New here and in trouble :(

[Mefrie 1]

Hi there!

My boyfriend is from Malaysia, and his student visa is expired. Week before last, he was travelling in Texas and apparently they have stops along the roadways where they routinely check immigration status. Who knew? So now he is in jail in Texas, and they want to deport him. I want him to stay here.

So... we have been dating for over a year, and have talked about getting married, seriously talked about it, but weren't really planning it IMMEDIATELY if you know what I mean. But I would much rather marry him right now than lose him forever, and everyone says that's pretty much his only hope of staying in the US, so I am just now starting to research all the laws and forms and stuff, but my emotions at the moment (terrified, sad, hopeful and confused) do not mix well with learning these processes, and honestly, all the form names sort of make my eyes glaze over as well...

So probably you will be seeing me here A LOT, at first asking questions and maybe as I get more familiar with this stuff I will be able to help other members as well. I'm so glad to find a community like this, thanks for being here!

-Mefrie

[ronjie 0]

talk to a lawyer who specializes in immigration. the worst thing he could have done is overstayed his visa from what I read here !!!

[brnidokiegurl 0]

why just ask for opinions, go to a lawyer up front

[Mefrie 1]

We have a lawyer for the bail bond hearing already, but it's pretty expensive ($1,100) and neither of us has tons of moneyjust lying around... I have tried to ask the lawyer some things about what we need to do after that, but he pretty much said I should just focus on the hearing right now and "we'll worry about the rest later" Plus the lawyer is in Texas (where Richard is being detained) and I am in Mobile, Alabama.

Wow, overstaying is the worst thing, eh? One of the links I was reading earlier made it sound like entering illegally in the first place would have been the very worst thing, but... I know this is pretty bad and I'm scared.

This is our situation... Richard has his batchleor's degree and was working on his master's when, in his last semester, he had a bit of a depression breakdown due to personal stuff happening to him at the time, and missed several weeks of school. Unfortunately because it was more mental than physical, he didn't see any doctor or get an excuse, so he failed for that semester. Failing caused his visa to be out of status, so his only option was to go back to Malaysia and renew it, BUT at that time he didn't think it would be possible to get a new one if he went back (he has tried to explain this to me, but it's been a while since we talked about it...something about how his family had had to bribe people in their government in the first place to get the visa and he didn't want them to spend that money again and he didn't think he could get another student one from them since he had failed anyway) So at this time he was still hoping the rules would relax (go back to pre-9/11 where you could change your visa in the US when something happened like this) so he just..... stayed.

So the next year I met him through work and his roommate, and then about a year and a half ago we started hanging out/dating and i found out about some of his visa problems.

So now, assuming we do manage to get him out on bail, I just am looking for some idea of what to do next. Do I marry him right away? Do I apply for a fiance visa of some type? I am so terrified that I will marry him and then he will be deported anyway and will not be able to return to the US for ten years if ever... I love him very very much, biut I do not think I'm willing to live in Malaysia for the rest of my life!! It would be nice to have a lawyer throughout this whole procress, but I think the reality is we will not be able to afford to.... I know there are lots of fees associated with filing for papers at every step of the way, even without a lawyer.

[payxibka 10,044]

I assume deportation proceedings have technically begun... getting married to a USC while in the midst of deportation proceedings does not or will not stop these proceedings.

It appears he is headed out of the country.... A 10 year ban is potentially overcome with a hardship waiver...

Competant legal counsel is your best bet here...

[Mefrie 1]

I am assuming they have too.... He hasn't been to any hearings or heard... anything, really, and I am having a lot of trouble getting anyone in Texas to tell me anything over the phone at all. After he was arrested, they were apparently shuffling prisoners around and it took me five days and literally over 100 phone calls to even locate him... that was because after the call on the first day, he had to apply for a phone card. Really we don't know WHAT is going on from the government's end, only that our lawyer is trying to get a bail bond hearing set up.

[Chica Yeyé 41]

I assume deportation proceedings have technically begun... getting married to a USC while in the midst of deportation proceedings does not or will not stop these proceedings.

It appears he is headed out of the country.... A 10 year ban is potentially overcome with a hardship waiver...

Competant legal counsel is your best bet here...

Absolutely. Consult with an attorney alright, but if deportation proceedings have begun; you will not stop them by getting married.

[ronjie 0]

most all of us here are doing things the right and legal way, and we can do very little other than wait for our approvals of petition and visa's. sounds like he has been here a long time since his visa expired. and without money for a very good attorney your chances of keeping him here are slim to non, thats the reality of it...

