Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Marriage or deportation

Wikiposts

Marriage or deportation

Thread Tools
 
Old May 21st 2004, 11:06 pm
  #1  
John
Guest
 
Posts: n/a
Default Marriage or deportation

My daughters ex husband who is English did not leave the US after their
divorce and before his green card interview. Instead he renewed his word
permit knowing it to be wrong. Now one year later he has received a letter
from immigration that he has 30 days to leave the country or appeal, I seen
no grounds for appeal and don't know why he even has a right to one at this
stage and under the circumstances. He is now trying to get my daughter to
remarry him before the 30 day expires which is on May 28th, 2004. I am
right in thinking that would not work and the order to leave would be
invoked?



PS the original partition for his green card was denied due to the divorce.
 
Old May 22nd 2004, 4:51 am
  #2  
Hnchoksi
Guest
 
Posts: n/a
Default Re: Marriage or deportation

    >Subject: Marriage or deportation
    >From: "John" [email protected]
    >Date: 5/22/2004 7:06 AM Eastern Standard Time
    >Message-id: <[email protected]>
    > My daughters ex husband who is English did not leave the US after their
    >divorce and before his green card interview. Instead he renewed his word
    >permit knowing it to be wrong. Now one year later he has received a letter
    >from immigration that he has 30 days to leave the country or appeal, I seen
    >no grounds for appeal and don't know why he even has a right to one at this
    >stage and under the circumstances. He is now trying to get my daughter to
    >remarry him before the 30 day expires which is on May 28th, 2004. I am
    >right in thinking that would not work and the order to leave would be
    >invoked?
    >PS the original partition for his green card was denied due to the divorce.

She'd be a fool to do it...unless she likes to look at the world from behind
bars...which is where she might end up for fraud.
 
Old May 23rd 2004, 1:23 am
  #3  
A M
Guest
 
Posts: n/a
Default Re: Marriage or deportation

[email protected] (Hnchoksi) wrote in message news:<[email protected]>...
    > >Subject: Marriage or deportation
    > >From: "John" [email protected]
    > >Date: 5/22/2004 7:06 AM Eastern Standard Time
    > >Message-id: <[email protected]>
    > >
    > >
    > > My daughters ex husband who is English did not leave the US after their
    > >divorce and before his green card interview. Instead he renewed his word
    > >permit knowing it to be wrong. Now one year later he has received a letter
    > >from immigration that he has 30 days to leave the country or appeal, I seen
    > >no grounds for appeal and don't know why he even has a right to one at this
    > >stage and under the circumstances. He is now trying to get my daughter to
    > >remarry him before the 30 day expires which is on May 28th, 2004. I am
    > >right in thinking that would not work and the order to leave would be
    > >invoked?
    > >

well, if he is smart, hires good lawyer and remarries her, that will
be absolutely no problem for him to stay some technicalities
involved but he can do it

    > >
    > >
    > >PS the original partition for his green card was denied due to the divorce.
    > >
    > >
    >
    > She'd be a fool to do it...unless she likes to look at the world from behind
    > bars...which is where she might end up for fraud.

there is no fraud committed by her here, where is the fraud??? even if
she remarries him, where will be the fraud?
 
Old May 23rd 2004, 3:40 am
  #4  
Concierge
 
Rete's Avatar
 
Joined: Apr 2001
Posts: 46,473
Rete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond reputeRete has a reputation beyond repute
Default Re: Marriage or deportation

Originally posted by A M
there is no fraud committed by her here, where is the fraud??? even if
she remarries him, where will be the fraud?
It would be a marriage of convenience. A convenience for him to remain in the US. That is fraud. They would still have to show that their marriage was a comingling of their social and financial lives together.

Rete
Rete is offline  
Old May 23rd 2004, 8:27 am
  #5  
Forum Regular
 
Joined: Apr 2003
Posts: 163
AnnaV is an unknown quantity at this point
Default Re: Marriage or deportation

If I remember correctly, someone who has a deportation order cannot adjust status, even through marriage. I'm not sure if a notice to leave to country counts as such, though.

Originally posted by John
My daughters ex husband who is English did not leave the US after their
divorce and before his green card interview. Instead he renewed his word
permit knowing it to be wrong. Now one year later he has received a letter
from immigration that he has 30 days to leave the country or appeal, I seen
no grounds for appeal and don't know why he even has a right to one at this
stage and under the circumstances. He is now trying to get my daughter to
remarry him before the 30 day expires which is on May 28th, 2004. I am
right in thinking that would not work and the order to leave would be
invoked?



