fiancé in removal proceeding

[Totallyinnlove 0]

Hello guys I am new to the community and I have a very concerning issue going on I hope I can get some advise on.

My fiancé and I have been together for 2 months he is to appear in immigration court in January and he is worried that he will be deported, he has a domestic violence charge which has been reduced to obstruction of services and also a dwi charge he also has 2 us citizen children who are pretty young this he does not want immigration to know about has he already broke up with their mother all this is very concerning to us and I was wondering if me being a us citizen marries him if this will stop him from being deported .

Looking forward to your replies thanks.

[Illiria 980]

He will have to declare the children. You cannot lie as part of immigration process. All decisions after a lie has occurred can later be revoked. http://www.uscis.gov/sites/default/files/files/form/i-485.pdf this form requires that he lists all children, us citizen or not.

[Penguin_ie 5,993]

**** Moving from AOS from Family Visa to Effects of Major changes, which seems the best fit *****

How did he come here?

Edited October 5, 2014 by Penguin_ie

[Totallyinnlove 0]

He came here legally 8 yrs ago on a work visa been married once but was denied the permanent residency card so he divorced his wife

[Totallyinnlove 0]

**** Moving from AOS from Family Visa to Effects of Major changes, which seems the best fit *****

How did he come here?

He came here legally 7 yrs ago on a work visa he was married once got his 2 yr residency card but was later

Denied the permanent residency his wife would not cooperate

He will have to declare the children. You cannot lie as part of immigration process. All decisions after a lie has occurred can later be revoked. http://www.uscis.gov/sites/default/files/files/form/i-485.pdf this form requires that he lists all children, us citizen or not.

i figured as much but got him he thinks declaring the kids will put immigration to question our marriage even more

[jxn 86]

Why doesn't he want Immigration to know about his children?

[Totallyinnlove 0]

Why doesn't he want Immigration to know about his children?

He loves his kids he is just scared that they will scrutinize our marriage since the kids are so young and he only separated from their mother recently she is not a us citizen

[KayDeeCee 4,893]

He came here legally 8 yrs ago on a work visa been married once but was denied the permanent residency card so he divorced his wife

He divorced because he was unable to get a green card through her? And he is in deportation proceedings and you want to marry him so he can possibly get the green card this time? You will have a hard time convincing the USCIS that you have a valid relationship/marriage that is not just for the sole purpose of immigration.

http://www.uscis.gov/laws/immigration-benefits-eoir-removal-proceedings

You need to contact a good immigration attorney for help.

Edited October 5, 2014 by KayDeeCee

[Super King 26]

He loves his kids he is just scared that they will scrutinize our marriage since the kids are so young and he only separated from their mother recently she is not a us citizen

How did he get conditional GC (2 years card) in the first place if mother of his children is not US citizen? Edited October 5, 2014 by Super King

[dwheels76 5,468]

How did he get conditional GC (2 years card) in the first place if mother of his children is not US citizen?

He didn't get a green card application was denied/

[dwheels76 5,468]

He loves his kids he is just scared that they will scrutinize our marriage since the kids are so young and he only separated from their mother recently she is not a us citizen

She wasn't a citizen but she sent in a petition for him to get a green card. There was nothing for her to cooperate with she can't petition for him within the US she has to be a citizen.

To answer your question. No you marrying him doesn't stop deporartion proeeedings. You two need a lawyer badly. You marrying him now as you say he just separated with the mother and the kids are young. It will look like he is marrying you just for green card.

Don't you think during his deportation proceedings it would maybe benefit him to disclose he has children here. Right now he looks like a single guy with no ties to US. But yet he does. Matters not about the mom he has children here.

He needs a lawyer fast.

[Totallyinnlove 0]

To answer the question he was never married to the mother of his kids, he was married to a us citizen he got his conditional. Residency and when it was time to remove conditions the wife bailed on him so his petition was denied

Now he needs to start over with me so yes I guess a good lawyer is top of the list now but does anyone think there is a chance??

She wasn't a citizen but she sent in a petition for him to get a green card. There was nothing for her to cooperate with she can't petition for him within the US she has to be a citizen.

To answer your question. No you marrying him doesn't stop deporartion proeeedings. You two need a lawyer badly. You marrying him now as you say he just separated with the mother and the kids are young. It will look like he is marrying you just for green card.

Don't you think during his deportation proceedings it would maybe benefit him to disclose he has children here. Right now he looks like a single guy with no ties to US. But yet he does. Matters not about the mom he has children here.

He needs a lawyer fast.

He was never married to the mother of his kids he was married to a us citizen, got his conditional then when it was time to remove conditions the us citizen wife bailed on him hence the denial

[kzielu 1,149]

He loves his kids he is just scared that they will scrutinize our marriage since the kids are so young and he only separated from their mother recently she is not a us citizen

They're going to scrutinize it anyway and lying this case is absolutely dumbest thing he can do - it can earn him permanent ban.

[a+j 77]

To answer the question he was never married to the mother of his kids, he was married to a us citizen he got his conditional. Residency and when it was time to remove conditions the wife bailed on him so his petition was denied

Now he needs to start over with me so yes I guess a good lawyer is top of the list now but does anyone think there is a chance??

He was never married to the mother of his kids he was married to a us citizen, got his conditional then when it was time to remove conditions the us citizen wife bailed on him hence the denial

This is how it sounds:

He got married to a US citizen right after (read: while actually) being in a relationship with another woman he had kids with. Dumped the US citizen wife after he could not remove conditions based on bonafide marriage to her (read: because that wasn't a bonafide marriage in the first place). No wonder he does not want to declare he has young kids from the non-citizen woman (which is out of question, anyway, as explained in the comments above).

You are going to have a pretty hard time convincing immigration that he's not just getting married for the green card (again).

Edited October 6, 2014 by a+j

[dwheels76 5,468]

To answer the question he was never married to the mother of his kids, he was married to a us citizen he got his conditional. Residency and when it was time to remove conditions the wife bailed on him so his petition was denied

Now he needs to start over with me so yes I guess a good lawyer is top of the list now but does anyone think there is a chance??

He was never married to the mother of his kids he was married to a us citizen, got his conditional then when it was time to remove conditions the us citizen wife bailed on him hence the denial

Okay he has been here 8 years. By chance were these children conceived or born during his marriage?

How long was he married. You say he divorced after he couldn't remove conditions so I would thing at least 2 years he was married. How old are the children?

I ask all this because you have to look at this like immigration would?

I mean why is it he doesn't want to mention he had children here (which I assure you they know)? I find that very troubling.

Hope you both have lots of money to seek a lawyer this is not going to be a DIY kind of thing.