Going to marry a AOS Canadian

[harley2936 0]

I am a US citizen and am planning on marrying a Canadian as soon as his divorce is final on June 3. In Wisconsin, where we both live, the waiting period is 6 months. His immigration status is currently pending the last immigration interview is on June 10. Which he will be divorced from the petition at that time. So we are assuming that he will be denied and put into deportation status. Like I said we will be getting married as soon as possible. We are moving to Washington and they have no waiting period there to get married. What and when can I file to keep him in the states. Can anyone help me with the best solution for us. I am not sure what I can file for him. He has been in the US for 10 years, and like I said we are planning on marrying, just need help to find out when I can file to keep him here. We have been told to go to Vegas as soon as the divorce papers are final and get married, and that it would be best if we did it before the interview date. He came over on a I130 11 1/2 years ago. Thank you

[Dakine 26]

I am a US citizen and am planning on marrying a Canadian as soon as his divorce is final on June 3. In Wisconsin, where we both live, the waiting period is 6 months. His immigration status is currently pending the last immigration interview is on June 10. Which he will be divorced from the petition at that time. So we are assuming that he will be denied and put into deportation status. Like I said we will be getting married as soon as possible. We are moving to Washington and they have no waiting period there to get married. What and when can I file to keep him in the states. Can anyone help me with the best solution for us. I am not sure what I can file for him. He has been in the US for 10 years, and like I said we are planning on marrying, just need help to find out when I can file to keep him here. We have been told to go to Vegas as soon as the divorce papers are final and get married, and that it would be best if we did it before the interview date. He came over on a I130 11 1/2 years ago. Thank you

What kind of GC does he have. 10 year? What is the interview for?

[harley2936 0]

I am a US citizen and am planning on marrying a Canadian as soon as his divorce is final on June 3. In Wisconsin, where we both live, the waiting period is 6 months. His immigration status is currently pending the last immigration interview is on June 10. Which he will be divorced from the petition at that time. So we are assuming that he will be denied and put into deportation status. Like I said we will be getting married as soon as possible. We are moving to Washington and they have no waiting period there to get married. What and when can I file to keep him in the states. Can anyone help me with the best solution for us. I am not sure what I can file for him. He has been in the US for 10 years, and like I said we are planning on marrying, just need help to find out when I can file to keep him here. We have been told to go to Vegas as soon as the divorce papers are final and get married, and that it would be best if we did it before the interview date. He came over on a I130 11 1/2 years ago. Thank you

What kind of GC does he have. 10 year? What is the interview for?

He has no GC....when he was married his soon to be ex always told him that the I130 was all they needed. Well, when we met, that is when he started the process for his AOS. The interview is what is left of his I485. He has gotten his work permit and travel document, finger printing and all the other stuff is done. This is the interview that him and his (ex) wife are suppose to attend together....but she will not.

[wowswift 3]

getting married to avoid deportation isn't going to stop it.

[Boiler 43,720]

Double post

[harley2936 0]

getting married to avoid deportation isn't going to stop it.

Well than I guess I am paying my lawyer for false information.

[harley2936 0]

Double post

I was told by someone that I posted it in the wrong category and to repost it this one. Sorry!!!! Just joined today....don't know all the ins and outs yet, just trying to get some help

[wowswift 3]

getting married to avoid deportation isn't going to stop it.

Well than I guess I am paying my lawyer for false information.

this is what i found on it, is is possible but not at all easy.

Marriage in removal proceedings

Many people assume that when an alien finds him or herself in the unfortunate circumstance of removal proceedings, one option is to marry a U.S. citizen or lawful permanent resident to obtain legal status. Unfortunately, obtaining status through marriage after you are already in proceedings is not as easy as obtaining it otherwise. Specifically, under INA § 204(g), an alien’s spouse cannot petition for the alien based on a marriage formed during removal proceedings unless the alien leaves the U.S. for two years beginning after the date of the marriage. As the petition is the basis on which an alien can adjust his or her status, this means that he or she must leave for two years before adjustment of status is a possibility. Moreover, when you depart the U.S. after being out of status, there are further bars and complications to coming back.

In order to avoid the requirement to leave the U.S. for two years, the alien and his or her spouse must prove by “clear and convincing evidence” (pursuant to INA § 245(e)(3)) that the marriage is bona fide. This standard is much more difficult to meet than the standard for ordinary marriage-based adjustments for two reasons:

1. The Automatic Presumption. By law, there is an automatic presumption that the marriage is fraudulent when it is formed during removal proceedings. This means that in order to overcome the assumption that the marriage is not real, the married couple must find a way to prove that they are really in love and have true intentions to remain a married couple, beyond a shadow of a doubt. In the regular marriage-based adjustment process, immigration officials are often cynical and suspicious, so the process is difficult. In the marriage-based adjustment process during removal proceedings, however, it is exceedingly difficult.

