Fresh out of Detention Center

[jesserose85 0]

Hello everybody,

I've been through a bit of an ordeal in the past month or so, and I thought I'd share my story and also gather whatever advice I could.

I'm an Australian citizen who came to the US on a B1/B2 visa in 2007. I lived in Colorado where I began snowboarding and hence overstayed my visa. I also met my now wife out there, and have since moved to upstate New York where we are at present. We were married in July of this year, but me, being the uninformed person that I am thought that having an expired visa would be o.k seeing that we were married.

Last month when I was getting on a bus to go to NYC I was stopped by border patrol and after failing to produce a valid visa they called my name into their office and in front of my United States citizen wife, proceeded to apprehend me. They told me not to worry, as I would surely see a judge either that day or the following day, where I would probably be cleared to stay in the US due to me being married to a USC.

1 Jail, 1 Federal Detention Facility, $25,000 and 16 days later I was released on bail from the Buffalo federal detention facility until my court date in January. My crime was not filing the I-130 upon being married...

So now we are in the process of doing all of our paperwork, trying to get the wheels in motion to give us the best chance come the court date. Because technically, I am in removal proceedings. We have almost completed the paperwork, which to my knowledge is the following...

I-130, with a G-325 for both myself and my wife.

I-485

I-864

I-765

My major concern right now is that my medical exam, which is scheduled for wednesday will take a long time to come back, the doctors office which I am going to have perform this is telling me that it will more than likely take at least two weeks before I receive the documents which I need to include with my application.

I was wondering, (maybe someone could help me out here) if I can just send in part of my application, or is it best to wait and send everything together?

Thanks for any advice..

J.Rose

[Dakine 26]

Find a USCIS designated civil surgeon who can do it faster or go ahead and submit everything else without the medical.

You may get a RFE for the lack of the medical and send it in then or take it to your interview.

[TayRivers 4]

Moved to Adjustment of Status from Work, Student, & Tourist Visas. As OP is already in the USA and is filing for AOS.

Tay

Visa Journey Moderation Team

[Krikit 1,164]

Sorry if you've done your research and these questions sound basic to you. Just trying to get a feel for where you're at and your knowledge of the process.

Did you consult with a lawyer?

Is your medical appointment with a civil surgeon? Civil Surgeon Locator

Did you read up on:

Removal Process

Forms of Relief From Removal

Right to Notice

Here are a couple of threads started by a member who was under somewhat similar circumstances. You may want to read those too:

New Here and in Trouble

Interview Experience and What Happens Next

Good luck with everything.

[Krikit 1,164]

Oh. I forgot to add that you can certainly send in the application to get things started, like Dakine says. They will either send you a Request for Evidence (RFE) for the medical or will require you to bring it to the interview.

[Brother Hesekiel 2,236]

Welcome to America.

I agree, get your AOS out ASAP. Forget the Medical for now. What you'll get is an NOA and an RFE, but the NOA should be enough for the judge to put your deportation case on hold until the AOS is decided upon. If not, he's (yeah . . . I know there are female judges!) . . . going to send to home to the Outbacks and you'd have to start over from there. Not fun, although the weather is much nicer there right now than in N.Y.C.

[jesserose85 0]

Yes I've done my reading, and I spoke to lawyers when I was detained. I think we are going to go ahead with our application solo, as most lawyers I have spoke to since being released are charging an arm and a leg.

To answer your other question, yes I have my medical exam booked with a civil surgeon, and I have already called the other civil surgeons within driving distance to find the best possible service and price.

My wife and I don't have a whole lot evidence to prove our marriage is bonafide either, simply due to us being so young, we have opened a joint bank account, and have affidavits of support from her parents, and I was wondering if anybody knows other things we could use, seeing that we don't have children, or joint property or a joint lease.

Thanks

[meowmeowmeow 1]

Yes I've done my reading, and I spoke to lawyers when I was detained. I think we are going to go ahead with our application solo, as most lawyers I have spoke to since being released are charging an arm and a leg.

To answer your other question, yes I have my medical exam booked with a civil surgeon, and I have already called the other civil surgeons within driving distance to find the best possible service and price.

My wife and I don't have a whole lot evidence to prove our marriage is bonafide either, simply due to us being so young, we have opened a joint bank account, and have affidavits of support from her parents, and I was wondering if anybody knows other things we could use, seeing that we don't have children, or joint property or a joint lease.

Thanks

but you have pictures of you guys together and with other people, affidavits, emails, etc etc, right? that will help, hopefully. if not, take a lot now.

