QUESTION

My fiancé visa is about to expire, I got married here in the US but failed to adjust my status. Am I going to get deported?

Asked on Feb 27th, 2012 on Immigration - Texas
More details to this question:
I went here in the US through fiancé visa. I got married with the guy but until now he has not applied for my adjustment status. I sense he has no plan to apply for it because we are not in good terms. I gave birth to a baby already. If my status will not be adjusted and my visa expired, am I going to be deported? What about my baby? I don’t want to leave her here.
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7 ANSWERS

Criminal Law Attorney serving Newport Beach, CA at Right Choice Law
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Please contact an immigration attorney. You have rights under immigration law especially because your marriage seems bona-fide in that you have a child with your husband. You could apply for legal status either through your husband, and/or on your own depending on your relationship.
Answered on Feb 29th, 2012 at 10:25 AM

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Immigration Law Attorney serving Hialeah, FL at Hernandez & Suarez, PL
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He must petition for your in order for you to adjust your status. Absent a petition, you cannot adjust. The child is a US citizen. He may stay with the father in the US or may leave with you to your country. That will depend on the father. He has the right to petition for the custody of the child and stop you from removing the child from the United States. This has nothing to do with immigration, it will be handled in the family court. The fact that you may be deported may give him a chance to keep the child. It will also depend on what country you are from and where is it that you are taking the child. It may be a big custody battle. If you married in good faith and you are still together, you have a child in common, maybe you should speak seriously with your husband and apply for your paperwork. It would benefit your child that is also his child to keep both parents together. If you guys are not longer together, then that's different. You, under no circumstances, shall commit fraud.
Answered on Feb 27th, 2012 at 4:10 PM

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Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
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you can file I-485, adjustment of status yourself. Now if you have been in the US for too long, like more than 6 months, CIS may deny your application and in that case, you would need your USC spouse to file I-130 and I-485 together.
Answered on Feb 27th, 2012 at 4:06 PM

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You got married but he is not going to help you adjust status? You gave birth to a baby you have with him but he is not going to help you adjust status? IS this a legitimate marriage? Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Feb 27th, 2012 at 3:53 PM

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Leon Wildes
He needs to sponsor you so you can become a resident. If not, you need to prove that he abused you and try to file on your own.
Answered on Feb 27th, 2012 at 3:38 PM

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Criminal Defense Attorney serving New York, NY at Law Offices of Nicklaus Misiti, PLLC
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If your visa expires and your spouse will not file for you, you must leave the US. An overstay of 180 days or more will bar you from returning for 3 years, while an overstay of 1 year or more will bar you for 10 years. This will be important because you can only gain a green card through marriage to your petitioning fiance, unless you qualify for asylum. Thus, if you remain here illegally 2 years and meet someone else, you will have to leave for them to file for you and be barred from returning for 10 years unless you obtain a waiver.
Answered on Feb 27th, 2012 at 3:16 PM

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Immigration Law Attorney serving Dallas, TX at Verdin Law
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As long as you got married within the 90 days you should be able to adjust. Contact an experienced immigration lawyer to review your case.
Answered on Feb 27th, 2012 at 3:15 PM

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