I NEED HELP ASAP. The DHS is looking to process me but I am married to a citizen.

[scholozy 8]

I wish you luck, but being out of status for almost a year now and then getting married in an attempt to not get deported... that sounds like a mountain to climb. I'm sure its doable, but like others have said, you really shouldn't be here for advice, get your paperwork done and an immigration lawyer asap.

[MacUK 983]

Would there be trouble proving a bona fide marriage?

I'm trying to look at it from the point of view of those in charge.

Person is out of status and the men in suits are knocking on relatives doors and making phone calls.

All of a sudden (within days) the person is married and applying for AOS.

I'm not making any judgement or insinuations about the validity of the OPs situation but are they likely to face a LOT more scrutiny than someone who say just entered for a visit and got marries?

[Harpa Timsah 13,258]

Would there be trouble proving a bona fide marriage?

I'm trying to look at it from the point of view of those in charge.

Person is out of status and the men in suits are knocking on relatives doors and making phone calls.

All of a sudden (within days) the person is married and applying for AOS.

I'm not making any judgement or insinuations about the validity of the OPs situation but are they likely to face a LOT more scrutiny than someone who say just entered for a visit and got marries?

Yes.

[NancyNguyen 1,658]

Hey, so if I do not have a criminal record, and I do not yet have an existing warrant. Can I call the homeland security guy after I get married, and inform him of my plans. If so, will that help in any way?

You've got several things to take care:

1. You are hiding from ICE, knowing that they are looking for you, I believe it is not good at all. How do you know if there is a warrant for your arrest already?

2. When you file I-485, you need to answer a yes/no question that you have been deported/removed or you are in a deportation/ removal/ rescission proceedings. How do you answer that question without knowing your situation? I don't think the ICE officers would be nice enough to let you know what's up on phone. You can try but I have never seen a suspect calls police to ask if there is a warrant for him (sorry no offend!)

3. As I said, there are almost 1 million of F1 students in the States, and I believe you are not the only one who fails to maintain status, and this country doesn't have enough power to check on every out-of-status student. But ICE decides to check you out, there must be something going on. I've seen a case that F1 student goes to work, and falsely claims to be USC to get the job and ICE goes after him later. It is just an example, sometime you did it but you didn't it was wrong.

My sincere advice is that you find an immigration lawyer, who would contact ICE to find out what's up with your situation. Getting married and AOS is not really a wise solution right now.

Edited April 11, 2014 by NancyNguyen

[Harpa Timsah 13,258]

I do think they are going after student visa overstayers more now than in years past. So it is possible that he really didn't do anything and just got "found."

OP has not shared his country of origin nor the 2 year school program he was in so it is hard to give appropriate advice.

Edited April 11, 2014 by Harpa Timsah

[Avery Cates 1,141]

He should call the ICE agent back and arrange a meeting to explain his position about why he willfully chose to violate his visa.

They're an understanding lot and should sympathize with his situation.

[Ben10 2]

He should call the ICE agent back and arrange a meeting to explain his position about why he willfully chose to violate his visa.

They're an understanding lot and should sympathize with his situation.

so funny...lol

They will sympathize after he is put back into a plane heading to his hometown. Period.

Edited April 11, 2014 by Ben10

[Al422 221]

May I suggest you consult with an immigration attorney. This sounds like an area where there is no room for trial and error; You don't necessarily have to pay him for legal work; just speak with him so you know what your rights are and what his recommendation is to get out of the pickle you are in now.

[Avery Cates 1,141]

If they're looking and have his family's address and his cell phone number, they're probably going to find him soon.

Better that he goes to them.

[Converts 9]

I have been out of status since last june. I really appreciate your help people thank you. I will think wisely on my choice. Im just worried because it seemed these people were on a mission to get me, which means sympathy is out of the question. I just read that I cannot be arrested for being illegal, I can be detained however, nonetheless its not a fact so I am not sure. All I want to do is stay safe, because I have started alot over here, and I was doing well until this issue swept me off my feet. I am 21, so situations like this are a little overwhelming so please understand why I do not know what choice to make.

