of times and they usually don't end well.

[Totallyinnlove 0]

Well I really don't think that they have sufficient evidence to deny our marriage when we married is fake , for one there are many reasons why it didn't work out with him and his kids mother they just didn't get along and also the unborn child does not need to be declared until it's actually born so I don't think they can judge our marriage based solely on those factors I do believe that it will be a rough ride but one that we can over come, and the fact that he never married his kids mom makes her irrelevant in the situation as well

Well I really don't think that they have sufficient evidence to deny our marriage when we married is fake , for one there are many reasons why it didn't work out with him and his kids mother they just didn't get along and also the unborn child does not need to be declared until it's actually born so I don't think they can judge our marriage based solely on those factors I do believe that it will be a rough ride but one that we can over come, and the fact that he never married his kids mom makes her irrelevant in the situation as well

[tj86 16]

Actually when he gets through this situation he will have child support to deal with. So you can't say she is irrelevant because he will need her to plead for him in court too. The stronger his ties to America is the better.Speaking from experience. God bless in whichever decision you make.

[Darnell 8,478]

He loves his kids he is just scared that they will scrutinize our marriage since the kids are so young and he only separated from their mother recently she is not a us citizen

this is a huge red flag to me,

and i think your partner has found the perfect 'next victim' in you.

Sorry if I sound harsh about it.

lets see?

1. arrived on work visa.

2. successfully attempted adjustment of status after marriage to a USA citizen, gets a 2 year card.

3. spouse not support the removal of conditions , so no 10 year green card. He's been out of status since the date of the denial.

4 fathered other children with 'maybe' a human having illegal presence in the usa and now

5. is seeking marriage with a usa citizen so he can live in usa legally.

i'm sorry, but i'd rather help BIA on this, not help you...

[Totallyinnlove 0]

Thank you for the reply and honesty Darnell but actually his kids mom is a legal resident he just chose not to marry her bcuz of all the issues they have had hence he has a dv charge so he just don't want to go any further in that relationship, so again am hoping that uscis will seek all the facts and just speculation has most people do

Thank you for the reply and honesty Darnell but actually his kids mom is a legal resident he just chose not to marry her bcuz of all the issues they have had hence he has a dv charge so he just don't want to go any further in that relationship, so again am hoping that uscis will seek all the facts and just speculation has most people do