2. Documentary evidence. The alien must prove through extensive documentary evidence that his or her relationship is real. Sometimes meeting someone while in proceedings, falling in love, and then marrying them quickly and filing will not provide the requisite material to prove the relationship. Even if the marriage is based on a long-standing relationship, often the couple has not lived together, so that the documentary evidence is minimal.

In addition, it is important to know that if you are found to have presented a fraudulent marriage in order to obtain relief, you could potentially be prevented from ever obtaining an approved visa petition in the future, were you to apply to come back after deportation. Therefore, there is an inherent risk in even trying to gain relief based on marriage during proceedings.

As most individuals who have ever been involved in the immigration process know, outcomes can be arbitrary, and some real relationships are not found to be real by the USCIS when they obviously should be. Sadly, there are no absolutes or guarantees whichever route you choose, but it helps to understand what you are facing and what the potential consequences of your actions may be.

[harley2936 0]

getting married to avoid deportation isn't going to stop it.

Well than I guess I am paying my lawyer for false information.

this is what i found on it, is is possible but not at all easy.

Marriage in removal proceedings

Many people assume that when an alien finds him or herself in the unfortunate circumstance of removal proceedings, one option is to marry a U.S. citizen or lawful permanent resident to obtain legal status. Unfortunately, obtaining status through marriage after you are already in proceedings is not as easy as obtaining it otherwise. Specifically, under INA § 204(g), an alien’s spouse cannot petition for the alien based on a marriage formed during removal proceedings unless the alien leaves the U.S. for two years beginning after the date of the marriage. As the petition is the basis on which an alien can adjust his or her status, this means that he or she must leave for two years before adjustment of status is a possibility. Moreover, when you depart the U.S. after being out of status, there are further bars and complications to coming back.

In order to avoid the requirement to leave the U.S. for two years, the alien and his or her spouse must prove by “clear and convincing evidence” (pursuant to INA § 245(e)(3)) that the marriage is bona fide. This standard is much more difficult to meet than the standard for ordinary marriage-based adjustments for two reasons:

1. The Automatic Presumption. By law, there is an automatic presumption that the marriage is fraudulent when it is formed during removal proceedings. This means that in order to overcome the assumption that the marriage is not real, the married couple must find a way to prove that they are really in love and have true intentions to remain a married couple, beyond a shadow of a doubt. In the regular marriage-based adjustment process, immigration officials are often cynical and suspicious, so the process is difficult. In the marriage-based adjustment process during removal proceedings, however, it is exceedingly difficult.

2. Documentary evidence. The alien must prove through extensive documentary evidence that his or her relationship is real. Sometimes meeting someone while in proceedings, falling in love, and then marrying them quickly and filing will not provide the requisite material to prove the relationship. Even if the marriage is based on a long-standing relationship, often the couple has not lived together, so that the documentary evidence is minimal.

In addition, it is important to know that if you are found to have presented a fraudulent marriage in order to obtain relief, you could potentially be prevented from ever obtaining an approved visa petition in the future, were you to apply to come back after deportation. Therefore, there is an inherent risk in even trying to gain relief based on marriage during proceedings.

As most individuals who have ever been involved in the immigration process know, outcomes can be arbitrary, and some real relationships are not found to be real by the USCIS when they obviously should be. Sadly, there are no absolutes or guarantees whichever route you choose, but it helps to understand what you are facing and what the potential consequences of your actions may be.

Thank you for that information. And that is exactly way our lawyer is telling us to get married as soon as possible after the divorce. We have been living together for almost a year and I have two older children that could contest that we have been together and have been a family for the past year and a half. I don't know what the outcome of the interview will be on June 10, so we will just have to prepare for a battle to prove it is legit. Again thank you for your info.

[Anh map 2,098]

I don't see your (OP) relationship as the big hurdle. Sounds like you can show plenty of evidence. It is how will his being here for so long w/o a green card or other legal status be seen. Ignorance of the law can't be an acceptable defense. And it would be pretty hard to believe that he was not aware of the green card.

Best of luck in your resolution of this matter.

[Chica Yeyé 41]

Double post --- asking moderators to combine the threads.