Question about filing for greencard during removal proceedings

[masiveblurr2010]

Hi there. I am in need of some advice for my fiance. He has a very confusing case, which is all over the past 3 years. He came here on a work visa, the restaurant he was in was terrible so he left. After a while the police came and arrested him. He was engaged at the time to be married and he married after being arrested. He filed a marriage case and at the same time removal proceedings started. His first interview they both showed up, but they both needed an interpreter and he did not show up so they rescheduled. At this time, they got a new date and she was in an accident and didn't show up. They gave him one more court date. At this time he came in their home and found her with another man. He left the house and went to stay with a friend. During this time she called him constantly asking him for money, and even called the police. She had someone come and beat him up, it was really awful. We were just friends throughout this as we lived right next to each other and had many mutual friends.

So, she went to jail and in the meantime, he was unable to come up with some documents and so go foward, it has been a couple of years, they have been separated over a year, but she won't sign the paperwork for divorce. They have no kids.

During the past year we started seeing each other, after 6 mos we moved in together, we've been very good friendds for at least 4 years. We have everything you can imagine, photos, we live together, we have the same phone bill, etc etc. I want to marry him.

He is coming up on his next court date and he still hasnt answered the request for more evidence.

He was going to voluntarily depart and I would go with him and we would marry overseas, because obviously we thought there was no chance of us being able to stay here. but, I am just wondering if there really is any chance? I don't really want to leave the US, if i have to I will but my whole family is here and job and home.

Any advice or similar cases?? I don't even know if it is possible.

[daru786]

Hi there. I am in need of some advice for my fiance. He has a very confusing case, which is all over the past 3 years. He came here on a work visa, the restaurant he was in was terrible so he left. After a while the police came and arrested him. He was engaged at the time to be married and he married after being arrested. He filed a marriage case and at the same time removal proceedings started. His first interview they both showed up, but they both needed an interpreter and he did not show up so they rescheduled. At this time, they got a new date and she was in an accident and didn't show up. They gave him one more court date. At this time he came in their home and found her with another man. He left the house and went to stay with a friend. During this time she called him constantly asking him for money, and even called the police. She had someone come and beat him up, it was really awful. We were just friends throughout this as we lived right next to each other and had many mutual friends.

So, she went to jail and in the meantime, he was unable to come up with some documents and so go foward, it has been a couple of years, they have been separated over a year, but she won't sign the paperwork for divorce. They have no kids.

During the past year we started seeing each other, after 6 mos we moved in together, we've been very good friendds for at least 4 years. We have everything you can imagine, photos, we live together, we have the same phone bill, etc etc. I want to marry him.

He is coming up on his next court date and he still hasnt answered the request for more evidence.

He was going to voluntarily depart and I would go with him and we would marry overseas, because obviously we thought there was no chance of us being able to stay here. but, I am just wondering if there really is any chance? I don't really want to leave the US, if i have to I will but my whole family is here and job and home.

Any advice or similar cases?? I don't even know if it is possible.

If he is out of status for more than a year, he will be subject to a 10 year ban to return to US if he leaves now. Best thing is to speak to a Divorce attorney, have his divorce finalized and then marry you and apply.
Also I would suggest him to speak to an immigration attorney for the upcoming interview date. You can find a few attorneys who give initial consultation for free. Take a couple of opinions. If you can't find one, let me know.
Good Luck!