Master Hearing when overstaying a tourist visa(merged)

[Orangatang 6]

14 hours ago, Going through said:

Did you retain a lawyer as was suggested in previous threads?

 

There's no AOS for a fiancee---first step before any AOS paperwork filing would be legal marriage.

 

Keep in mind any marriage during removal proceedings may be looked upon as for immigration benefits only---might be a bit uphill battle to climb later on depending on evidence.

I am currently working on it. 

 

She is in removal proceeding but no decision has been made yet. That will be made on Jan 8th. 

 

Yes I get that. Yea its not going to be easy but I think we can do it. I just need to know what I should request in court or what the lawyer would request. 

 

 

On 12/3/2019 at 8:42 AM, USS_Voyager said:

A lawyer. Y'all are not going to court alone, are you?

I was planning on it but now for sure after everyones idea with it.

Edited December 10, 2019 by Orangatang

[Orangatang 6]

On 12/3/2019 at 8:52 AM, Going through said:

Second the suggestion of a lawyer.

 

Marriages that happen while the (potential) beneficiary is in removal proceedings can tend to be presumed as one for immigration benefits only. 

You definitely will want to retain a rather good lawyer with experience in hearings.

Will do!

[Orangatang 6]

On 12/5/2019 at 6:35 PM, azblk said:

 I am not fond of lawyers but the statistics are stacked against you. 89% of the people in removal without a lawyer get deported vs only 20% of the people with a lawyer. Get a lawyer even if it means eating once a day. Going up against an ICE attorney by yourself is suicidal.

Where did you get that stat @azblk?

[Orangatang 6]

14 hours ago, CDN(ON)-USA(VT) said:

May I ask how you are going to AOS when she has no conceivable way to AOS? Fiance(e)s cannot AOS unless they are on a K-1 visa. As well now that she has overstayed her visa and has no way of doing AOS she will probably get a 10 year ban for her overstay. In my opinion, y'all should have applied for the K-1 visa in December 2017 if you relationship was that serious. She would probably have been back to her country, back to the US and been close to getting a green card (GC). Now you are going before an Immigration Judge (IJ) without any way to AOS. In my opinion, IJ will probably deport her and then you guys either have to wait 10 years and apply again or have to get a waiver. This is going to be a lengthy process for you guys if she can immigrate in the future.

AOS would take place after we marry. Currently we both fall under all legal laws. She entered legally, both unmarried, and she has gone to all court dates thus far. She is in removal preceding but no decision has been made. We will be married before the court date. My question is do I need to retain a lawyer prior to filing for the USCIS paper work for a marriage/green card or do I retain a lawyer first? 

 

I didn't meet her until 2019 LMAO. I highly doubt she will get deported. Since we are completely legal besides her over staying. She is from Venezuela so that even helps our case more.    

[ADW & JOP 146]

30 minutes ago, Orangatang said:

AOS would take place after we marry. Currently we both fall under all legal laws. She entered legally, both unmarried, and she has gone to all court dates thus far. She is in removal preceding but no decision has been made. We will be married before the court date. My question is do I need to retain a lawyer prior to filing for the USCIS paper work for a marriage/green card or do I retain a lawyer first? 

 

I didn't meet her until 2019 LMAO. I highly doubt she will get deported. Since we are completely legal besides her over staying. She is from Venezuela so that even helps our case more.    

Are you, yourself, a US citizen?

[Orangatang 6]

1 minute ago, ADW & JOP said:

Are you, yourself, a US citizen?

Yes & I work for the United States Government. 

[Villanelle 4,122]

On 12/3/2019 at 8:13 AM, Orangatang said:

Hello all,

 

I am marrying my Fiance in the next week or two. She is from Venezuela and has overstayed her tourist visa (2 years now). She has her master hearing (final hearing) scheduled for Jan 8th, 2020. (We have already been to one hearing and she received a new court date in order to find a lawyer). We deiced the best route is marriage for us. 

