Removal proceedings but I am engaged , better wait or get marriage ? I-130?

[Turchinba]

Good afternoon
I got marriage before , my ex was horrible , drunk ... on me but I sent a letter for the Immigration giving up my processing because I was thinking about divorce , I went to one interview and I didn’t get the green card , before de second interview I get the divorce , my divorce take 6 months , I am engaged and living with me fiancé for more de 5 months , we are happy and planning our wedding , but 3 days ago , my lawyer called to me saying the immigration sent to me a “removal proceeding “.... I am super scared and my fiance too , I don’t know if will be a good idea get marriage right now or go with my fiancé to the court and say we are together and we are planning to get marriage and few months ... please help me ... my lawyer said is better waiting engaged and go with him to the judge .... what should I do? Please someone can help me , better I do i-130 or not

[manhattanite]

I’m sorry about everything that’s going on.

It will be very suspicious to the USCIS and judge for anyone to get married during removal proceedings, which I’m sure your lawyer understands and is why they are recommending for you to remain engaged.

[azblk]

Good afternoon
I got marriage before , my ex was horrible , drunk ... on me but I sent a letter for the Immigration giving up my processing because I was thinking about divorce , I went to one interview and I didn’t get the green card , before de second interview I get the divorce , my divorce take 6 months , I am engaged and living with me fiancé for more de 5 months , we are happy and planning our wedding , but 3 days ago , my lawyer called to me saying the immigration sent to me a “removal proceeding “.... I am super scared and my fiance too , I don’t know if will be a good idea get marriage right now or go with my fiancé to the court and say we are together and we are planning to get marriage and few months ... please help me ... my lawyer said is better waiting engaged and go with him to the judge .... what should I do? Please someone can help me , better I do i-130 or not

So on what basis are you and your lawyer "going to go to the judge"? And when you go what are you going to say? Are you planning to apply for VAWA? I think your lawyer is giving you bad advice. You should consult another lawyer.

[azblk]

I’m sorry about everything that’s going on.

It will be very suspicious to the USCIS and judge for anyone to get married during removal proceedings, which I’m sure your lawyer understands and is why they are recommending for you to remain engaged.

Hundreds if not thousands of people get married during removal. If anything in most cases that is the only defense they have against removal.

[mindrd]

Hundreds if not thousands of people get married during removal. If anything in most cases that is the only defense they have against removal.

I agree, if you get married to your fiance, you will have to meet a higher burden with USCIS on your future Form I-130. Most people have no other option but to get married and file the Form I-130 as that may be their only form of relief from deportation. I do not believe USCIS found you for marriage fraud at this time, so it is still possible.

[newacct]

Being in removal proceedings makes your path to immigrating through your fiance in two ways:
1. If you are in removal proceedings, jurisdiction for Adjustment of Status rests with the immigration judge in immigration court, not with USCIS. That means after you get married, you cannot file I-130 and I-485 concurrently; you must file I-130 by itself with USCIS, wait for USCIS to approve it, and only after it is approved can you file I-485 with the immigration judge.
2. There is a provision that if the marriage is entered into while you are in removal proceedings, a marriage-based petition cannot be approved unless you can show by "clear and convincing evidence" that the marriage was not fraudulent. This is a higher standard that is normally required for marriage-based immigration.

But I don't seen any other possible relief from deportation available to you other than Adjustment of Status through marriage to your fiance. ICE is not going to stop deportation just because you have a fiance.