You've been out of status since June. So, that means you don't go to school anymore, right? And you said you've started a lot here and is/was doing so well until DHS came knocking on your door. Are you working since you're out of status? That might be the reason why they're looking for you. Sorry, didn't want to assume things, just trying to understand about your situation more.

Edited April 11, 2014 by Converts

[LDYBelle 0]

Student visas are much more scrutinized these days, I'm really not surprised especially if you are from a MENA country.

If your relationship is 100% authentic go ahead and retain a lawyer (this is a must!), contact DHS and plan on dropping a ton of cash. If you are not 100% in love with your future spouse, prevent her the headache that she is about to go through.

It seems like both of you are fairly young and financially unstable, unfortunately it is expensive to do it "the right" way and it is even more expensive to do it once your visa has expired. If this relationship is worth it to her, I recommend she take out loans, etc. to cover the costs you are about to incur. The good thing is you have a willing sponsor and being out of status is the only thing that would be an issue during your adjustment of status.

DHS might place you in removal proceedings--as long as you have no other crimes, you should be able to adjust your status through the immigration court if your case ends up there (expensive and long process) or if you're lucky, you will avoid court and file a waiver for being out of status along with your adjustment of status (less expensive and shorter process, but still plan on spending a few thousand dollars) form while still in the US. The last option I can think of is that the government tells you to voluntarily depart the country (not everyone gets this options, especially if you have other crimes) and you file for your visa out of the country. If you are allowed to stay in the country for a few months you can file a waiver stateside, go to your country of origin with the waiver approved, and get your visa outside of the US (also expensive and it takes 1-2 years to get your waiver approved and your interview scheduled).

As long as you two have a lot of proof of your relationship, it shouldn't be a problem. Your I-130 interview might be more intense, but if the relationship is real then that's all that matters.

GOOD LUCK!

In your situtation, because you came in with an F1 visa your only fault was being out of status, I think you should be fine one way or another--just do not involve yourself in more unsavory situations. Just prepare to file A LOT of paperwork and spend thousands of dollars. It may be a long road (five or more years through the immigration court), so make sure your relationship is stable and you have access to money. I cannot stress how expensive it is and the importance of a lawyer.

[pepper44 18]

If they have your number and your girlfriends number they are going to find you one way or another. Best thing to do is call the ICE officer tell him you are married to a US citizen (advice suggesting illegal activity removed). Also tell him that you recently filed the 130 and other documents and are waiting for the confirmation to show him if needed. See what he says. (Advice supporting illegal activity removed)

Get a feel for the officer see what they say (advice supporting illegal activity removed)... can't hurt to try but ICE officers are usually not understanding for illegals in the country.

They hire a special kind of breed for these type of jobs! Good luck (Advice supporting illegal activity removed). Oh and if you do have a job or your girlfriend.. they will find you.. better call them first

(The above post has been edited to remove several statements that condone or suggest illegal activity - a TOS violation. -VJ Moderation Team)

Edited April 12, 2014 by Kathryn41
to remove TOS violations

[LDYBelle 0]

so funny...lol

They will sympathize after he is put back into a plane heading to his hometown. Period.

Yeah, they're not really a sympathetic bunch since they've had to deal with some real scumbags. However, if the poster is now married to a US citizen it isn't that easy for ICE/DHS to ship him off

They're not going to make it easy for him, but he has a good shot.

[MacUK 983]

You're advising he lies to officials? That'll go down well!

Edited April 12, 2014 by Kathryn41
to remove quoted TOS violation

[pepper44 18]

You're advising he lies to officials? That'll go down well!

No I didn't advise him to lie.. he said he was going to file this weekend so if he calls them after he put's it in the mail then he is not lying. Now is he..