Immigration Deportation rights for my wife? Colorado Court Possible outcomes?

Question

My wife, who I have a child with now, entered into the United States November 2006 legally on a K-3 visa. May of 2007, I still was not married, we applied for adjustment of status. We were denied. I then got her pregnant, stepped up to the plate and married her. I filed for I-130 Petition for Alien reletive. That was approved. Now, I am on the final steps to move forward for an interview, but because she was denied, previously, we have a court hearing for deportation on July 31st in Denver. If we are married and have a child, will they still make her go back to Thailand, or are we going to get and extension, or what are the possible outcomes from the court decision? I am worried that I am going to have to move to Thailand, and abandon everything that I have going for me in America behind.

Answer 1

The K-1 only allows a period of 90 days to get married. I assume you are the initial petitioner. If you are not the initial petitioner she won't be able to stay.

You really need a good lawyer, your local Catholic Social Services is a good bet, they have high quality lawyers and charge according to income. You don't need to be a Catholic to use them. Just look up their number in your local phone book or look online.

Answer 2

Marriage  and having a child do not carry much weight any more with the Immigration department. Too many people take that tactic just to try and circumvent the rules.

If you were not married you should have filed the K1 visa since the K3 is for a wife.

It appears everything you did was incorrect from the beginning. If you do not have an immigration attorney, you better get one.

Be prepared to explain why you lied on the K3 when you were not married.