bigbluueyes

You need an attorney.

Dont think you can petition for someone in removal proceedings.

If you can get the proceedings quashed, then you can file since he entered legally.

Asylum from Mexico???? that doesnt even make sense.

Why doesn't that make sense? I don't think you know my husband or his situation. It makes perfect sense if you knew the story. People can claim asylum for many reasons from many countries.

We met with an attorney, and he said that its slightly more complicated but is still a change of status issue. We have to file an I-130 ASAP and hope that gets approved by his October court date. Once we have a reciept from that, then we file the I-145. I will ask about doing these at the same time. Then we REQUEST from the judge that he be allowed to go from a TOURIST STATUS to a GREEN CARD STATUS. And then I guess at that point we would proceed normally as if it was a standard change of status. Atleast that is what I hope. The main things are, our lawyer says, that he entered legally on a tourist visa, did not enter with intent to marry or immigrate, has no criminal background and we are a legitimate marriage. We are just still so nervous.

I believe this list comes from an artiicle writen by one of the of the immigration Attorney's out there that has a large website it may be Cyrus Mehta but I dont recall for sure. The list also includes snippets from the adjudicators field manual concerning the "red flags" that should alert the CO to potential visa fraud.

It seems to me that people on this board should always keep in mind the fact that they represent a very very small minority of the visa applications out there. It this was not true then the processing times would only be a few days

Most people here (90% plus) go through the process and are eventually approved. Because of this its natural to assume its slow but no big deal and in the majority of cases they are correct also some because of their good fortune assume they are experts on the process.

However, if just 10% of the petitioners on a national basis have their petitions returned for suspicion of visa fraud that is a enormous number.

I suspect the OP may be one of the 10% of the folks caught in the visa trap and I wish him/her well.

I am actually OK with hearing about something other than all the success stories. Im happy for them, but I am just staring the process and all information is good. I want to know what kind of trouble we can expect, what roadblocks we may find, etc. All information is good information )

So can we move on to the information part now? Maybe this is a good time to share any of YOUR roadblocks so that others can learn from them...

Hi BigBluuEyes. I am moving your post to the appropriate forum. Bottom line is that your spouse can adjust status if he entered legally without intent to immigrate. Take a look around this forum and you should find all your answers.

All the best.

If your lawyer is telling you to only start the I-130 process then it is time for a new lawyer!

Ok, telling me why would be very helpful.

I guess I should mention that my husband (yes we are married) also has a notice to appear and is in the "deportation process". His court date is October of 09. This was from an assylum petition that his wife filed (he was listed as a secondary) before they were divorced. It was denied by the initial judge so it was sent to the court for review. Our lawyer says because we are now in that process and in the "court system" its slightly more complicated from a procedure standpoint from most other change of status cases. We have to go to the judge in October and let them know we are asking for a change of status and we need to have the I-130 filed and hopefully approved by that time. If its not approved, we ask to extend our court date until its approved. He says once we get a reciept notice of the I-130 then we can do the I-485 AOS form. I see that many of you get to do that at the same time.

Does anyone have any experience with the AOS process while IN the deportation process? We are so nervous about it because so little information is out there from others, and previous attorney said it was so easy to do and our current one says is more complex.

And that website that was suggested was VERY informative and will help me greatly once we get the approval from the judge to do the AOS. But we want to make sure we dont screw it up before that point and ruin our chances once in front of the judge.

Thank you all!!!

My husband is wating to hear from the appeal court after being denied assylum. In the meantime I filed I-130 on 8/29/08 CSC. We are told we have to wait for I-130 approval before we can apply for motion to reopen. What happens if the decision to remove him come before we get I-130 approval.

Please help. Any information is helpful.

Kathy, I am in a very similiar situation and I will be following this thread. My husband was denied assylum before we got married, has a notice to appear in October and is in "the deportation process". We are married now and will start with the I-130 this week. But my question is, are you re-opening the assylum case? Or moving forward with a change of status, or did you already do that? Or did his denial come AFTER you were already married. I am very new at this process so any information as to your situation will be great info for me.

Thanks and good luck!

Hi everyone, my husband entered the us legally but his visa expired. He applied for assylum but did not get approved right away because his visa expired so now he has a notice to appear in October in front of a judge-I guess to appeal. Im not sure what is supposed to go on at that hearing.

But we are married now, and we have been advised by our attorney that we need to start with an I-130. And in October we will request a change of status, he says.

Does anyone else have ANY dealings with this type of situation? By that I mean, in the deportation process, with a NTA and now married and doing a family petition/visa?

Thanks!!

Hi Everyone, I read so much about spouses from abroad that are living abroad when the visa process is started. Does anyone have any experience when your foreign spouse is already in the states from a previous visa. His visa has expired but he did enter legally. Our lawyer says we have to start with the I-130. Whats the difference between that and an I-129? I cant seem to get a full answer from other resouces.

Thanks in advance