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pakiman
02-01-2008, 05:59 PM
Hello All,
Just a quick question. I know someone who has been working and paying taxes for the last 11 years and has accumulated 40 credits on his social sec statement. He is married for three years but I-485 is still pending.
Now the wife wants to leave him.
ANYONE please tell us what are his chances and what to do.
In case you are wondering...he got work when he came here as a tourist (HOW?) and has paid all taxes. He only got work permit after marriage though. Also he was put in removal proceddings before his marriage.
Will the work history be of any help if the wife backs out now?
Thanks for your advise.

dianna832
02-01-2008, 06:54 PM
Where was the I-485 filed? You stated he got married after he was put into removal proceedings, so the I-485 is pending to be approved by an immigration judge? I'm I correct? If so, he will need to prove a bona fide marriage which is considered fraudulent if it occured after proceedings commenced. Also, he will have to prove extreme hardship to a USC before the judge, but without a wife I don't see that happening. UNLESS, he is eligible for the releif of Cancellation of Removal which is extremely difficult to achieve. I would suggest find a really good lawyer capable of representing him in the courts.

Anyone- correct me if I'm wrong!

pakiman
02-01-2008, 08:56 PM
Yes, there is going to be a master hearing in May with the Judge.
The marriage is real and they were happy but then the wife's family has been demanding things and favors a lot lately. also two of the wife's family members are in prison!!! and a third one recently got a misdemenor!
My question is
Working and paying taxes for 11 years ...is any help or not... and how?

dianna832
02-01-2008, 09:29 PM
I believe his work history helps, but without the wife, its no use... you might want to take a glance at the Immigration Courts forum..

JennyM
02-01-2008, 11:36 PM
Working and paying taxes for 11 years ...is any help or not... and how?

Doesn't matter that he's paying taxes. If he's an overstay and they are trying to deport him, it wont' matter and if the wife doesn't vouch for him I really don't see what he can do. You best best is to have him see a lawyer BEFORE he goes to court. I would suggest Laurel Scott.