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If my fiance is currently awaiting his second court date for removal proceedings, will our marriage cancel the court date?

Waukesha, WI |

He came here legally on a work visa in 2007 but did not leave when it expired, I am a legally born US citizen.

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Attorney answers 7


Your marriage will not cancel the court date. However, you should be filing an I-130 visa petition for him immediately then asking the judge to postpone proceedings until the decision is made on the visa.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


It will not cancel his court date, but it may provide him with relief from removal. Marriages entered into during removal proceedings may require some extra documentation, but you should meet with an immigration attorney directly to review the details of his case, including his full immigration and criminal history (if any) in order to determine whether he will be able to adjust his status in the US. Good luck! - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.


No. You will need to prove to the satisfaction of USCIS that you entered into the marriage based upon a bona fide relationship. I strongly recommend an appointment it teleconference with a competent and experienced immigration attorney as soon as possible. Our office practices at the immigration court (EOIR) at 525 W. Van Buren and Chicago USCIS. Good luck.

This is general information, not legal advice, and does not create an attorney client relationship.


No. It might help though, if it is bona fide

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


It will help him have a chance at winning his court case and obtaining permanent resident status through court but he will still need to go to court. Talk to an attorney located near the court where his case is. We are located near the Chicago immigration courts in downtown Chicago. Good luck!

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.


Like others have mentioned, a marriage alone will not stop removal. Your husband will need to adjust, presumably through a marriage petition. You should seek an attorney to make sure your husband can adjust and inform the court of the removal relief that is being sought.


As I'm sure my colleagues told you, no, getting married will not cancel the court date. You need an experienced immigration lawyer to work with you and your fiancé to get his removal proceedings terminated.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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