In removal proceedings!!!!!

[Alfall]

Hey guys, I am in removal proceedings. Here's my story, I came in the US in 2008 with a F1 visa, did one semester then went out of status (long story) until March 2011 when they caught me thanks to some unpaid Metro Train tickets. I spent 1 month at the detention center, then went before a Judge inside the detention center then posted a $4000 bond and came out in April 2011. Me and my girlfriend have been trying to get married ever since (long story as well, family issues). My first Hearing was Oct 2011, went there with my lawyer and it was literally quick, I didn't even get to speak to the judge. Then my lawyer told me I had an extension until August 2012, which is in 5 months from now.

My concerns are:

What happens at that hearing?

What happens if I don't get married by then and file for my papers by then? Can I still get another extension?

What are my chances of still staying in the country.

Thanks, cheers.

 

[BigJoe5]

Hey guys, I am in removal proceedings. Here's my story, I came in the US in 2008 with a F1 visa, did one semester then went out of status (long story) until March 2011 when they caught me thanks to some unpaid Metro Train tickets. I spent 1 month at the detention center, then went before a Judge inside the detention center then posted a $4000 bond and came out in April 2011. Me and my girlfriend have been trying to get married ever since (long story as well, family issues). My first Hearing was Oct 2011, went there with my lawyer and it was literally quick, I didn't even get to speak to the judge. Then my lawyer told me I had an extension until August 2012, which is in 5 months from now.

My concerns are:

What happens at that hearing?

What happens if I don't get married by then and file for my papers by then? Can I still get another extension?

What are my chances of still staying in the country.

Thanks, cheers.

IF you are in one of the Immigration Courts under review, it is possible that they could close your case and let you pursue adjustment IF you have a viable option to adjust.

Is she a citizen? Are you in love?

http://www.ilw.com/immigrationdaily/news/2012,0403-prosecutorialdiscretion.shtm

 

[Alfall]

Yeah we are truly in love, but we cannot live together right now because she has to take care of her mother who's 72. I am going to take my own apartment in June but I don't see how she would move in with me since she has an own apt with her mother that she has to take care of, that's basically what's been holding us back.

Well I live in Houston texas, haven't seen it in there.

I'm just wondering what would happen if I show up at my next court hearing with no marriage license and no filed papers.

 

[BigJoe5]

Yeah we are truly in love, but we cannot live together right now because she has to take care of her mother who's 72. I am going to take my own apartment in June but I don't see how she would move in with me since she has an own apt with her mother that she has to take care of, that's basically what's been holding us back.

Well I live in Houston texas, haven't seen it in there.

I'm just wondering what would happen if I show up at my next court hearing with no marriage license and no filed papers.

You have to have some basis for relief in order to be considered for prosecutorial discretion. You have none. The best you could hope for is voluntary departure.

 

[Alfall]

wafak

You have to have some basis for relief in order to be considered for prosecutorial discretion. You have none. The best you could hope for is voluntary departure.

I get that. We're trying to do our best right now, I just don't wanna get caught into some kind of marriage fraud if we get married and don't live under the same roof. So we get married and live together, do I file for the papers before going to court, or does it have to go through the judge?

 

[BigJoe5]

I get that. We're trying to do our best right now, I just don't wanna get caught into some kind of marriage fraud if we get married and don't live under the same roof. So we get married and live together, do I file for the papers before going to court, or does it have to go through the judge?

An I-130 must at least be filed (preferably approved) for the IJ to have any reason to continue or close a case. IJs have zero authority to do anything with an I-130, only USCIS can handle that.