I am trying to marry my fiance who is in deportation status. What do I need to do to stop her deportation?

Question

I am a US Citizen and she is a Mexican Citizen. and we have been together for several years. She is here on a H1-B work visa. Her visa expired and INS said they would not renew it and told her that she has until Oct to leave the country or she will be deported. We planned to move up our wedding to before the deportation to try and keep her here. Our goal is not for her to get her citizenship, but for her to complete her Masters Degree here in the US and then we will both be moving to Mexico (where I get to go through my whole green-card status there).

I will be getting our marriage license soon, but what other paperwork would I need to stop the deportation status for her? She had a immigration lawyer, but he was useless and had her doing the wrong things for her renewal (hence it being denied).

Answer 1

Go with her... If you really love her..It's the thing to do.

Answer 2

There is no magical solution to this problem. If there was then deportation proceedings would be useless.

USCIS has denied her application and begun the deportation process. Short of appealing the decision (not at all connected to your marriage) there is nothing you can do to change this situation.

The Immigration and Nationality Act (INA) Section 240.(c).(6) covers the motions to reconsider a removal decision.

It states you have 30 days from the entry of a removal decision to appeal such a decision.

Answer 3

She's here under the wrong visa.  If she's enrolled in college, have her university's office for international students help her get a student visa.

***edit***

I don't think you are going to be able to stop a deportation under these circumstances.  I'm sorry.

Answer 4

You can't stop her deportation, marriage wont change it.

Answer 5

She should leave the country before that deadline and then apply for a new student visa.  If she is accepted to the University, their lawyers might be able to advise her on what paperwork she'll need to prove that she's a student.  As long as she is not currently illegal, she should have no problems coming back as a student.  People do that all the time!

Edit: The wait for student visas in Mexico City (for example) is 2 days right now, though it could be longer (up to 30 days, it seems).  I suggest that she should get all her paperwork together, and then travel to Mexico about 5 weeks before her school courses are supposed to start.  So she should probably go soon to make sure she doesn't miss the beginning of classes in August (assuming that's when you start.)  She will probably just be there for a few days, but it could be up to a month, apparently.  

Another option is for you to get married before that date and then submit an I-130 and I-485 for her to change her status to permanent resident based on your marriage.  Once this is placed, she can legally stay in the US and will most likely get a work authorization 30 days after filing it.  I don't personally think this is a good option for you guys, though, because she doesn't want to be a permanent resident of the US.

Answer 6

Well, I think I'd start by getting a new attorney. Not all of them are bad by any means. I'm not sure you are correct about her being in deportation proceedings. Are you saying she had an official hearing before an immigration judge in an immigration court? Or did she just see an adjudicator who refused to renew her visa. Did she get voluntary departure? I'd take whatever you have from USCIS on her immigration status and get a qualified opinion on her situation before leaving the US,unless of course you both want to live in Mexico.

Answer 7

Go with her.  There are universities in Mexico where she can complete her Masters Degree.

Answer 8

don't play with fire .dude once she  gets what she wants ,u be like a lot of people I know .she is using u .

my own experience.