Master Hearing when overstaying a tourist visa(merged)

[Orangatang 6]

UPDATE: 

 

We had our court date and everything went super smoothly. We have a continued court hearing in July 2020. This courtdate will most likely get pushed and only be in communication with writing between the lawyer and I.

 

The $1,500 investment in a lawyer was worth it. It just makes the entire process more straight forward. My wife got her Authorization to work through her Asylum application.

 

Once the I-130 & I-130A gets approved we will file for I-485. The lawyer said we can wait until then to file because we must wait for I-130/I-130A is approved first.

 

She was in removal preceding's during this court hearing in Jan 2020. The lawyer admitted to her 4 reasons on the notice to appear and than handed the I-130 application receipt to the judge. It took all of 5 mins while waiting 2 hours for the judge to start the court and get through other cases. 

 

I e-filed which made it so simple. I got my IOE number that same night I filed.

 

PLEASE DO NOT FORGET TO FILE FOR EXEMPTION: You need to state these laws in your example to become exempt from a non legal marriage during removal precedings in a pdf and attach it online or mail it in. You will be DENIED if you do not send this in with an explanation to your legitimate relationship/marriage and how you met. 

 

This must be in your explaination or your I-130 / I-130 A will not be approved. Laws have recently changed.

It has been explained to me that pursuant to §204 (g) of the Immigration and Nationality Act (INA) and Title 8 Code of Federal Regulation (CFR) §204.2 (a) (iii) the petition I filed on behalf of my spouse cannot be approved because the marriage on which the petition is based occurred after November 10, 1986 and while my spouse was in exclusion, deportation, or removal proceedings, or judicial proceedings.

 

§204.2(a)(iii) Marriage during proceedings – general probation against approval of visa petition. A visa petition filed on behalf of an alien by a United States citizen or a lawful permanent resident spouse shall not be approved if the marriage creating the relationship occurred on or after November 10, 1986 and while the alien was in exclusion, deportation, or removal proceedings or judicial proceedings relation thereto.  Determination of commencement and termination of proceedings and exemptions shall be in accordance with § 245.1(c)(9) of this chapter, except that the burden in visa petition proceedings to establish eligibility for the exemption in § 245.1(c)(9)(iii)(F) of this chapter shall rest with the petitioner.

 

(A) Request for exemption.  Not application or fee is required to request an exemption.  The request must be made in writing and submitted with the Form I-130.  The request must state the reason for seeking the exemption and must be supported by documentary evidence establishing eligibility for the exemption.

 

In accordance with Title 8 CFR §204.2 (a)(iii)(A) I am hereby requesting an exemption to the approval bar for the following reason(s):

EXPLAINATION...

 

 

I further understand that I must provide clear and convincing evidence that the marriage is bona fide.  I must submit documents which establish that the marriage was entered into in good faith and not entered into for the purpose of procuring the alien’s entry as an immigrant.

 

Signature and date (Does not need to be notarized per attorney)

 

I hope this helps many people to come. Thank you for listening and reading.

 

[Going through 5,671]

Very happy you decided in the end to retain a lawyer rather than face it on your own.

 

Hope the i-130 gets approved.

[Orangatang 6]

3 hours ago, Going through said:

Very happy you decided in the end to retain a lawyer rather than face it on your own.

 

Hope the i-130 gets approved.

Thank you. Me as well. I am sure it will. There may be some back and forth but all of it will be solved online since I e-filed. Should be straight forward. I made a check list and checked it twice. 

 

I will keep everyone updated for knowledge sake. 

[Orangatang 6]

UPDATE:

 

Our I-130 and I-130A were approved August 4th, 2020!! 7 months after filing December 31st, 2019. No interview due to COVID-19.

 

We will be filing a I-485 next with other supporting docs (such as work authorization under I-485, etc). I will be filing it in the mail by myself (signature delivery - with UPS). We will request a FINAL hearing instead of a MASTER hearing. 

 

The judge at the final hearing will decide our fate. I may decide to retain my lawyer for the final hearing at the cost of $1,600.

 

Thank you for all the help as this process can be confusing and highly expensive if you do not know what you are doing. 

 

I hope this helps someone that comes along and finds this post that was or is in the same situation as me. God Bless America.

[FattieBanton 35]

wow, what a story!

[portorusa 431]

Thanks for keeping us updated. Not too many people do that. Your story will help others in similar situation for sure.

I wish you both good luck in your immigration adventure!