Worried...Can my husband be deported?

[SomeWhereInTime 0]

Not long ago I posted the following thread seeking some guidance. : http://www.visajourney.com/forums/index.php?showtopic=142652

My spouse and I are compiling what we need for the AOS so we can file. I contacted an attorney also because several friends have given me horror stories of deportation of a spouse who entered on the visa waiver thingy, got married at the drop of a hat, and then try to stay while awaiting the green card. The attorney I spoke to has instructed my spouse to return home to the UK stating that since we knew each other previous that immigration is going to consider our marriage and my husband's entry into the country for intent of marriage, and that if he doesn't go back to the UK he will be deported and banned from re-entry to the USA for 10 years. This is not what happened. He came to visit, with a round trip ticket and every intention of going back home. I am so confused. I don't know whether to have him go back to the UK and file for some other type of visa or risk deportation since this lawyer seems to think we are risking that.

Can someone please guide me in finding information that substantiates that couples who are in similar situation as us have actually faced the foreign spouse being deported when that spouse entered on visa waiver and married a us citizen after the fact?

What is the worst that can happen? If we apply for the AOS, when would we find out whether they would likely deport or not? Is there some way to fight a notice of deportation if we did in fact get one.

I am frightened so any information would be greatly appreciated. We are madly in love, the idea of his having to leave is horrible, but I am trying to make an informed decision.

I have heard pros and cons about lawyers in my reading of this site, so am not so sure this lawyer is correct. But then I am not a lawyer.

thank you!

Edited August 21, 2008 by SomeWhereInTime

[*JG* 2]

Can you give a little more detail? When did he enter? When did you marry?

[TayRivers 4]

Do a search of VJ for posts from a user named Kez/jwolf, I belive they did exactly what you are trying to do. Only advice I will give is that your husband should not leave the US until you have spoken to another Lawyer, as the one you have is giving you misinformation.

[SomeWhereInTime 0]

Can you give a little more detail? When did he enter? When did you marry?

Please see the thread link at the top of my initial post it answers your questions.

[Heliosphan 1]

Do a search of VJ for posts from a user named Kez/jwolf, I belive they did exactly what you are trying to do. Only advice I will give is that your husband should not leave the US until you have spoken to another Lawyer, as the one you have is giving you misinformation.

I agree with that. Of course every case is different but try another opinion.

It all depends on intent and if an IO thinks you husband tried to evade immigration law then it's a problem. But a lot of people have been able to adjust status after coming to the US on the Visa Waiver Program.

[Krikit 1,165]

There are lots of people who have adjusted from the same situation. Start with this post and then read other threads in that forum. As TayRivers says, Kez is also a good source of information. Good luck, and congratulations.

[pushbrk 13,133]

Can you give a little more detail? When did he enter? When did you marry?

Please see the thread link at the top of my initial post it answers your questions.

Your questions have already been answered in the original thread. Please take yes for an answer, study the guides and form instructions and simply get on with it.

[Krikit 1,165]

Your questions have already been answered in the original thread. Please take yes for an answer, study the guides and form instructions and simply get on with it.

He's right, OP.

[tanyaru 3]

Not long ago I posted the following thread seeking some guidance. : http://www.visajourney.com/forums/index.php?showtopic=142652

My spouse and I are compiling what we need for the AOS so we can file. I contacted an attorney also because several friends have given me horror stories of deportation of a spouse who entered on the visa waiver thingy, got married at the drop of a hat, and then try to stay while awaiting the green card. The attorney I spoke to has instructed my spouse to return home to the UK stating that since we knew each other previous that immigration is going to consider our marriage and my husband's entry into the country for intent of marriage, and that if he doesn't go back to the UK he will be deported and banned from re-entry to the USA for 10 years. This is not what happened. He came to visit, with a round trip ticket and every intention of going back home. I am so confused. I don't know whether to have him go back to the UK and file for some other type of visa or risk deportation since this lawyer seems to think we are risking that.