 

I am going to bring the marriage certificate as well as proof of receipt of the appropriate USCIS documents.  Is there anything else I need?

Do NOT try this on your own! 

You realize you posted here "We decided the best route is marriage for us" as a solution to her court issue. Presenting it that way in court is a huge mistake. You can not marry to avoid deportation. As explained there is a presumption you are only marrying for the immigration benefits and saying something like that just supports that. 

 

Court issues are rarely discussed on VJ as they are not DIY. It is always recommended to get an attny... From my understanding when someone is in removal they still file the AOS packet with USCIS however the Judge needs to first approve them to move forward and then also adjudicates the AOS. It will most likely be more then one court date. Again while VJ can not help you with the specifics of the court process it can provide advice on your AOS packet and evidence in general. 

 

 

[azblk 338]

3 hours ago, Orangatang said:

Where did you get that stat @azblk?

There is an immigration attorney show on youtube Spar and berstien. They tackled this topic on one of the episodes

[azblk 338]

3 hours ago, Orangatang said:

AOS would take place after we marry. Currently we both fall under all legal laws. She entered legally, both unmarried, and she has gone to all court dates thus far. She is in removal preceding but no decision has been made. We will be married before the court date. My question is do I need to retain a lawyer prior to filing for the USCIS paper work for a marriage/green card or do I retain a lawyer first? 

 

I didn't meet her until 2019 LMAO. I highly doubt she will get deported. Since we are completely legal besides her over staying. She is from Venezuela so that even helps our case more.    

Honestly you are out of your depth on this one. Overstaying a visa is a deport-able offense and more than half of the deportations are from overstaying.  Now that she is in deportation you can not file AOS until allowed by a judge.

1. Marry the woman.

2. File i-130/i-130A immediately.

3. GET a lawyer ASAP for her master hearing in January.

[azblk 338]

1 hour ago, Villanelle said:

 

... From my understanding when someone is in removal they still file the AOS packet with USCIS however the Judge needs to first approve them to move forward and then also adjudicates the AOS. It will most likely be more then one court date. Again while VJ can not help you with the specifics of the court process it can provide advice on your AOS packet and evidence in general. 

 

 

They can not file i-485 but they can file i-130. A judge has to give permission for them to file i-485

[Going through 5,671]

5 hours ago, Orangatang said:

AOS would take place after we marry. Currently we both fall under all legal laws. She entered legally, both unmarried, and she has gone to all court dates thus far. She is in removal preceding but no decision has been made. We will be married before the court date. My question is do I need to retain a lawyer prior to filing for the USCIS paper work for a marriage/green card or do I retain a lawyer first? 

 

I didn't meet her until 2019 LMAO. I highly doubt she will get deported. Since we are completely legal besides her over staying. She is from Venezuela so that even helps our case more.    

Not sure how being from Venezuela helps unless she's seeking asylum, and not a marriage based petition.  Can't be both at the same time.  

 

Overstaying is a deportable offense.  Likewise, spouses of USCs have been deported too.  Bonafide marriage can help, but it's not a fail-safe to the judge ruling against her.

 

Meeting in 2019 (presumably starting the relationship after the NTA since her first court appearance) can be used against you by the government attorney.

 

The instinct in me is to wonder if she brought up/is pushing the idea of marriage in the first place to try to prevent deportation---however, you've yet to mention any thought of whether she's only trying to use you for a greencard or not.  Do keep us updated on what happens---this thread is a good educational tool for others who may find themselves in her same situation.

Edited December 10, 2019 by Going through

[Orangatang 6]

13 hours ago, Going through said:

Not sure how being from Venezuela helps unless she's seeking asylum, and not a marriage based petition.  Can't be both at the same time.  

 

Overstaying is a deportable offense.  Likewise, spouses of USCs have been deported too.  Bonafide marriage can help, but it's not a fail-safe to the judge ruling against her.

 

Meeting in 2019 (presumably starting the relationship after the NTA since her first court appearance) can be used against you by the government attorney.