PS the original partition for his green card was denied due to the divorce.
AnnaV is offline  
Old May 23rd 2004, 8:52 am
  #6  
Amanda
Guest
 
Posts: n/a
Default Re: Marriage or deportation

[email protected] (A M) wrote in message news:<[email protected]. com>...
    > [email protected] (Hnchoksi) wrote in message news:<[email protected]>...
    > > >Subject: Marriage or deportation
    > > >From: "John" [email protected]
    > > >Date: 5/22/2004 7:06 AM Eastern Standard Time
    > > >Message-id: <[email protected]>
    > > >
    > > >
    > > > My daughters ex husband who is English did not leave the US after their
    > > >divorce and before his green card interview. Instead he renewed his word
    > > >permit knowing it to be wrong. Now one year later he has received a letter
    > > >from immigration that he has 30 days to leave the country or appeal, I seen
    > > >no grounds for appeal and don't know why he even has a right to one at this
    > > >stage and under the circumstances. He is now trying to get my daughter to
    > > >remarry him before the 30 day expires which is on May 28th, 2004. I am
    > > >right in thinking that would not work and the order to leave would be
    > > >invoked?
    > > >
    >
    > well, if he is smart, hires good lawyer and remarries her, that will
    > be absolutely no problem for him to stay some technicalities
    > involved but he can do it
    >
    > > >
    > > >
    > > >PS the original partition for his green card was denied due to the divorce.
    > > >
    > > >
    > >
    > > She'd be a fool to do it...unless she likes to look at the world from behind
    > > bars...which is where she might end up for fraud.
    >
    > there is no fraud committed by her here, where is the fraud??? even if
    > she remarries him, where will be the fraud?

A moral fraud, if she remarries him just for the sake of his GC. If
he nmarried her for GC to begin with, she would know that this
remarrying is temporary too but people do it. Some looks at it as
"what have I got to lose if he foot my bills while married"?
 
Old May 23rd 2004, 11:39 am
  #7  
A M
Guest
 
Posts: n/a
Default Re: Marriage or deportation

Rete <member167@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by A M
    > > there is no fraud committed by
    > her here, where is the fraud??? even if
    > > she remarries him, where will
    > be the fraud?
    >
    > It would be a marriage of convenience. A
    > convenience for him to remain in the US. That is fraud. They would
    > still have to show that their marriage was a comingling of their social
    > and financial lives together.


why?? what if they fell in love again after divorce? "They would", i
do not think here that the burden of proof is on them. It might be of
course, but if they really fell in love again and hired the right
attorney they will win everybody know what kind of people work for
INS adjudications I'm pretty sure that if you have some brains and
especially if you have money for an experienced attorney you can
easily show INS that "their marriage was a comingling of their social
and financial lives together", especially if your involve your
representative/senator somewhere along the way.


No indications of fraud here, not even close. INS might be suspicious,
but so what. No outright fraud has been committed. And, it does not
look like he crossed the 180/360 days ban line, if he received the
request for voluntarily departure

    >
    > Rete
 
Old May 23rd 2004, 12:04 pm
  #8  
Joachim Feise
Guest
 
Posts: n/a
Default Re: Marriage or deportation

A M said on 5/23/2004 16:39:

    > Rete <member167@british_expats.com> wrote in message news:<[email protected]>...
    >
    >>Originally posted by A M
    >>>there is no fraud committed by
    >> her here, where is the fraud??? even if
    >>>she remarries him, where will
    >>be the fraud?
    >>It would be a marriage of convenience. A
    >>convenience for him to remain in the US. That is fraud. They would
    >>still have to show that their marriage was a comingling of their social
    >>and financial lives together.
    >
    >
    >
    > why?? what if they fell in love again after divorce? "They would", i
    > do not think here that the burden of proof is on them.

It is...
 
Old May 24th 2004, 1:47 am
  #9  
Forum Regular
 
Joined: Feb 2004
Posts: 107
jamie01 has a brilliant futurejamie01 has a brilliant futurejamie01 has a brilliant futurejamie01 has a brilliant futurejamie01 has a brilliant futurejamie01 has a brilliant futurejamie01 has a brilliant future
Default Re: Marriage or deportation

With the deadline to leave being so close, I doubt if one can prove that convenience is not a factor. INS has lot more lawers and resources than the general public. Chances are this may not be the first time INS has seen cases like this.

It would be wise for her to think through the options and possible consequences carefully BEFORE getting into an arrangement like this. If she intends to go through with this, have her consult with an experienced attorney to carefully explore legal imiplications!

Good luck

Originally posted by John
My daughters ex husband who is English did not leave the US after their
divorce and before his green card interview. Instead he renewed his word
permit knowing it to be wrong. Now one year later he has received a letter
from immigration that he has 30 days to leave the country or appeal, I seen
no grounds for appeal and don't know why he even has a right to one at this
stage and under the circumstances. He is now trying to get my daughter to
remarry him before the 30 day expires which is on May 28th, 2004. I am
right in thinking that would not work and the order to leave would be
invoked?



