Marrying us citizen while in deportation

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Bazhen

Registered Users (C)
i have been denied asulym request by IJ and appealing the decision with Board of Immigration Appeals.I know that my chances are slim...My boyfriend is getting his us citizenship probably withing 2-3 months.We are planning to get married soon.Does anyone know if i get married to an us citizen and i am denied my appeal with BOIA and face deportation,will i be able to adjust my status without leaving the states?will i be able to adjust my status in general?
How long does it take to process BOIA appeal?

Would really appreciate any helpfull input or any law reference.thank you
 
I think, if u are already in removal proceedings, marrying a USC won't stop them from deporting you. How long were you out of status?
 
I filed for asylum 10 months after i arrived in the states.i had a tourist visa back then.so i was never out of status.i hope thats what you were asking
 
From my understanding, it could take a year or more for the BOIA to hear your case.
I'm no expert but I think you will have to leave the US and apply to return.

Just maybe, you could file a motion to reopen your case based on marriage, I'm not sure if that will be allowed, then ask that the case be terminiation while the I-129 or I-485 is being processed. I think you will need to speak with a good immigration attorney.

So why are you being deported? Assuming that you get ordered deported with a 10 year bar, you shouldn't have much problem getting a waiver.
 
Last edited by a moderator:
dafortycal said:
From my understanding, it could take a year or more for the BOIA to hear your case.
I'm no expert but I think you will have to leave the US and apply to return.

Just maybe, you could file a motion to reopen your case based on marriage, I'm not sure if that will be allowed, then ask that the case be terminiation while the I-129 or I-485 is being processed. I think you will need to speak with a good immigration attorney.

So why are you being deported? Assuming that you get ordered deported with a 10 year bar, you shouldn't have much problem getting a waiver.
Click to expand...

Thanks.i am talking to several attorneys,but the ones that are not too expensive dont know all the answers.i just dont have enough money to hire an expensive one,with the economy and the job situation...

I am not being deported yet but i was not able to win my asylum case.my understanding is that if i denied my appeal with BOIA,the order of removal will be issued...my only hope besides appeal is that my marriage to an american citizen.but we are not even married yet.nobody can tell me if it is going to be too late to legally adjust my status if i marry us citizen while being in removal procedings or while my apeal is pending?

My understanding is that you can file a motion to reconsider or motion to reopen only if you have new facts or new circumstances concerning my particular asylum case.so i dont know if marrying someone qualifies me for those motions.

You think i will be able to fight that 10 year bar and get a waiver?I wish i can talk to someone who went through this to live another day and tell the story.its scary to leave your family here and go back to fight the DHS.
 
hello,

i am new to this website but have just went through the same situation. my now husband was in removal proceedings when we married. you can still marry while you are in removal proceedings. after you marry, you put in a motion to reopen the case. once the case is reopened, you also have to file the i130, in which we filed in 2/09 and then rec'd notice 10/09 for a stokes interview. If you marry while in removal proceedings, they usually automatically issue a stokes interview. its tough, but yes it can be done. . .

good luck to you, hope this helps.

:)
 
nycwifey said:
hello,

i am new to this website but have just went through the same situation. my now husband was in removal proceedings when we married. you can still marry while you are in removal proceedings. after you marry, you put in a motion to reopen the case. once the case is reopened, you also have to file the i130, in which we filed in 2/09 and then rec'd notice 10/09 for a stokes interview. If you marry while in removal proceedings, they usually automatically issue a stokes interview. its tough, but yes it can be done. . .

good luck to you, hope this helps.

:)
Click to expand...

It sure helps..gives me some hope...thanks for the post.
would you happen to know in what stage of removal proceeding he was:was he just denied by an immigration judge,was he appealing it to BOIA,was it a final order of removal, when you got married and filed the paperwork
 
well, if you are in deportation proceedings I believe you cannot adjust status anymore, because there is no status to adjust. I may be wrong, but in your situation if you win appeal, you can withdraw the application and marry your USC husband and apply for AOS based on US relative. if you loose appeal, i think (not sure) you can still apply for 130 through your husband USC but that appeal had to be lost to some other application than 130. you need a good attorney. its a life/death situation stop using 3 attorneys at once, save some money and get one with 20 years of experience! it take about 1 year for case to travel from USCIS to BIA, then about another year to be judged. however, some cases are pending 5 years, some are done in 8 months, hard to tell.
 
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