Can someone please guide me in finding information that substantiates that couples who are in similar situation as us have actually faced the foreign spouse being deported when that spouse entered on visa waiver and married a us citizen after the fact?

What is the worst that can happen? If we apply for the AOS, when would we find out whether they would likely deport or not? Is there some way to fight a notice of deportation if we did in fact get one.

I am frightened so any information would be greatly appreciated. We are madly in love, the idea of his having to leave is horrible, but I am trying to make an informed decision.

I have heard pros and cons about lawyers in my reading of this site, so am not so sure this lawyer is correct. But then I am not a lawyer.

thank you!

Hi. I honestly don`t know how AOS works with WWP but I wanted to tel you this. I spoke to a legal office on my husband`s base (kinda military legal non-profit organization) because I was thinking of hiring a lawyer for my case and they told me that it is really a waste uless you are in a removal proccedings, have a criminal history, were denied or just don`t want to deal with a paperwork yourself. Just think, you come to a car dealership and ask salesperson if you need a car... of cause he will answer "yes, you do". So is lawyer.

If you think you have good prove that he came here without intention to immigrate then according to other VJers stories he should be fine. But you have to file for AOS ASAP!!!!! Bacause simply marrying US citizen does not grant him legal right to stay here.

Good luck.

[SomeWhereInTime 0]

Can you give a little more detail? When did he enter? When did you marry?

Please see the thread link at the top of my initial post it answers your questions.

Your questions have already been answered in the original thread. Please take yes for an answer, study the guides and form instructions and simply get on with it.

Actually, I haven't seen a direct answer to my question. So perhaps I am not asking clearly.

What is the worst that can happen if they deem that my spouse entered with intent to marry on the visa waiver (though this isn't what happened)? If they start deportation proceedings what happens? Is there time to fight the process? I want to know what the worse case scenario is

Thank you

[pushbrk 13,133]

Can you give a little more detail? When did he enter? When did you marry?

Please see the thread link at the top of my initial post it answers your questions.

Your questions have already been answered in the original thread. Please take yes for an answer, study the guides and form instructions and simply get on with it.

Actually, I haven't seen a direct answer to my question. So perhaps I am not asking clearly.

What is the worst that can happen if they deem that my spouse entered with intent to marry on the visa waiver (though this isn't what happened)? If they start deportation proceedings what happens? Is there time to fight the process? I want to know what the worse case scenario is

Thank you

Deportation and a lifetime ban are the worst case scenario. Yes there's time to fight the process. If your spouse entered with the intent to marry AND to circumvent US immigration law by staying to adjust status then he should definitely go home and go through the spouse visa process.

If he came here to visit and then while visiting, the two of you decided to get married and for him to stay and adjust status, he can STAY and adjust status legally. Please not the emphasis on "STAY" as indicated here and in the earlier thread.

Always tell the truth throughout the visa process. If you fail to tell the truth here, you'll get advice that matches your lie. If you've told us the truth, my advice is to get on with adjusting status.

Edited August 21, 2008 by pushbrk

[SomeWhereInTime 0]

Deportation and a lifetime ban are the worst case scenario. Yes there's time to fight the process. If your spouse entered with the intent to marry AND to circumvent US immigration law by staying to adjust status then he should definitely go home and go through the spouse visa process.

If he came here to visit and then while visiting, the two of you decided to get married and for him to stay and adjust status, he can STAY and adjust status legally. Please not the emphasis on "STAY" as indicated here and in the earlier thread.

Always tell the truth throughout the visa process. If you fail to tell the truth here, you'll get advice that matches your lie. If you've told us the truth, my advice is to get on with adjusting status.

Thank you for your answers. My husband did NOT enter the USA with intent of marriage. After reading all I could find on this forum and on the internet, after being told of horror stories of couples in a similar situation who never intended to get married when the foreign spouse visited on the visa waiver, and they had problems, and after a warning from a lawyer saying the same thing, I have seen comment after comment that immigration officers at time of interview have the discretion on whether to believe us for proving intent to immigrate or not, regardless of us telling the truth. There is no change in the truth of our story. But you cannot tell me that whether you are approved or not for the aos isn't going to rely to some degree (if not a great degree) on the immigration officer that you are assigned who reviews your case and interviews you. I have seen statements that say the burden of proof to show that my spouse didn't come here intentionally is his/our burden.

