i need really help ..... Plz plz - Marriage adjust status

[Ericobaloni]

Hello everyone !!!

I came to the US as a tourist D2 and I received the wedding proposal from my fianc? this month. But before that I applied for a visa extension.

I applied for the I-94 visa extension three months ago and have not received the response yet. My question is: If I receive a denial of the request, do I just accumulate illegal status in the US, or do I receive a deportation order? Because I intend to regularize my status by marrying my fianc? in November, I am afraid that I will receive a deportation order and this would prevent my green card process from being approved.

Can someone help me with information please.

Thank you.

Ebaloni

[UScitizenFilingforspouse]

Hello everyone !!!

I came to the US as a tourist D2 and I received the wedding proposal from my fianc? this month. But before that I applied for a visa extension.

I applied for the I-94 visa extension three months ago and have not received the response yet. My question is: If I receive a denial of the request, do I just accumulate illegal status in the US, or do I receive a deportation order? Because I intend to regularize my status by marrying my fianc? in November, I am afraid that I will receive a deportation order and this would prevent my green card process from being approved.

Can someone help me with information please.

Thank you.

Ebaloni

If I were to do it over, I would have married my husband here in the US and then pursued consular processing. Consular officers do not have "discretion" over immigrant visas. If you qualify for it, they have to grant it to you.

If you file for Adjustment of status, then you're looking at a long wait. Sure, it depends upon your field office. Tampa, FL just granted a green card to someone in 88 days. But that's not the rule. It might have even been a glitch.

I personally would choose to follow the rules and either pursue a k-1 fiance visa OR immigrant visa (CR1)(Conditional Resident 1)

[newacct]

Hello everyone !!!

I came to the US as a tourist D2 and I received the wedding proposal from my fianc? this month. But before that I applied for a visa extension.

I applied for the I-94 visa extension three months ago and have not received the response yet. My question is: If I receive a denial of the request, do I just accumulate illegal status in the US, or do I receive a deportation order? Because I intend to regularize my status by marrying my fianc? in November, I am afraid that I will receive a deportation order and this would prevent my green card process from being approved.

Can someone help me with information please.

Thank you.

Ebaloni

You start accruing "unlawful presence" (but that doesn't matter for Adjustment of Status in the US) from the date of the denial if it is denied. They could issue you a Notice to Appear (NTA) in removal proceedings after a denial, but I don't know if they usually do that now. There was a USCIS policy memorandum about NTAs in June, part of which says they will issue NTAs to people whose applications are denied and they are unlawfully present, which would presumably include your case if your Extension of Status were denied. However, there is a note in July that says that the policy hasn't been implemented yet because they haven't issued the operational guidance for it yet. So it is unclear when the new policy will be implemented.

Also, being put into removal proceedings doesn't "prevent my green card process from being approved". However, it does make your green card process more complicated in 2 ways. 1) If you marry after removal proceedings has already started, your petition cannot be approved unless you can show by "clear and convincing evidence" that your marriage was not entered into to evade immigration laws. This is a higher standard that is usually needed for spouse petitions. 2) If you are in removal proceedings (regardless of whether you married before or after they started), jurisdiction for AOS falls to the immigration judge instead of USCIS. Although you can file AOS with the immigration judge as a defense against removal, you can only file that with the IJ after your I-130 petition is approved by USCIS. Previously, if you are in removal proceedings with a pending I-130 for which you would be immediately eligible for AOS if approved (as you are since there is no wait in the Immediate Relative category), the IJ would grant a continuance to wait for the I-130 to be processed, but the Attorney General Jeff Sessions recently severely limited the ability of IJs to grant continuances, so I don't know whether you could be deported if the I-130 was still pending when you are in removal proceedings.

If at all possible, it would be best to marry and file for AOS now, as soon as possible.

[UScitizenFilingforspouse]

You start accruing "unlawful presence" (but that doesn't matter for Adjustment of Status in the US) from the date of the denial if it is denied. They could issue you a Notice to Appear (NTA) in removal proceedings after a denial, but I don't know if they usually do that now. There was a USCIS policy memorandum about NTAs in June, part of which says they will issue NTAs to people whose applications are denied and they are unlawfully present, which would presumably include your case if your Extension of Status were denied. However, there is a note in July that says that the policy hasn't been implemented yet because they haven't issued the operational guidance for it yet. So it is unclear when the new policy will be implemented.

Also, being put into removal proceedings doesn't "prevent my green card process from being approved". However, it does make your green card process more complicated in 2 ways. 1) If you marry after removal proceedings has already started, your petition cannot be approved unless you can show by "clear and convincing evidence" that your marriage was not entered into to evade immigration laws. This is a higher standard that is usually needed for spouse petitions. 2) If you are in removal proceedings (regardless of whether you married before or after they started), jurisdiction for AOS falls to the immigration judge instead of USCIS. Although you can file AOS with the immigration judge as a defense against removal, you can only file that with the IJ after your I-130 petition is approved by USCIS. Previously, if you are in removal proceedings with a pending I-130 for which you would be immediately eligible for AOS if approved (as you are since there is no wait in the Immediate Relative category), the IJ would grant a continuance to wait for the I-130 to be processed, but the Attorney General Jeff Sessions recently severely limited the ability of IJs to grant continuances, so I don't know whether you could be deported if the I-130 was still pending when you are in removal proceedings.

If at all possible, it would be best to marry and file for AOS now, as soon as possible.

Thank you for outlining the additional layers of complexity if OP decides to adjust status. Would it make sense to marry and opt for consular processing?

[newacct]

You start accruing "unlawful presence" (but that doesn't matter for Adjustment of Status in the US) from the date of the denial if it is denied. They could issue you a Notice to Appear (NTA) in removal proceedings after a denial, but I don't know if they usually do that now. There was a USCIS policy memorandum about NTAs in June, part of which says they will issue NTAs to people whose applications are denied and they are unlawfully present, which would presumably include your case if your Extension of Status were denied. However, there is a note in July that says that the policy hasn't been implemented yet because they haven't issued the operational guidance for it yet. So it is unclear when the new policy will be implemented.

Update: the NTA policy will begin to be implemented starting October 1.