Jump to content
Sign in to follow this  
sha5ik

Married to USC, but have NTA

31 posts in this topic

Recommended Posts

Hi everyone¬†ūüĎ謆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 by sha5ik

Share this post


Link to post
Share on other sites
Filed: Other Timeline

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.

Share this post


Link to post
Share on other sites
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?

Share this post


Link to post
Share on other sites
Filed: Other Timeline

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.  

Share this post


Link to post
Share on other sites
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¬†ūüĎ欆

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Taiwan
Timeline
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 by Lucky Cat

May     10, 2017: CR-1 Issued in Taipei, Taiwan

June    23, 2017: POE Dallas, Texas

March 28, 2019: I-751 filed.  "Case ready for interview"....still waiting.

August 7, 2022: N-400 Filed Online¬†ūüėĀ

August 7, 2022: N-400 Receipt Notice

August 7, 2022: Received "Reuse Biometrics" Notice

August 7, 2022: Uploaded request for combo interview

November 10, 2022: N-400 Interview is scheduled (Dec 14, 2022)

______________________________________

20 years, US Air Force- Retired

Registered Nurse- Retired

IT Professional- Retired

Student of US Immigration- Never Ending

 

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Taiwan
Timeline
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. 


May     10, 2017: CR-1 Issued in Taipei, Taiwan

June    23, 2017: POE Dallas, Texas

March 28, 2019: I-751 filed.  "Case ready for interview"....still waiting.

August 7, 2022: N-400 Filed Online¬†ūüėĀ

August 7, 2022: N-400 Receipt Notice

August 7, 2022: Received "Reuse Biometrics" Notice

August 7, 2022: Uploaded request for combo interview

November 10, 2022: N-400 Interview is scheduled (Dec 14, 2022)

______________________________________

20 years, US Air Force- Retired

Registered Nurse- Retired

IT Professional- Retired

Student of US Immigration- Never Ending

 

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Taiwan
Timeline
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...........


May     10, 2017: CR-1 Issued in Taipei, Taiwan

June    23, 2017: POE Dallas, Texas

March 28, 2019: I-751 filed.  "Case ready for interview"....still waiting.

August 7, 2022: N-400 Filed Online¬†ūüėĀ

August 7, 2022: N-400 Receipt Notice

August 7, 2022: Received "Reuse Biometrics" Notice

August 7, 2022: Uploaded request for combo interview

November 10, 2022: N-400 Interview is scheduled (Dec 14, 2022)

______________________________________

20 years, US Air Force- Retired

Registered Nurse- Retired

IT Professional- Retired

Student of US Immigration- Never Ending

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Russia
Timeline
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.


31-Jan-2020 : I-485 Filed

17-Feb-2020: I-765/I-131 Filed

24-May-2020: I-765/I-131 approved

31-May-2020: EAD/AP Combo Card received

05-Oct-2020: Biometrics Scheduled

20-Oct-2020: Biometrics Complete

30-Nov-2020: EAD/AP Renewal Filed

04-Dec-2020: AOS Case Was Transferred And A New Office Has Jurisdiction¬†ūüėāūüėā¬†- Transfer from CSC to Nebraska Service Center¬†¬†

13-Jan-2021: EAD/AP USCIS processed renewal

25-Jan-2021: EAD/AP renewal TExt message for case received

30-Jan-2021: EAD/AP renewal Receipts received

15-Mar-2021: AOS Approved - Card Production Sent

20-Mar-2021: Card Received in Mailbox

 

Share this post


Link to post
Share on other sites
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 :) 

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: Taiwan
Timeline
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 by Lucky Cat

May     10, 2017: CR-1 Issued in Taipei, Taiwan

June    23, 2017: POE Dallas, Texas

March 28, 2019: I-751 filed.  "Case ready for interview"....still waiting.

August 7, 2022: N-400 Filed Online¬†ūüėĀ

August 7, 2022: N-400 Receipt Notice

August 7, 2022: Received "Reuse Biometrics" Notice

August 7, 2022: Uploaded request for combo interview

November 10, 2022: N-400 Interview is scheduled (Dec 14, 2022)

______________________________________

20 years, US Air Force- Retired

Registered Nurse- Retired

IT Professional- Retired

Student of US Immigration- Never Ending

 

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
√ó
√ó
  • Create New...