Fiancee has been captured by police and being deported

[ducks 7]

I will try to keep this to the facts, and apologies if this is the wrong place. I am going crazy and not thinking too good. Anyways a few days ago my fiancee was stopped by the police for running a red light. Stupid I know but we just moved here and don't really know the roads too well yet. Its a bad place for a red light it just comes right up on you and you barely even have time to think let alone stop. I see people blow through this light all the time and they never get stopped. And my truck is big so it needs a lot of room to stop anyways.

 

Anyways they found out she is Canadian and overstayed her VISA because she has been living with me here in the states because of COVID. We were planning to get married we just didn't pull the trigger yet and now we realize we should have just done it and everything would be aok. Anyways they turned her over to immigration and they are processing her for deportation. They won't let me see her and are being real jerks about it but I have talked on the phone with her a few times and we are getting a lawyer.

 

My question to you is that do you think we can get married while she is being held so we can just keep her in the USA? Or if they won't let me in maybe we could get married over Zoom? She said they are letting some people use Zoom but most people have to use the phone but maybe we could get the lawyer to get that set up. We are both so heart broken right now. We are in love and want to spend our future together but it looks like we might lose our shot at true happiness. It's all just so unfair because of a stupid stop light that shouldn't even be there in the first place. I thought maybe someone might have a similar experience or have knowledge if it's possible to marry her while she is being detained. It seems like that would solve the problem and bonus, the USA would get a new tax payer. She is the love of my life and I am not getting any younger. I can't even imagine not being with her, we're like two souls together. Any ideas or tips would be helpful.

[Ontarkie 14,218]

~~MOved to General Immigration Discussion, from K1 P&P - as the OP is asking about marrying and adjusting while being held for deportation.~~

[aaron2020 11,651]

You need a good immigration lawyer.

Marriage will not stop the deportation.  

[ducks 7]

6 minutes ago, aaron2020 said:

You need a good immigration lawyer.

Marriage will not stop the deportation.  

Yes we are lawyering up. I have heard that marriage can stop it though. They're just making it really hard to even be in the same room. This sucks though because I'm not exactly rolling in money so I don't know how we will pay for one.

[mushroomspore 3,044]

3 minutes ago, ducks said:

Yes we are lawyering up. I have heard that marriage can stop it though. They're just making it really hard to even be in the same room. This sucks though because I'm not exactly rolling in money so I don't know how we will pay for one.

Nope, marriage by itself to a US citizen does not automatically provide any immigration benefits whatsoever. The fact is that she was here illegally. She became deportable the second ber overstay started. She could have filed for an extension to buy a little time or married you and filed the green card papers or gone back to Canada and just deal with the separation time like many people had to. It is what it is though. Consult a lawyer ASAP. If this path doesn't pan out, then your only choice is to move to Canada to be with her.

Edited June 2, 2021 by mushroomspore

[Crazy Cat 41,836]

2 minutes ago, ducks said:

I have heard that marriage can stop it though.

Marriage, in itself, confers no immigration rights.  You need an immigration attorney. 

[ducks 7]

4 minutes ago, mushroomspore said:

Nope, marriage by itself to a US citizen does not automatically provide any immigration benefits whatsoever. The fact is that she was here illegally. She became deportable the second ber overstay started. She could have filed for an extension to buy a little time or married you and filed the green card papers or gone back to Canada and just deal with the separation time like many people had to. It is what it is though. Consult a lawyer ASAP.

Yeah I know it doesn't give her special treatment but my gut tells me it will give us an edge. Also it can't hurt right? Anyways I know we should have gotten married anyway and we were even thinking about doing it this summer like in July, we even had a place picked out, a nice lake with a small gathering of people, mostly my friends and my family because it's still hard for her family to travel, and when we finally didn't have to wear masks. All because of a stupid stop light. I'm a big grown man, but all of this just makes me want to cry.

7 minutes ago, Lucky Cat said:

Marriage, in itself, confers no immigration rights.  You need an immigration attorney. 

We are getting an attorney yes but I am also trying to think of what to do before that. I just have to figure out how to pay for one.

[igoyougoduke 1,656]

14 minutes ago, ducks said:

Yeah I know it doesn't give her special treatment but my gut tells me it will give us an edge. Also it can't hurt right? Anyways I know we should have gotten married anyway and we were even thinking about doing it this summer like in July, we even had a place picked out, a nice lake with a small gathering of people, mostly my friends and my family because it's still hard for her family to travel, and when we finally didn't have to wear masks. All because of a stupid stop light. I'm a big grown man, but all of this just makes me want to cry.

We are getting an attorney yes but I am also trying to think of what to do before that. I just have to figure out how to pay for one.

there is nothing you can do now. what is done is done.  you need to figure out what needs to be done next  for the future 

[ducks 7]

1 minute ago, igoyougoduke said:

there is nothing you can do now. what is done is done.  you need to figure out what needs to be done next  for the future 

I know what you mean. But I'm a man of action, I can't just sit down and accept it. There is no way I could ever just throw up my hands and say welp, on to the next woman. And I know she feels that way too. I know if she would ever be in my situation, she would try everything possible. I know that some people can just say ok we'll never be together so nice knowing you but that's not us. There has to be some way to keep her here because I know enough that if they send her back to Canada they will never let her back in. Like imagine if your fiancee was just sent back to Russia and you could never be together again. You would do anything to stop that. I feel like if we could just get married even on a Zoom call, that would give us an edge.

[Crazy Cat 41,836]

31 minutes ago, ducks said:

There has to be some way to keep her here because I know enough that if they send her back to Canada they will never let her back in.

This is not true.  Ask your attorney about a  spousal visa and a waiver if she is sent back to Canada.  How long has she overstayed?

@Boiler might have some thoughts to share about this.

Edited June 2, 2021 by Lucky Cat

[ducks 7]

7 minutes ago, Lucky Cat said:

This is not true.  Ask your attorney about a  spousal visa and a waiver if she is sent back to Canada.  How long has she overstayed?

@Boiler might have some thoughts to share about this.

It has been about 2 years. I wish I had an attorney to ask but I am still trying to figure out how to pay. I might have to sell my farm.

[Crazy Cat 41,836]

2 minutes ago, ducks said:

It has been about 2 years.

Then she will possibly be subject to a 10 year ban......but like I said, there is the possibility of a waiver. You might find useful information in the VJ forum for waivers:

https://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

[ducks 7]

2 minutes ago, Lucky Cat said:

Then she will possibly be subject to a 10 year ban......but like I said, there is the possibility of a waiver. You might find useful information in the VJ forum for waivers:

https://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/

That can't heppen. If I can find some way to marry her I feel like they wouldn't keep a married couple apart for 10 years. Thank you for the link I will check it out.

[SalishSea 17,819]

Unfortunate choices were made.   You might have to petition her for a visa and wait your turn, just like the rest of us.

 

Funny how the party line on VJ is that overstay is without consequences.   Until it isn’t.

2 minutes ago, ducks said:

That can't heppen. If I can find some way to marry her I feel like they wouldn't keep a married couple apart for 10 years. Thank you for the link I will check it out.

You ‘feel’ like that, and yet US immigration law clearly says otherwise.

[Crazy Cat 41,836]

3 minutes ago, ducks said:

If I can find some way to marry her I feel like they wouldn't keep a married couple apart for 10 years.

A person who has been banned from the US for 10 years can not renter the US until either the ban has expired or he/she obtains a waiver approval.  Marriage, in itself, does not confer any immigration rights.

Edited June 2, 2021 by Lucky Cat