I am traveling to San Diego in a few days, I am currently married to a US citizen, however, we just started the paperwork for my legalization, I came into the country legally, but my visa has expired.
Can the INS detain me and sent me back to my country?
2006-08-25 12:27:45 · 18 answers · asked by MATADOR 2 in Politics & Government ➔ Immigration
I married my husband before my visa expired. But we are sending the papers to The INS next week. However, I will be going to San Diego this weekend.
2006-08-25 12:36:35 · update #1
pretty sure you can. your supposed to be in Mexico for a whole year during the paper work process.
2006-08-25 12:31:32 · answer #1 · answered by Anonymous · 0⤊ 1⤋
I think you could be deported and your permanent visa will be delayed more than usual. If you have just started the paperwork I would strongly suggest trying to renew your visa. It will take a while for your permanent visa. I flew to China in Feb. and got married and we are still waiting for her visa. At best I think it will be sometime in October before we get it. Keep in mind that being married to a U.S. citizen does not immediately make you legal.
2006-08-25 19:36:49 · answer #2 · answered by xox_bass_player_xox 6 · 1⤊ 0⤋
According to INS, " If the alien enter in to the US. with inspection and now married to US. citizen, the alien can remain in the US. to adjust".
That mean you don't have to go back to your country to get the paper works. You do have to show your passport and I-94 card showing valid entry to the U.S.
Even thought you are illegal alien, they will let you stay here while your spouse files I-130 and you file two signed G-325A, I-485, I-765, I-864, I-864A, I-485A with $1,000 penalty, and I-693
So don't worry, you are just fine. Make sure you have all the papers ready. Welcome to America ! I know it's few years too late, but you will be regal resident real soon.
2006-08-25 20:43:40 · answer #3 · answered by novak-9 4 · 0⤊ 0⤋
If you have have documentation of your marriage while you were here on your visa then I do not think they can deport you. You need to make sure you renew your status soon as possoble. I hate the INS system I think it should be changed though. When you do show proof of your marriage they will sometime make sure your marriage is for real and maybe take a little longer. I think after they check you out you can file for a green card.
2006-08-25 19:36:10 · answer #4 · answered by Matt L 1 · 1⤊ 0⤋
no, you have your marriage certificate. You may have a receipt number from the INS that indicates that the paper work is on the works. Don't worry, my wife did the same thing.
One thing is that you cant travel to your country until everything is done, or if you get permission to travel.
2006-08-25 19:30:40 · answer #5 · answered by ? 3 · 0⤊ 0⤋
No, you wouldn't be deported even if you were not married to a US citizen. There hasn't been anyone deported on expired visa. The only deported ones are the murderers, drug-dealears, rapists etc.
And over 99% of all illegals are not criminals.
2006-08-25 20:32:14 · answer #6 · answered by bunt 3 · 0⤊ 1⤋
Yes. Why does going to San Diego change anything?
2006-08-25 19:53:01 · answer #7 · answered by DAR 7 · 0⤊ 1⤋
yes. But if you are caught, have your spouse bail you out $7000.00 and plea to the judge to let you leave voluntarily. That way it wont be deportation, and you wont have to wait the 10 years before you can apply. You would get the $7000.00 back after the court hearing. You will have to go back to your country to await your visa anyway, if they let you leave voluntarilly you would just go a little early.
2006-08-25 20:23:25 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Watch out. If you tell these people you're from Mexico they will deport you regardless of you attempts to be legal. I find it easier to be illegal . Isn't the USA great if you know how to milk the system. Come on Americans you're just jealous because I know how to get free stuff and you don't. Not all hispanos are as dumb as you think.
2006-08-25 19:37:05 · answer #9 · answered by Popi 2 · 0⤊ 1⤋
Maybe,............. but if you can prove your marriage is legal you should not have a problem, I suggest you wait till you get all your paperwork correct, then go and visit San Diego
2006-08-25 19:34:46 · answer #10 · answered by elvenlike13 3 · 0⤊ 1⤋
If you visa has expired, yes. Your visa allows you to spend a certain amount of time in this country. The time span is the length of time the visa is valid. If you allow your visa to expire, you become illegal if you are still in this country.
2006-08-25 19:33:31 · answer #11 · answered by volleyballchick (cowards block) 7 · 1⤊ 2⤋