Form I-130

S

salonichand

Registered Users (C)
Hi, Iam in the removal proceedings & hv my final hearing in nov'2011. I got married to a GC holder after dating for a year who 'll become a USC in feb'13. He will be filing I-130 for me...Is there any time frame for applying it? what can be the possibility of my case...anybody who had this kind of case???
 
An I-130 filed for you by a GC holder spouse will not be of any use to stop removal proceedings. In the F2A category, the wait will be several years. The case will not continued to allow the spouse to naturalize. BUT as an initial hurdle, any marriage entered into while in proceedings is presumed fraudulent and must be proven by "clear and convincing evidence".

It depends on your circumstances, have you got a bar to re-entry? An I-130 can be approved AFTER you have been abroad for 2 years and that would require lesser evidence. However, if you are otherwise barred from entry it is pointless.

You have not indicated the basis for the removal proceedings or your manner of entry or any other details.
 
Hi BigJoe5, Ihaven't got a bar to re-entry yet. I came in 2008 with a b1 visa and applied for pol asylum. it has been referred to IJ after denial from AO.I had my master hearing, n subsequently got another date for fianal individual hearing in nov,11. As a couple we can produce joint a/c stmts of different banks. I consulted a lawyer for advice, he advised my spouse to file I-130 at the same time my case will have to be continued too.So i wanted to hv some advice if anybody has any idea about such kind of circumstances. Since we are officially married that has to be proved & informed in uscis office too....
 
salonichand said:
Hi BigJoe5, Ihaven't got a bar to re-entry yet. I came in 2008 with a b1 visa and applied for pol asylum. it has been referred to IJ after denial from AO.I had my master hearing, n subsequently got another date for fianal individual hearing in nov,11. As a couple we can produce joint a/c stmts of different banks. I consulted a lawyer for advice, he advised my spouse to file I-130 at the same time my case will have to be continued too.So i wanted to hv some advice if anybody has any idea about such kind of circumstances. Since we are officially married that has to be proved & informed in uscis office too....
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Hurry and file the I-130 with USCIS. Get that detail taken care of.

What are your chances of getting asylum? IF the IJ denies asylum, apply for voluntary departure if it is an option and don't violate it. That would prevent a bar from being an issue to re-entry as the spouse of a USC. DID you marry before or after being referred to the IJ? It makes a BIG DIFFERENCE for the I-130.
 
Hi Big Joe5,
I have no idea about chances of winning my case. I checked my judge has 85% denial cases.And i got married 2 mths ago whereas my case was transferred to IJ 1 &1/2 year ago. what if i go to BIA if my case gets denied instead of opting for voluntary departure?So far my I-130 case status say tht its under initial review. I guess i dont have to apply any other form right now other than I-130, right?
 
salonichand said:
Hi Big Joe5,
I have no idea about chances of winning my case. I checked my judge has 85% denial cases.And i got married 2 mths ago whereas my case was transferred to IJ 1 &1/2 year ago. what if i go to BIA if my case gets denied instead of opting for voluntary departure?So far my I-130 case status say tht its under initial review. I guess i dont have to apply any other form right now other than I-130, right?
Click to expand...

The USC can file for an Immediate Relative. As a potential beneficiary, you have ZERO standing in the processing of an I-130. Remember that YOU are not a petitioner or an applicant for anything other than asylum right now.

Since you married while in proceedings, your marriage is legally presumed to be a fraud until proven otherwise, INA 204(g).

IF voluntary departure is offered, take it and DON'T violate it.
 
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