Marriage after removal procedures

C

Chaka

New Member
Here's my situation i came in 1996 with a student visas. For financial reasons i failed to maintain my visas. I was out of status for a Year then a reapplied for a new student visas. That's when i received a letter from the INS saying that they've found out i've worked and a notice of removal procedures. Last year i got married with a Citizen. But her income doesn't meet the affidavit of support requirement. I've been working and filing my tax return since 1996.
question:
1_ what do i need to do to cancel the removal procedures. or should i just file the i485. and go through the process? :(
2_ Do i need to file the affidavit of support? :confused:

Thanks
 
If you file for the GC you are prolly going to have a tough time, one of the red flags they look for is marriage after notice of intent to deport, you don't specify the timeline on that and yeah you need the support thing they don't want someone on benefits all their life.
try and find someone to sponsor you, they don't have to give you any money its just that CIS can see that if you lose your job say, that person will take care of you rather than you claiming from the GOVT.
 
First, I would hire an attorney and find out the status of the previous removal proceedings.

If you can get before a judge on the removal proceedings, make sure and have the judge adjudicate your 485 petition.

You got married while in removal proceedings, the marriage then very suspect because of that... However, that presumption has been overcome a lot of times so it is not a long shot.
 
I didn't know you could file taxes while being out of status.

you HAVE to file an affidevit of support.
 
payala said:
I didn't know you could file taxes while being out of status.

you HAVE to file an affidevit of support.
Click to expand...

I don't know the law on that but I've file taxes for the past 7 years and I've been out of status on my B1/B2 visa. If they can withhold taxes from you while you are out of status, why shouldn't you be able to file to get a refund ?? :)
 
Well...that is a debate...IRS is not USCIS, totally different authorities, and in general that is one of the discussions since IRS can't avoid (and neither USCIS) that people work illegaly at least they (IRS) want to collect their money so that is the only way, unfortunately for people who are in that situation (working illegaly) won't work in the way back.

1. You cannot remove/cancel your "immigration proceedings", you must go in front of an immigration court for that. You can file and give your money and wait until the end to see if they denied you or what. Remember, they won't return your money.
2. As part of the AOS package the sponsor must file an Affidavit of Support (I-864) even makes zero income. If you want to add your income (but I do not know how since is your income come from working illegaly? good question...) but you must exceed the 125% poverty level as well, if not then you will need a joint/co-sponsor, whatever applies to complete it. In general with the Affidavit of Support what USCIS wants to know is that your sponsor can support you financially, meaning that your sponsor has a job (employment letter and last paystubs) and that cover the 125% poverty level and that you do not own taxes...so looking in that way, you can check that out, who knows....

Since you are in immigration proceedings, your husband at least should start makes moves to hire and attorney (that knows your type of situation) and get advice at least what to do as first step.
 
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