May 15, 2003
I'm US Citizen married to alien wife, we have two children together, both of them born here and expecting another one this July. Currently she is in removal proceedings. She came to US in Jan '98 as a K-1 (fiancée) to be married to an American Citizen. Her visa was good for 90 days. She lived with him for approximately two months and decided not to married the guy and left him, and asked for political asylum. At about the same time we met. Few months later we got married. Her asylum request was denied and referred to an IJ. In mean time we applied the petition (I-30) I was with a Permanent Resident Status at the time. The Judge denied the asylum. We appealed the Judges decision to the Board of Immigration. A month ago she became current for visa (adjustment of status).about the same time decision on her appeal was denied.
So: My wife has to go back to her country and apply through the American Consul for permanent residency. She is not statutory eligible to adjust the status here because she came with K-1. If she returns the removal proceedings would become in effect and she will be inadmissible for 5 years. If she stays here she accumulates as nonimmigrant "without status" and eventually be deported anyway. Please advise us.., what can we do.., what would be the right path to avoid separation.., are the INS going to nock on our door soon…?
Thank you for you time.
Toska Family
I'm US Citizen married to alien wife, we have two children together, both of them born here and expecting another one this July. Currently she is in removal proceedings. She came to US in Jan '98 as a K-1 (fiancée) to be married to an American Citizen. Her visa was good for 90 days. She lived with him for approximately two months and decided not to married the guy and left him, and asked for political asylum. At about the same time we met. Few months later we got married. Her asylum request was denied and referred to an IJ. In mean time we applied the petition (I-30) I was with a Permanent Resident Status at the time. The Judge denied the asylum. We appealed the Judges decision to the Board of Immigration. A month ago she became current for visa (adjustment of status).about the same time decision on her appeal was denied.
So: My wife has to go back to her country and apply through the American Consul for permanent residency. She is not statutory eligible to adjust the status here because she came with K-1. If she returns the removal proceedings would become in effect and she will be inadmissible for 5 years. If she stays here she accumulates as nonimmigrant "without status" and eventually be deported anyway. Please advise us.., what can we do.., what would be the right path to avoid separation.., are the INS going to nock on our door soon…?
Thank you for you time.
Toska Family
