In removal proceedings trying to adjust status

[mase85 0]

Hey everyone! just registered here today. I came to the US as a student in 2007. i went to school for a year then dropped out becuz of finances. I then reinstated after a year. After another year i dropped out again for the same reason. At the time i had been working illegally but paying taxes. I was picked up by ICE in November 2010 and luckily released without paying any bond or nothing. I got married to a 40 year old woman( i'm 26) on March 21st this year, we are in love and have a lot in common. I already had my master hearing on the same day i got married. The judge gave me time to get married and go back to court on May 9th after filing an I-130 petition. Due to time i wasnt able to get documents on time, but now i have them and my lawyer will submit the application next week. What i'm worried about is will the USCIS officers visit us at our residence before approving the I-130? Our living arrangements are not exactly convincing at this time because we are subleasing my sister in law's house but there is no peace with her and i dont spend much time there. we are looking for an apartment and moving as soon as we get some money. And can i apply for work authorization at the same time. And i have no felony, just one DUI in 2009 and some traffic tickets. Please advice. thanks

[Deputy Purple 1,294]

Since you were already in removal proceedings when you got married & the I-130 was filed USCIS will automatically assume that your marriage is fraudulent and for immigration purposes. The bar of evidence you will need to meet is going to be higher than a case without your problem.

You should be asking your lawyer these questions, that's what they're for.

[Penguin_ie 5,997]

Due to the circumstances under which you applied for AOS, a home visit is possible; they may also contact family and neighbours etc to ask about you two as a couple. What is extremely likely is that you will be given a Stokes Interview, where both of you are interviewed separately at length, and then answers compared.

[mase85 0]

thanks guys for your responses. As per our lawyer we have collected as much evidence as possible, pictures affidavits from family and friends, accounts together, life insurance, lease and such. Will they at least approve my i-130? what are my chances with the petition?

[mase85 0]

At what point does the USCIS decide to visit a couples' home to see if they live together?

[Penguin_ie 5,997]

They can visit anytime, either before or after your interview.

There is no way of knowing what your chances are. I would say less than 50%, as you have several red flags.

[Krikit 1,165]

Moving from Family-Based AOS Process to AOS From Other Visas.