Get married before you leave, than timely depart on your VD showing good faith for future immigration benefits and then have your wife file an I-130, once approved and cleared by NVC than apply for I-1601 waiver for extreme hardship waiver and I-212 permission to re-enter after having been deported. Getting the court to reopen your case is virtually impossible and departing on your VD and then attempting to come back with the briefly described options is the better route. You will need competent immigration counsel to help you with these complex steps. Trying to do this on your own and the cheap is like trying to perform open heart surgery on your own. Good luck.
More information is needed, but second option would be better, if possible.
Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
I agree, but the Immigration Court may deny the motion to re-open thereby converting the voluntary departure into a final deportation order. There may be other concerns, such as the ten year unlawful presence bar. However, a beneficiary who draws a deportation order may find it more difficult to seek a waiver of inadmissibility.
I strongly recommend an appointment with a competent and experienced immigration attorney, who can reasonably take the time to carefully discuss the risks of both strategies. This is better than hiring an attorney who will simply file the motion and risk the entry of a deportation order.
This is general information, not legal advice, and does not create an attorney client relationship.
I would recommend urgently consult immigration attorney with details of your case.
The above is intended as general information only and cannot be relied upon as legal advice. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore You should consult an attorney about your particular situation. (212)880-1538 Law Offices of Tsirina Goroshit is a Full Service Immigration Law Office, at 275 Madison Avenue, 4th Floor New York, NY 10016