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DAP Forums > DREAM Act > The Lounge

Marrying a USC? - Page 4

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#31
05-22-2017, 06:24 PM
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Quote:
Originally Posted by Demise View Post
...If I'm lucky I'll strike gold and they misspelled my name on the NTA or something. Otherwise I'll try a joint motion to reopen and if that fails there's a pretty convoluted argument for reopening the proceedings before the court. It's going to be a ride.
I assume the NTA was issued in a liberal district?
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#32
05-22-2017, 06:47 PM
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If it's meant to be he will understand and not even care about your status. I was in the same boat as you are now. I arrived to US as a baby; 1986 y'all and once I learned about my status (college applications) I shared that with anyone, not even my closest friends. When I met my husband, it took my over 3 yrs to finally open up about my status; hence, DACA didn't even exist, so it was definitely a scary and life changing moment for me. It could have gone either way, but I felt I knew him well enough to open up to him about it. And if he really did love me, like I loved him, this really wouldn't mean anything in our relationship other than knowing one day he would petition me. And move on as a happy married couple. Trust your gut instinct! Good luck 😊
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#33
05-22-2017, 07:03 PM
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Quote:
Originally Posted by Demise View Post
You do I-601A for consular processing, not I-485 (adjustment). The case has to be strong anyways. Also I-601A needs a USC/LPR spouse/parent, children can't get their kids I-601A's.

I FOIA'd the Immigration Courts to see what they have (since proceedings took place in 2004). Arguments will be based mainly on what they have. If I'm lucky I'll strike gold and they misspelled my name on the NTA or something. Otherwise I'll try a joint motion to reopen and if that fails there's a pretty convoluted argument for reopening the proceedings before the court. It's going to be a ride.

After that I-601A will be used as an argument for termination, at point of which I'll change my mind and do AP instead.
my bad its i601, without the A. he was able to adjust here.
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#34
05-22-2017, 10:34 PM
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Quote:
Originally Posted by onlybee View Post
If it's meant to be he will understand and not even care about your status. I was in the same boat as you are now. I arrived to US as a baby; 1986 y'all and once I learned about my status (college applications) I shared that with anyone, not even my closest friends. When I met my husband, it took my over 3 yrs to finally open up about my status; hence, DACA didn't even exist, so it was definitely a scary and life changing moment for me. It could have gone either way, but I felt I knew him well enough to open up to him about it. And if he really did love me, like I loved him, this really wouldn't mean anything in our relationship other than knowing one day he would petition me. And move on as a happy married couple. Trust your gut instinct! Good luck 😊
Aww that's great! Yeah I'm planning on telling him. I feel like I've hidden it for too long. Thanks!
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#35
05-22-2017, 10:35 PM
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Well this is a bridge that you have to cross eventually and its better before you get married, give him a few days to stomach it, and then plan what you need to do.

If you entered US legally (visa or advance parole) then you just file an AOS packet.
If you entered US illegally then you'd need to AP and then adjust.
If you entered US legally but have a removal order then you'll need a Motion to Reopen and Terminate, then AOS (unless your last entry was on AP in case of which just adjust ignoring the court).

If you entered US illegally and have a removal order then well, MTR&T followed by AP or I-601A. Kinda the boat I am in which makes me treat xanax like they're lifesaver candy.
Thanks for the advice! I actually came to US legally but overstayed.
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#36
05-22-2017, 10:36 PM
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same boat here, but i have ewi. so i figured theres no point in telling till i clear that anyways.lol
Aww man! Good luck to both of us! Hopefully you get that cleared soon!
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#37
05-23-2017, 11:22 AM
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I assume the NTA was issued in a liberal district?
Nope, in fucking Arizona. Both the courts and ICE in Arizona are utter assholes. Law isn't really on my side here even unless I get creative. I feel like I might have to file an MTR, appeal to the BIA, and then get a remand from the 9th circuit. I have some ideas as what to write but the issue is that I need to know what's in the damn file. Technical reasons are the best as they aren't disputable, outside that you have joint motions and sua sponte...


There's a bunch of reasons why I don't talk to my family and that's the corn kernel atop of the turd.

Like you know, okay fine, shit happens but they scratched their asses for 8 years until my stepfather couldn't renew his driver's license, they hired some quack that got disbarred a year later who did nothing. They wanted to kick me out since I was fucking 16, and I heard that they might lend me money for my case. You fucked it up royally, whatever the lawyer asks you should bring in your teeth on your knees.

I will claw my way through this but these assholes are never getting legal in their lives, also will probably sue them for damages later.
Last edited by Demise; 05-23-2017 at 11:26 AM..
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#38
05-23-2017, 11:23 PM
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Quote:
Originally Posted by Demise View Post
Nope, in fucking Arizona. Both the courts and ICE in Arizona are utter assholes. Law isn't really on my side here even unless I get creative. I feel like I might have to file an MTR, appeal to the BIA, and then get a remand from the 9th circuit. I have some ideas as what to write but the issue is that I need to know what's in the damn file. Technical reasons are the best as they aren't disputable, outside that you have joint motions and sua sponte...


There's a bunch of reasons why I don't talk to my family and that's the corn kernel atop of the turd.

Like you know, okay fine, shit happens but they scratched their asses for 8 years until my stepfather couldn't renew his driver's license, they hired some quack that got disbarred a year later who did nothing. They wanted to kick me out since I was fucking 16, and I heard that they might lend me money for my case. You fucked it up royally, whatever the lawyer asks you should bring in your teeth on your knees.

I will claw my way through this but these assholes are never getting legal in their lives, also will probably sue them for damages later.
Now I understand your cause. That is definitely a difficult situation, and of course knowing what is in the A-file is paramount. I can see why you are already expecting denied motions initially.

On joint motions, I can say I have heard of only two situations that have worked. One included ICE agreeing to jointly terminate proceedings for an individual given an order of removal because of a parent. They would only agree to terminate if the primary individual(the parent) left voluntarily. One final situation involved individuals involved in a scam. Some of the individuals had deportation orders, but ICE agreed to jointly terminate proceedings while they investigated the case.

On sua sponte, I think you might have a better shot, but seems precarious. It gives multiple options and openings to eventually appeal to the 9th.

That is quite the shit storm, I assume you will use ineffective counsel(disbarred counsel) for the MTR?
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#39
05-24-2017, 01:25 AM
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Totally understand your struggle! Had the same issue with my boyfriend. You know they love you, but the fear of their reaction is REAL. I personally pushed back the talk for as long as I could, but when Trump won, I had to tell him. Now happily married. Just had our interview yesterday and had our case approved. If he loves you, all will be well. Go get it girl.
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#40
05-24-2017, 07:32 AM
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Quote:
Originally Posted by Dreamer91 View Post
Totally understand your struggle! Had the same issue with my boyfriend. You know they love you, but the fear of their reaction is REAL. I personally pushed back the talk for as long as I could, but when Trump won, I had to tell him. Now happily married. Just had our interview yesterday and had our case approved. If he loves you, all will be well. Go get it girl.
Aww congrats girl! Thanks for the advice!
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