Married to USC, but have NTA

[sha5ik 2]

Hi everyone 👋 Long story short, I overstayed my visa for two years, met amazing woman, and we had plans for wedding at Spring, 2020. Everything was going smooth, until one day in February officer showed up at the door. "Damn" I said, and he only only took my passport and gave me the address where to meet him to pickup my passport. I went there next morning, he gave me NTA (Notice To Appear) to court.  I told my girlfriend about the situation, and we decided to move our plans from spring to February, and we got married. We have filed i-130 8 months later, and received receipt within a week. Funny thing is, i was captured in different state than we live with my wife, so NTA is for that state`s court. Lawyer told me that I cannot file i-485 until my court interview.

So I was looking for advice if anyone else had similar cases, and if yes, how fast was your court scheduled (mines says may 2021, but my A number still not in the system, date is incorrect) 

Edited October 6, 2020 by sha5ik

[Congoman 4]

Lawyer is right. You’re currently in removal proceedings and USCIS does not have jurisdiction over i485 application if you file. You have to wait until the immigration judge terminates your removal order. I know because my dad was in similar situation. You have a long battle ahead of you.

[sha5ik 2]

4 minutes ago, Congoman said:

Lawyer is right. You’re currently in removal proceedings and USCIS does not have jurisdiction over i485 application if you file. You have to wait until the immigration judge terminates your removal order. I know because my dad was in similar situation. You have a long battle ahead of you.

How long did he wait until the hearing?

[Congoman 4]

Well, my dad went to multiple hearings which took about three years. Keep in mind it is immigration court which sets the date for you . After the final court hearing (three years later)it took about 3weeks to receive the cancellation of removal order letter in the mail.  

[sha5ik 2]

1 minute ago, Congoman said:

Well, my dad went to multiple hearings which took about three years. Keep in mind it is immigration court which sets the date for you . After the final court hearing (three years later)it took about 3weeks to receive the cancellation of removal order letter in the mail.  

Glad to hear that your dad won the case 👍 

[Crazy Cat 39,206]

57 minutes ago, sha5ik said:

Funny thing is, i was captured in different state than we live with my wife, so NTA is for that state`s court.

Funny?  How so?  This is a Federal matter.  You are subject to immediate removal at any time, are you not?

Edited October 6, 2020 by Lucky Cat

[sha5ik 2]

2 minutes ago, Lucky Cat said:

Funny?  How so?  You are subject to immediate removal at any time, are you not?

Well, funny because they did not come to the address where I lived for 3 years,  and came when I was in uncle`s home for weekend in different state  

I am subject to removal if I will loose the case, I hope I will not

[Crazy Cat 39,206]

3 minutes ago, sha5ik said:

Well, funny because they did not come to the address where I lived for 3 years,  and came when I was in uncle`s home for weekend in different state  

I am subject to removal if I will loose the case, I hope I will not

I think you are subject to immediate removal......You have no protection, imo. 

[sha5ik 2]

1 minute ago, Lucky Cat said:

I think you are subject to immediate removal......You have no protection, imo. 

Well, we will know for sure after the hearing  

[retheem 553]

Well, that's a long battle away from you. Quick advice; lay low for now. You should not be in any wrong side of the law.

[Crazy Cat 39,206]

2 minutes ago, retheem said:

Well, that's a long battle away from you. Quick advice; lay low for now. You should not be in any wrong side of the law.

OP is definitely on the Federal radar...........

[igoyougoduke 1,604]

21 hours ago, sha5ik said:

Well, we will know for sure after the hearing  

some thing in your case must have triggered the federal radar. marriage to US citizen does not offer any protection in your case. good luck though.

[sha5ik 2]

2 minutes ago, James120383 said:

some thing in your case must have triggered the federal radar. marriage to US citizen does not offer any protection in your case. good luck though.

You got me wrong, they came before I started the case, i am pretty sure someone "snitched" lol.

I understand that marriage and I-130 only does not offer protection, but I wish the process takes faster,  so I know if I can stay or I need to leave with my wife to another country  

[Crazy Cat 39,206]

14 minutes ago, sha5ik said:

so I know if I can stay or I need to leave with my wife to another country  

You are currently present in the US illegally....are you not?  One solution is to leave the US, and start the CR-1 process.

Edited October 7, 2020 by Lucky Cat

[sha5ik 2]

Just now, Lucky Cat said:

You are currently present in the US illegally....are you not?

Well, it is two sides of the same coin. First, I cannot file i-485 form because immigration judge has an authority over it, but I filed I-130 form because USCIS has an authority over this form. Second, I am free to live in US until my hearing date, after that immigration court decides if they will terminate the removal or order me to leave the country.