If we have proof that he traveled here without intent to marry, such as ties to his country, ie...his children, his apartment, his family, his obligations all of which he left behind, yet we interview with an officer who doesn't believe us, though we are telling the truth, I wanted to know what was the worst that could happen.

We are telling the truth, but from everything I have read, how this turns out is going to depend on who we get as an officer for the interview, and whether they doubt our story, and what proof we can provide that he didn't enter with immigration intent. Thus my reason for trying to find out what's the worst that can happen, such as is there an appeal process in case we do face an officer who doesn't accept the truth or the proof we do have, which you did some what answer.

Thank you for answering. And thank you for hinting in your last statement that we may or may not be telling the truth.

[Texasyall 0]

Deportation and a lifetime ban are the worst case scenario. Yes there's time to fight the process. If your spouse entered with the intent to marry AND to circumvent US immigration law by staying to adjust status then he should definitely go home and go through the spouse visa process.

If he came here to visit and then while visiting, the two of you decided to get married and for him to stay and adjust status, he can STAY and adjust status legally. Please not the emphasis on "STAY" as indicated here and in the earlier thread.

Always tell the truth throughout the visa process. If you fail to tell the truth here, you'll get advice that matches your lie. If you've told us the truth, my advice is to get on with adjusting status.

Thank you for your answers. My husband did NOT enter the USA with intent of marriage. After reading all I could find on this forum and on the internet, after being told of horror stories of couples in a similar situation who never intended to get married when the foreign spouse visited on the visa waiver, and they had problems, and after a warning from a lawyer saying the same thing, I have seen comment after comment that immigration officers at time of interview have the discretion on whether to believe us for proving intent to immigrate or not, regardless of us telling the truth. There is no change in the truth of our story. But you cannot tell me that whether you are approved or not for the aos isn't going to rely to some degree (if not a great degree) on the immigration officer that you are assigned who reviews your case and interviews you. I have seen statements that say the burden of proof to show that my spouse didn't come here intentionally is his/our burden.

If we have proof that he traveled here without intent to marry, such as ties to his country, ie...his children, his apartment, his family, his obligations all of which he left behind, yet we interview with an officer who doesn't believe us, though we are telling the truth, I wanted to know what was the worst that could happen.

We are telling the truth, but from everything I have read, how this turns out is going to depend on who we get as an officer for the interview, and whether they doubt our story, and what proof we can provide that he didn't enter with immigration intent. Thus my reason for trying to find out what's the worst that can happen, such as is there an appeal process in case we do face an officer who doesn't accept the truth or the proof we do have, which you did some what answer.

Thank you for answering. And thank you for hinting in your last statement that we may or may not be telling the truth.

I'm sure you'll be ok...hopefully you'll get a nice IO that believes you...I'm in an even worse situation and I'm also applying for AOS...I had to come here 'cause my wife had some serious personal trauma,and everyday I pray that all this finishes soon...

Let me know how it goes...

God bless.

[Reba 2]

AFAIK, if you get married and stay to adjust status from a tourist visa/VWP and if the IO deems at the interview that there was intent upon entry to get married and stay, deportation proceedings will begin and there is NO APPEAL process. Plus, he can't leave the country until his green card has been granted, even if he were to get AP, its not recommended that he leave. Even for family emergency back home, or to tie up loose ends. And he won't be able to work for several months.

If you know that he did not enter with intent, and he can PROVE it (ie: he did not quit his job before he left, didn't sell all his stuff etc etc etc) then have him stay to adjust status.

If you're that worried that you can't prove that he didn't enter with intent, have him return to the UK and proceed with a K3 or CR1 petition(s).