QUESTION

Will we run into any mmigration troubles since my wife made that report to ICE claiming that I was trying to fraud her?

Asked on Mar 26th, 2013 on Immigration - Florida
More details to this question:
I'm an Indian international student studying in VA and married my fiance (USC) in December 2012 in California where she's from. She found out about me cheating on her soon after the wedding, and ended it with me. She never filed divorce, however she reported it to ICE out of anger claiming that I was trying to fraud her. We have both decided to work on things and she has since then decided to accept me back.Will she still be able to file a petition for me? I want to be with my wife, but legally where do we stand? In addition, assuming I return to California to make things right with my wife, I will be out of status. We want to be together, but it would render me out of status. Your help is most appreciated. I arrived in USA 12/2007, visa expired 12/2012-my i-20 is valid until August 2013. My wife is a US citizen.
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2 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Mar 28th, 2013 at 7:46 AM

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Immigration Law Attorney serving Hialeah, FL at Hernandez & Suarez, PL
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If immigration made a determination of fraud in your case, the way to cure that fraud is by marrying the same person again. You are already married. You must prove to immigration that your marriage was valid when you entered into it and it continues to be valid. You will have a harder time to prove, but it is possible to do so. Make sure to prepare well your case and present convincing evidence to support it.
Answered on Mar 27th, 2013 at 2:27 PM

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