[justashooter 430]

I'm an Australian citizen who came to the US on a B1/B2 visa in 2007. I lived in Colorado where I began snowboarding and hence overstayed my visa.

the snowboard held you hostage?

[C0881 2]

"as most lawyers I have spoke to since being released are charging an arm and a leg." <--- from OP

Private practice lawyers are really expensive. You might want to consider hiring one from a non-profit organization. They might charge cheaper...Here are a few in New York:

International Institute of Buffalo

http://www.iibuff.org/

864 Delaware Avenue • Buffalo, New York 14209

iib@iibuff.org • (716) 883-1900

Immigration Advocacy Services, Inc The original and only non-profit immigration outreach center

http://www.immigrationadvocacy.com/

24–40 Steinway Street • Astoria, NY 11103

Phone: 718-956-8218 • Alternate: 718-956-6800

Fax: 718-274-1615

Monday–Thursday 9:00 a.m.–4:30 p.m. • Friday 9:00 a.m.–1:00 p.m.

I REALLY think you need a competent lawyer to help you with this case. Wish you good luck!

[LaL 418]

Welcome to America.

I agree, get your AOS out ASAP. Forget the Medical for now. What you'll get is an NOA and an RFE, but the NOA should be enough for the judge to put your deportation case on hold until the AOS is decided upon. If not, he's (yeah . . . I know there are female judges!) . . . going to send to home to the Outbacks and you'd have to start over from there. Not fun, although the weather is much nicer there right now than in N.Y.C.

The medical is a requirement of filing for AOS. These suggestions to get the RFE for it later are just ridiculous.

[Brother Hesekiel 2,236]

The medical is a requirement of filing for AOS. These suggestions to get the RFE for it later are just ridiculous.

I'm sorry that you apparently have been unable to comprehend the underlying advantage of a filing For AOS with the following trigger of an RFE over a deportation to a country thousands of miles away.

Well . . . nothing we can do about it. Blissful Thanksgiving to you anyway.

[Minya's wife 24]

Yes I've done my reading, and I spoke to lawyers when I was detained. I think we are going to go ahead with our application solo, as most lawyers I have spoke to since being released are charging an arm and a leg.

To answer your other question, yes I have my medical exam booked with a civil surgeon, and I have already called the other civil surgeons within driving distance to find the best possible service and price.

My wife and I don't have a whole lot evidence to prove our marriage is bonafide either, simply due to us being so young, we have opened a joint bank account, and have affidavits of support from her parents, and I was wondering if anybody knows other things we could use, seeing that we don't have children, or joint property or a joint lease.

Thanks

Where are you currently living? Could you possibly be added as 'resident' to the lease your wife currently holds? Of you live with parents, they could perhaps write out a lease agreement, in both your names and have it signed and notarized. Getting added to your wife's credit cards as an authorized user can also help. Basically you are looking to prove that you are 'merging your lives' as married couples may do. Health insurance in both your names....if your wife has insurance through her work she can perhaps add you to her insurance. Gym memberships in both your names...again, anything that has both your names on it...and showing the same address. If she chooses, your wife can also initiate a name change procedure and take your last name, which then could be supporting documentation of bona-fides.

[Minya's wife 24]

The medical is a requirement of filing for AOS. These suggestions to get the RFE for it later are just ridiculous.

I'm sorry that you apparently have been unable to comprehend the underlying advantage of a filing For AOS with the following trigger of an RFE over a deportation to a country thousands of miles away.

Well . . . nothing we can do about it. Blissful Thanksgiving to you anyway.

Sorry that you apparently are unable to comprehend what a requirement to filing AOS means. It is not a given that an RFE would be issued if an AOS petition is received without the required medical exam. The filing requirements are such that they must be met in order to be eligible to file...not having met those requirements could also garner an outright refusal to process said AOS...and in this case that deportation would still be looming.

While anecdotal evidence suggests that filing AoS without the required medical exam would garner an RFE, it is not a given....and should not be assumed to be so.

Happy Thanksgiving to you too.

[LaL 418]

The medical is a requirement of filing for AOS. These suggestions to get the RFE for it later are just ridiculous.

I'm sorry that you apparently have been unable to comprehend the underlying advantage of a filing For AOS with the following trigger of an RFE over a deportation to a country thousands of miles away.

Well . . . nothing we can do about it. Blissful Thanksgiving to you anyway.

If your best advice includes advising this member to forgo a requirement of AOS when they have no appeal process, then imho it's just really bad advice. I would go so far as to say this is bad advice in any AOS situation, but the lack of appeals process makes it doubly worse in this case.