PS the original partition for his green card was denied due to the divorce.
jamie01 is offline  
Old May 24th 2004, 2:29 am
  #10  
@matthewb76
 
Manc's Avatar
 
Joined: Jul 2003
Location: Missouri
Posts: 21,886
Manc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond reputeManc has a reputation beyond repute
Default Re: Marriage or deportation

Originally posted by John
My daughters ex husband who is English did not leave the US after their
divorce and before his green card interview. Instead he renewed his word
permit knowing it to be wrong. Now one year later he has received a letter
from immigration that he has 30 days to leave the country or appeal, I seen
no grounds for appeal and don't know why he even has a right to one at this
stage and under the circumstances. He is now trying to get my daughter to
remarry him before the 30 day expires which is on May 28th, 2004.
I think he's got a *****ing cheek if you ask me. But that's just MHO.........hopefully the INS see it the same way
Manc is offline  
Old May 24th 2004, 3:34 pm
  #11  
A M
Guest
 
Posts: n/a
Default Re: Marriage or deportation

manc1976 <member13268@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by John
    > > My daughters ex husband who
    > is English did not leave the US after their
    > > divorce and before his
    > green card interview. Instead he renewed his word
    > > permit knowing it
    > to be wrong. Now one year later he has received a letter
    > > from
    > immigration that he has 30 days to leave the country or appeal, I seen
    > >
    > no grounds for appeal and don't know why he even has a right to one at
    > this

why no grounds for appeal? if he successfully remarries, here you go,
he has the grounds. especially if he proves that his old-new wife will
face hardships if he is deported not too difficult, especially if
he has some money to spend on the good lawyer. he can even go in front
of BIA (or whatever they are called now) and make his case

    > > stage and under the circumstances. He is now trying to get my
    > daughter to
    > > remarry him before the 30 day expires which is on May
    > 28th, 2004.
    > I think he's got a *****ing cheek if you ask me.
    > But that's just MHO.........hopefully the INS see it the same way
 
Old May 24th 2004, 3:37 pm
  #12  
A M
Guest
 
Posts: n/a
Default Re: Marriage or deportation

Joachim Feise <[email protected]> wrote in message news:<[email protected]>...
    > A M said on 5/23/2004 16:39:
    >
    > > Rete <member167@british_expats.com> wrote in message news:<[email protected]>...
    > >
    > >>Originally posted by A M
    > >>
    > >>>there is no fraud committed by
    > >>
    > >> her here, where is the fraud??? even if
    > >>
    > >>>she remarries him, where will
    > >>
    > >>be the fraud?
    > >>
    > >>It would be a marriage of convenience. A
    > >>convenience for him to remain in the US. That is fraud. They would
    > >>still have to show that their marriage was a comingling of their social
    > >>and financial lives together.
    > >
    > >
    > >
    > > why?? what if they fell in love again after divorce? "They would", i
    > > do not think here that the burden of proof is on them.
    >
    > It is...

Thank you. But still, he can prove that, right, just gather some
evidence and hire good attorney Or he can go to BIA (don't know the
current name) and claim extreme hardship for his old-new wife if he is
deported can't he?, especially if he is ready to shed a few K for a
real legal specialist. the key issue, does he have enough influence
over her to have her marry him again, if he does, you'll need small
nuke to take him out of this country ))))))))))
 
Old May 24th 2004, 3:39 pm
  #13  
A M
Guest
 
Posts: n/a
Default Re: Marriage or deportation

[email protected] (Amanda) wrote in message news:<[email protected] om>...
    > [email protected] (A M) wrote in message news:<[email protected]. com>...
    > > [email protected] (Hnchoksi) wrote in message news:<[email protected]>...
    > > > >Subject: Marriage or deportation
    > > > >From: "John" [email protected]
    > > > >Date: 5/22/2004 7:06 AM Eastern Standard Time
    > > > >Message-id: <[email protected]>
    > > > >
    > > > >
    > > > > My daughters ex husband who is English did not leave the US after their
    > > > >divorce and before his green card interview. Instead he renewed his word
    > > > >permit knowing it to be wrong. Now one year later he has received a letter
    > > > >from immigration that he has 30 days to leave the country or appeal, I seen
    > > > >no grounds for appeal and don't know why he even has a right to one at this
    > > > >stage and under the circumstances. He is now trying to get my daughter to
    > > > >remarry him before the 30 day expires which is on May 28th, 2004. I am
    > > > >right in thinking that would not work and the order to leave would be
    > > > >invoked?
    > > > >
    > >
    > > well, if he is smart, hires good lawyer and remarries her, that will
    > > be absolutely no problem for him to stay some technicalities
    > > involved but he can do it
    > >
    > > > >
    > > > >
    > > > >PS the original partition for his green card was denied due to the divorce.
    > > > >
    > > > >
    > > >
    > > > She'd be a fool to do it...unless she likes to look at the world from behind
    > > > bars...which is where she might end up for fraud.
    > >
    > > there is no fraud committed by her here, where is the fraud??? even if
    > > she remarries him, where will be the fraud?
    >
    > A moral fraud, if she remarries him just for the sake of his GC. If

well, there is no such legal term as moral fraud. next thing somebody
says that you commit moral fraud if you don't support GW haha

    > he nmarried her for GC to begin with, she would know that this
    > remarrying is temporary too but people do it. Some looks at it as
    > "what have I got to lose if he foot my bills while married"?

hundreds thousands of foreigners do it every year, so what is the
problem here
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.