I am sorry if this has been answered before but I have read over threads and not all cases are the same so I am hoping to get some advice or experiences from people on here.
My husband is a Canadian, I an USC. He entered US in 4/11 as a visitor with no I-94 or stamp in passport. HE has come to the US every summer since he was a child and even went to college in US. He opened a business in the US and even employed USC's but small business and basically supports itself, I am the bread winner and pay the bills. We married on 2/12. When we returned from our honeymoon in 2/12 ICE showed up at his business and issued him an NTA for overstaying AND working without visa. It seemed as though they planned to take him in to custody at that time since 4 ICE agents showed up with 3 police officers but he told them he married a USC and they told him to get paperwork filed.
After a lot of back and forth with people and attorney's we filed I-130, I-485 and I-765 in 3/12.
Received notice on interview under I-485 to be 6/12 but days before phone call and letter came in notifying us our interview cancalled and would be re-scheduled. In the mean time his I-765 approved and he got a work visa.
Our case with USCIS is still pending and called 1800 for ICE courts and found NTA now had a court date. 9/12. We go in 2 weeks and want to respresent ourselves because really cant afford the attorney fees.
So i understand I can ask ICE courts to dismiss and allow USCIS to complete for AOS but the kicker is......
He owes back child support in Canada. No criminal record but yes he owes child support. The amount he is required to pay monthly was based on his income in Canada and we don't have it. So would that make him removable? Would they not allow the AOS to PR until its taken care of?
What do we need to do in the court proceedings? Planning on pleeding guilty for the over stay but not for working as he was not taking an income from his business.
any advice??
My husband is a Canadian, I an USC. He entered US in 4/11 as a visitor with no I-94 or stamp in passport. HE has come to the US every summer since he was a child and even went to college in US. He opened a business in the US and even employed USC's but small business and basically supports itself, I am the bread winner and pay the bills. We married on 2/12. When we returned from our honeymoon in 2/12 ICE showed up at his business and issued him an NTA for overstaying AND working without visa. It seemed as though they planned to take him in to custody at that time since 4 ICE agents showed up with 3 police officers but he told them he married a USC and they told him to get paperwork filed.
After a lot of back and forth with people and attorney's we filed I-130, I-485 and I-765 in 3/12.
Received notice on interview under I-485 to be 6/12 but days before phone call and letter came in notifying us our interview cancalled and would be re-scheduled. In the mean time his I-765 approved and he got a work visa.
Our case with USCIS is still pending and called 1800 for ICE courts and found NTA now had a court date. 9/12. We go in 2 weeks and want to respresent ourselves because really cant afford the attorney fees.
So i understand I can ask ICE courts to dismiss and allow USCIS to complete for AOS but the kicker is......
He owes back child support in Canada. No criminal record but yes he owes child support. The amount he is required to pay monthly was based on his income in Canada and we don't have it. So would that make him removable? Would they not allow the AOS to PR until its taken care of?
What do we need to do in the court proceedings? Planning on pleeding guilty for the over stay but not for working as he was not taking an income from his business.
any advice??