Us citizen married non-citizen with overstay and owi

[NovaKay 0]

I have no idea which forms to fill out.

I have consulted with lawyers and everyone is on a different page.

We married 8 months ago and my husband dropped the ball on filing his paperwork. He had a b1/b2 10 years visa, but was granted an i-94 and has now overstayed. He most recently got an owi. That throws a wrench in everything.

First, I was told I-1601A for overstay is no longer necessary.

Also, I was told don't bother with I-485 because he will get denied based on the owi and/or probation associated with the owi.

Third, I was told just file the I-130 alone in order to keep him here and essentially take responsibility for him.

My fear is filing the wrong papers and getting them denied and having to pay all of the fees all over again. I wish I could find someone that understood all of this and was just direct and in order.

I want to know how to file to make him legal and not get deported.

Edited March 27, 2016 by NovaKay

[Transborderwife 4,666]

An I-130 will not be enough to just "keep him here". He can be placed in removal with an approved I-130. I believe you should be able to still aos as its not a cmit

[Boiler 43,597]

Some people file themselves others use a Lawyer, have you spoken with a Lawyer?

[NovaKay 0]

yes, I have spoken with several lawyers. We can't afford the $2k in lawyer fees for the immigration lawyer, plus the fees for the owi/criminal lawyer plus the form fees.

[Transborderwife 4,666]

yes, I have spoken with several lawyers. We can't afford the $2k in lawyer fees for the immigration lawyer, plus the fees for the owi/criminal lawyer plus the form fees.

You do realize that the immigration fees alone with the medical and such are about 2k right?

Edited March 28, 2016 by Transborderwife

[NovaKay 0]

You do realize that the immigration fees alone with the medical and such are about 2k right?

Yes, I do. hence my apprehension of filing all of the papers just for them to get denied and then pay all over again after possible probation and/or removal proceedings. The immigration lawyer we consulted with recommended a deportation specialized lawyer as well. OWI court fees & fines, and three lawyers plus filling paperwork? too much.

[Transborderwife 4,666]

Fair enough

[newacct 688]

If he plans to do AOS in the US, it doesn't make sense to file I-130 alone. I-130 and I-485 should be filed together, whenever he is ready to file I-485. Filing I-130 and not filing I-485 could make it worse by making them know he's here without giving him any benefits or protection against deportation.

If he is going to be denied AOS for a ban (e.g. for a crime), then he is also going to also be denied an immigrant visa when doing Consular Processing abroad because of the same ban (in addition to an unlawful presence ban he may trigger on leaving the US). If he needs to file a waiver for such a ban, it can be filed with AOS in the US, just like it can be filed when doing Consular Processing abroad. So if he is going to get permanent residency at all, there is no better option than doing AOS in the US. Consular Processing is strictly worse in many ways (1. leaving the US could trigger an unlawful presence ban, and 2. he will be in the US during the process and one has much more avenues of appeal if AOS is denied wrongly and very little recourse if a consulate denies a visa wrongly). So the only case where he would not do AOS is if he thinks it's better to do nothing at all.

I-601A is completely irrelevant for your case. That is for people not eligible to do AOS, and who thus need to do CP, but who will trigger a ban upon leaving the US. Your husband is eligible to do AOS.

[Ryan H 3,791]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[llcoolmg 20]

Where is he now? Were you able to bond him out? or is there an immigration hold on him and he's still detained? Seems like properly disposing the OWI (operating while intoxicated?) is the top priority.

[famictech2000 2]

You're sort of speaking in circles, you don't want to pay the lawyer fees and such; but by doing so, and getting get their legal counsel will probably lead to not incurring the waste additional money and time; in the instance the case gets denied which is highly the outcome.

If anything I would recommend filing the I-130 and I-485 separate, in your case since you don't want to pay the fees concurrently and upfront for both; filing the I-130 first will only incur the 420 fee and see if that gets approved to then file the I-485 which is over 1k which then will require the medical exam and such....

But you do realize that if the case does progress when you file the Affidavit of Support during the I-485 process, you will have to prove that you can support him which if you can not that in itself can cause your application to be denied!?

[NovaKay 0]

You're sort of speaking in circles, you don't want to pay the lawyer fees and such; but by doing so, and getting get their legal counsel will probably lead to not incurring the waste additional money and time; in the instance the case gets denied which is highly the outcome.

If anything I would recommend filing the I-130 and I-485 separate, in your case since you don't want to pay the fees concurrently and upfront for both; filing the I-130 first will only incur the 420 fee and see if that gets approved to then file the I-485 which is over 1k which then will require the medical exam and such....

But you do realize that if the case does progress when you file the Affidavit of Support during the I-485 process, you will have to prove that you can support him which if you can not that in itself can cause your application to be denied!?

It may seem like talking in circles but you essentially just reiterated, it's all taking a chance. Either way you are putting forth the money and taking a chance at losing it.

We hired a lawyer, specializes in immigration & criminal, has saved many from deportation that have done way worse.

By law, they cannot deny the application based on a dui alone, only a dui associated with moral turpitude. If it is denied by a 'box checker' in the immigration office who makes a mistake, an appeal will be filed.

I can support him, the issue of paying filing fees or lawyer fees was only an issue of knowing the outcome. It would be a whole lot of money to waste don't you think? But what was my alternative? Let him get deported...quite the toss up.

[Boiler 43,597]

You have to pay to play, or move to his country?

[NovaKay 0]

You have to pay to play, or move to his country?

I suppose so. I have lived in his country for 4 years...usa time now. You should have to pay to play, but you should'n't have to waste $4000 for someone to consider it. You know it doesn't cost $1200 for someone to "process" a form.

Thank you for your insight, I'll update in a couple months!

Edited April 5, 2016 by NovaKay

[Boiler 43,597]

You are dealing with the Government...