[Nothing1234 2]

Consult with an attorney ASAP, but as others said if deportation proceedings have begun; there is no stopping it by marriage.

[Krikit 1,163]

You may want to take a look at this thread, Mefrie. There's some good information in there.

[Kathryn41 3,205]

I will also advise to get a lawyer. Marrying while someone is involved in deportation proceedings is often considered fraud by USCIS, so if you went that route there would likely be additional charges to overcome as well as the long overstay. If you had married before he was arrested you would have had a chance of him adjusting status from within the US but not now. He needs to return to Malaysia and you then need to sponsor him for a return to the US as your fiance or, if you get married, as your spouse. It will require, however, approval of a hardship waiver and those are not easy to come by. I'm sorry - it is tough when someone you care for is in these circumstances.

[sweet_peach 0]

We have a lawyer for the bail bond hearing already, but it's pretty expensive ($1,100) and neither of us has tons of moneyjust lying around... I have tried to ask the lawyer some things about what we need to do after that, but he pretty much said I should just focus on the hearing right now and "we'll worry about the rest later" Plus the lawyer is in Texas (where Richard is being detained) and I am in Mobile, Alabama.

Wow, overstaying is the worst thing, eh? One of the links I was reading earlier made it sound like entering illegally in the first place would have been the very worst thing, but... I know this is pretty bad and I'm scared.

This is our situation... Richard has his batchleor's degree and was working on his master's when, in his last semester, he had a bit of a depression breakdown due to personal stuff happening to him at the time, and missed several weeks of school. Unfortunately because it was more mental than physical, he didn't see any doctor or get an excuse, so he failed for that semester. Failing caused his visa to be out of status, so his only option was to go back to Malaysia and renew it, BUT at that time he didn't think it would be possible to get a new one if he went back (he has tried to explain this to me, but it's been a while since we talked about it...something about how his family had had to bribe people in their government in the first place to get the visa and he didn't want them to spend that money again and he didn't think he could get another student one from them since he had failed anyway) So at this time he was still hoping the rules would relax (go back to pre-9/11 where you could change your visa in the US when something happened like this) so he just..... stayed.

So the next year I met him through work and his roommate, and then about a year and a half ago we started hanging out/dating and i found out about some of his visa problems.

So now, assuming we do manage to get him out on bail, I just am looking for some idea of what to do next. Do I marry him right away? Do I apply for a fiance visa of some type? I am so terrified that I will marry him and then he will be deported anyway and will not be able to return to the US for ten years if ever... I love him very very much, biut I do not think I'm willing to live in Malaysia for the rest of my life!! It would be nice to have a lawyer throughout this whole procress, but I think the reality is we will not be able to afford to.... I know there are lots of fees associated with filing for papers at every step of the way, even without a lawyer.

When did his visa expire? If its been a year or more he is banned from the US for 10 years

[rebeccajo 14]

most all of us here are doing things the right and legal way, and we can do very little other than wait for our approvals of petition and visa's. sounds like he has been here a long time since his visa expired. and without money for a very good attorney your chances of keeping him here are slim to non, thats the reality of it...

....are you implying the OP's boyfriend was doing things the wrong and illegal way?

Because if you are, I wonder how you can come to that conclusion with the little bit of information we have been given.

[Mefrie 1]

You may want to take a look at this thread, Mefrie. There's some good information in there.

I read it... this is depressing but good to know, I guess. I am writing down more things to ask the lawyer (Marlon Valladares, he does immigration cases in San Antonio, texas, if anyone here has heard of him) That thread was posted in January.... I wish it had been updated with some more outcome since then....

It has been four years since his visa expired.... I'll ask the lawyer if there's any hope at all, I guess. But you guys.....pretty much think not? I doubt I could get a hardship waiver, i support myself pretty well and we don't have any kids or anything.

[payxibka 10,044]

You may want to take a look at this thread, Mefrie. There's some good information in there.

I read it... this is depressing but good to know, I guess. I am writing down more things to ask the lawyer (Marlon Valladares, he does immigration cases in San Antonio, texas, if anyone here has heard of him) That thread was posted in January.... I wish it had been updated with some more outcome since then....

It has been four years since his visa expired.... I'll ask the lawyer if there's any hope at all, I guess. But you guys.....pretty much think not? I doubt I could get a hardship waiver, i support myself pretty well and we don't have any kids or anything.

Hardship waivers come in all flavors based on many facts and many circumstances... Any immigration lawyer worth there fees can craft a request that has at lease a plausible chance for consideration....