I-130 approved but we have 2 pardons in the way

[ChePipa00 6]

Apologize if i'm posting in the wrong section but looking for maybe some guidance/information from possible similar individuals as ourselves. 

We're both in our 80s. she's been in the country now 20 years but overstayed her time once and was sent a letter to leave the country but she continued staying here working and paying taxes. She received a second letter that she was being deported but continued to stay and work. Fast forward to 2018...we found each other and quickly fell in love. We married in 2019 and began the process at a chance for her to stay in the country with me. At the end of 2019 we filed an i-130. We were summoned to court in early 2021 for the 2 infractions and a decision was made that the court needed more time to decided what would happen. We have heard nothing until today....notice of approval of I-130 was made. 

 

What happens from here roughly?  I'm not looking for exacts....just pieces of info that could help point us in the right direction.  I'm assuming that now we have to wait for both infractions to be pardoned? If so, does the I-130 give us some shimmer of hope that maybe there's a good chance it's moving forward for us? What happens next? I-485? Do you normally have an interview here in the US or does she have to go back to her country for the interview. She currently has lawyer but looking to find a different one....money spent so far in legal fee is over $25,000. 

Edited October 15, 2022 by ChePipa00

[SalishSea 17,916]

12 minutes ago, ChePipa00 said:

I'm assuming that now we have to wait for both infractions to be pardoned?

What do you mean?  

Edited October 15, 2022 by Jorgedig

[ChePipa00 6]

4 minutes ago, Jorgedig said:

What do you mean?  

We were told by her legal team that now we must submit two documents (request for pardon) , one for each of the times she disobeyed to leave the country.

[SalishSea 17,916]

4 minutes ago, ChePipa00 said:

We were told by her legal team that now we must submit two documents (request for pardon) , one for each of the times she disobeyed to leave the country.

You must be referring to waivers.  She will be found inadmissible due to the overstay and will need to request a waiver.

 

As far as I know, she will need to interview abroad

 

The I130 is just to establish your relationship to her.  It is a petition and is not a visa application.

Edited October 15, 2022 by Jorgedig

[ChePipa00 6]

9 minutes ago, Jorgedig said:

You must be referring to waivers.  She will be found inadmissible due to the overstay and will need to request a waiver.

 

As far as I know, she will need to interview abroad

With the I-130 being approved does it mean anything? Is the I-130 handled by one group that has no idea about the 2 waivers needed? I'm just assuming but because we had a court date that somewhere in the system they could see the process of her trying to adjust was already in motion? 

[SalishSea 17,916]

Just now, ChePipa00 said:

With the I-130 being approved does it mean anything? Is the I-130 handled by one group that has no idea about the 2 waivers needed? I'm just assuming but because we had a court date that somewhere in the system they could see the process of her trying to adjust was already in motion? 

I-130 is just a petition.  Is she trying to adjust status?  Have you filed for that?

[SalishSea 17,916]

Actually, OP, your wife is currently in removal proceedings, correct?  So I think that precludes her ability to adjust status via marriage to you.

 

 

[ChePipa00 6]

5 minutes ago, Jorgedig said:

I-130 is just a petition.  Is she trying to adjust status?  Have you filed for that?

we filled out the I-130 and legal is taking care of the waivers. Yes, we want for her to stay here with me in the country and live out the rest of our lives. We have not filed an I-485 yet if that's what you're asking. We were told that the I-130 needed to be approved, and then the 2 waivers would have to be approved (or however it's called). True?

[SalishSea 17,916]

1 minute ago, ChePipa00 said:

we filled out the I-130 and legal is taking care of the waivers. Yes, we want for her to stay here with me in the country and live out the rest of our lives. We have not filed an I-485 yet if that's what you're asking. We were told that the I-130 needed to be approved, and then the 2 waivers would have to be approved (or however it's called). True?

As far as I know, marrying a USC whilst in removal proceedings makes it impossible to adjust status based on the marriage to that USC.  @Mike E, care to comment?

[ChePipa00 6]

15 minutes ago, Jorgedig said:

Actually, OP, your wife is currently in removal proceedings, correct?  So I think that precludes her ability to adjust status via marriage to you.

 

 

my memory isn't as good as it once was. Im asking her now as I was in surgery/hospital during her court date. 

[ChePipa00 6]

8 minutes ago, Jorgedig said:

As far as I know, marrying a USC whilst in removal proceedings makes it impossible to adjust status based on the marriage to that USC.  @Mike E, care to comment?

I'm not sure if there's a time table for the actual removal proceedings but we were married 2 years (almost) prior to any court being assigned to her) OR if that makes a difference when you say it's impossible to adjust based on marriage.

[belinda63 3,038]

I believe she has to ask the immigration court for leave to file the I-485 since she is in deportation proceedings. 

Edited October 15, 2022 by belinda63

[Verrou 1,962]

If it’s removal proceeding ( like me) she still can adjust status but she need to have that removal peoceeding to be terminated. Approved i-130 can be use to motion to terminate and after it’s granted she can file for I-485. 
 

While if she’s already in deportation order, that’s totally different case 

Edited October 15, 2022 by Misscloud

[SalishSea 17,916]

54 minutes ago, Misscloud said:

If it’s removal proceeding ( like me) she still can adjust status but she need to have that removal peoceeding to be terminated. Approved i-130 can be use to motion to terminate and after it’s granted she can file for I-485. 
 

While if she’s already in deportation order, that’s totally different case 

In the first post, OP says that she had already been ordered to leave the US prior to their marriage.

[milimelo 4,494]

4 hours ago, Jorgedig said:

Actually, OP, your wife is currently in removal proceedings, correct?  So I think that precludes her ability to adjust status via marriage to you.

 

 

Actually, with a good lawyer and if the husband is USC (as it seems he is), they can ask for cancellation of removal and for immigration court to allow AOS. Of course needs to write up that she's been contributing member of society (work, volunteering, tax-paying person) and how her deportation would negatively affect the USC spouse. Where's she from?