 

The instinct in me is to wonder if she brought up/is pushing the idea of marriage in the first place to try to prevent deportation---however, you've yet to mention any thought of whether she's only trying to use you for a greencard or not.  Do keep us updated on what happens---this thread is a good educational tool for others who may find themselves in her same situation.

I will keep this updated. I have retained a lawyer for $1,500 for the entire case. The lawyer has lots of experience in immigration and graduated law school over 20 years ago.

 

We are getting married in December and no don't worry it was completely my idea. She has never been married before & her sister also lives in FL legally on Asylum. She is a very genuine person and has family in Canada, Colombia, Venezuela, and Florida. When ####### hits the fan in your home country you go where you can. We are in love and have been together for over 9 months. The day I met her I knew she was the one. So instead of dragging it on for years Ill just do it before one year. We have been together every single day since Feb/March 2019 and moved in together this past summer. I met her on my morning jog while she was walking the dogs. We have all texts and photos for proof if needed in the interview.

 

I truly believe this will be a straight forward case and so does the lawyer we retained. This is going to be without a doubt a more common scenario on this thread. I will keep you all updated. For now all is well in my world and this case should be very straight forward. 

 

We are filing the I-130 and getting married prior to the court date. Our lawyer instructed us to file the I-130 with a piece of paper that will be typed saying Request of Exemption with an explanation below prior to the hearing. This will ensure that the I-130 is held up in court and that the filing was on time. There will be more to come and I can include a copy of what that will look like. 

Edited December 11, 2019 by Orangatang

[Orangatang 6]

16 hours ago, azblk said:

Honestly you are out of your depth on this one. Overstaying a visa is a deport-able offense and more than half of the deportations are from overstaying.  Now that she is in deportation you can not file AOS until allowed by a judge.

1. Marry the woman.

2. File i-130/i-130A immediately.

3. GET a lawyer ASAP for her master hearing in January.

1. Soon to be done.

2. Soon to be done.

3. Done. 

 

Thanks!

16 hours ago, azblk said:

There is an immigration attorney show on youtube Spar and berstien. They tackled this topic on one of the episodes

Very cool. I will have to check it out. 

[Orangatang 6]

17 hours ago, Villanelle said:

Do NOT try this on your own! 

You realize you posted here "We decided the best route is marriage for us" as a solution to her court issue. Presenting it that way in court is a huge mistake. You can not marry to avoid deportation. As explained there is a presumption you are only marrying for the immigration benefits and saying something like that just supports that. 

 

Court issues are rarely discussed on VJ as they are not DIY. It is always recommended to get an attny... From my understanding when someone is in removal they still file the AOS packet with USCIS however the Judge needs to first approve them to move forward and then also adjudicates the AOS. It will most likely be more then one court date. Again while VJ can not help you with the specifics of the court process it can provide advice on your AOS packet and evidence in general. 

 

 

Totally understand where you are coming from. I am filing the I-130 with an request for exemption letter wavier request (as directed by my immigration lawyer). Well she has two routes right? Asylum & marriage. Not going to take a chance with a woman that I love. We will be getting married hence... it is the best option of the two that we have. Hope that clears it up for you

[Orangatang 6]

17 hours ago, Villanelle said:

Do NOT try this on your own! 

You realize you posted here "We decided the best route is marriage for us" as a solution to her court issue. Presenting it that way in court is a huge mistake. You can not marry to avoid deportation. As explained there is a presumption you are only marrying for the immigration benefits and saying something like that just supports that. 

 

Court issues are rarely discussed on VJ as they are not DIY. It is always recommended to get an attny... From my understanding when someone is in removal they still file the AOS packet with USCIS however the Judge needs to first approve them to move forward and then also adjudicates the AOS. It will most likely be more then one court date. Again while VJ can not help you with the specifics of the court process it can provide advice on your AOS packet and evidence in general. 

 

 

Yes I retained an attorney yesterday so now worries on the own part!