90 Day Fiance: Happily Ever After couple Ashley Martson and Jay Smith have no shortage of drama in their lives — both real and fake. Amidst rather unbelievable reports that Jay has gotten another woman pregnant and the two are headed for divorce (again), new documents indicate that the couple may have an actual, real problem. The Department of Homeland Security issued a warrant for Jay’s arrest, and he now has a court date scheduled next month to face charges of over-staying his K-1 visa!
The documents were posted by 90 Day Fiance Instagrammer John Yates early this morning, and include an arrest warrant as well as a Notice to Appear.
JAY SMITH ARREST WARRANT
The arrest warrant is not very recent as it was issued (and served) on February 4. Here are the pertinent parts from the warrant:
To: Any immigration officer authorized pursuant to sections 236 and 287 of the Immigration and Nationality Act and part 287 of title 8, Code of Federal Regulations, to serve warrants of arrest for immigration violations.
I have determined that there is probable cause to believe that Conroy Smith is removable from the United States. This determination is based upon:
• the execution of a charging document to initiate removal proceedings against the subject;
• biometric confirmation of the subject’s identity and a records check of federal databases that affirmatively indicate, by themselves or in addition to other reliable information, that the subject either lacks immigration status or notwithstanding such status is removable under U.S. immigration law; and/or
• statements made voluntarily by the subject to an immigration officer and/or other reliable evidence that affirmatively indicate the subject either lacks immigration status or notwithstanding such status is removable under U.S. immigration law.
YOU ARE COMMANDED to arrest and take into custody for removal proceedings under the Immigration and Nationality Act, the above-named alien.
The document indicates that the warrant was served to Jay on February 4.
JAY SMITH’S NOTICE TO APPEAR FOR DEPORTATION HEARING
John Yates also posted a Notice To Appear for Jay’s scheduled court date before an immigration judge on May 8. Here are the pertinent parts of that document:
You have been admitted to the United States, but are removable for the reasons stated below:
The Department of Homeland Security alleges that you:
1. You are not a citizen or national of the United States;
2. You are a native of JAMAICA and a citizen of JAMAICA;
3. You were admitted to the United States at Baltimore, MD on or about March 6, 2018 as nonimmigrant (K1) with authorization to remain in the United States until June 3, 2018;
4. You remained in the United States beyond June 3, 2018 without authorization from the Immigration and Naturalization Service or its successor the Department of Homeland security.
On the basis of the foregoing, it is charged that you are subject to removal from the United States pursuant to the following provision(s) of law:
Section 237(a) (1) (B) of the Immigration and Nationality Act (Act), as amended, in that after admission as a nonimmigrant under Section 101(a) (15) of the Act, you have remained in the United States for a time longer than permitted, in violation of this Act or any other law of the United States.
YOU ARE ORDERED to appear before an immigration judge of the United States Department of Justice at: 900 Market Street Suite 504 Philadelphia PA 19107. EOIR Philadelphia, PA on May 8, 2019 at 1:00 PM to show why you should not be removed from the United States based on the charge(s) set forth above.
WHAT DO THESE DOCUMENTS MEAN? WHY IS JAY IN TROUBLE?
The way that the K-1 visa process works is that a couple establishes that they have a legitimate relationship in order to have their K-1 visa approved. Once the visa is approved, then the person from another country is allowed to travel to the United States, at which point he or she and his or her spouse have 90 days to get married, or the visa expires and the person must return to his or her home country.
In the couple does get married, they must then file an Adjustment of Status to enable the non-US citizen to remain in the country legally beyond the K-1 visa’s initial deadline.
These documents indicate that one of three situations has occurred, resulting in Jay remaining in the US illegally:
1. The couple didn’t get married within the 90 days, thus nullifying the K-1 visa. (According to the marriage certificate posted by Ashley, they were officially married on May 16 — well before the June 3 deadline. We’ve had no indication that the marriage certificate was false. Clearly, the couple DID get married, or else they wouldn’t have been able to pull that stunt where they filed for divorce and withdrew the filing shortly thereafter. )
#90DayFiance It was "leaked" earlier today that Ashley filed for divorce from Jay on January 11, but we just spoke with a court rep who tells us she withdrew the complaint yesterday. Hmmmmmm… 🤔 Are we being frauded? https://t.co/Zzcc7W6W37
— Starcasm (@starcasm) January 23, 2019
2. Jay and Ashley forgot to file the Adjustment of Status paperwork.
3. Jay and Ashley did file the Adjustment of Status paperwork, but it was denied.
Option one seems unlikely. Option three is certainly the worst case scenario, but my money is on option two. My guess is that they did not file the paperwork (perhaps intentionally?) and they probably corrected that error soon after Jay’s warrant was served in February. That is purely speculation on my part, however.
WILL JAY BE DEPORTED?
It’s impossible to answer this question — that’s why there is a hearing scheduled. Is Jay at risk of being deported? Absolutely!
An immigration attorney responded to a post about the documents on the /90DayFiance subreddit and opened himself up to an AMA. Here are some examples of questions and the responses by u/miguelheras:
INITIAL POST: It’s a Notice To Appear (NTA). It is a charging document in immigration court. This is for the respondent to appear in immigration court and then they have to enter pleadings by either admitting or denying the allegations and conceding or challenging the charge of removability. It doesn’t mean that the person will be deported because they are given the opportunity to enter a form of relief, basically a defense to show why they should not be deported. I’m an immigration attorney AMA! LoL.
Q: Does this in any way imply that jay does/doesn’t have his green card already?
A: From what the NTA says, it seems that he entered on the K-1 visa but stayed beyond the 90 day period he was permitted. Meaning that he didn’t get married in that time and didn’t leave the United States, making him deportable. So no green card!
Q: That’s super interesting because the show made it seem like they did it within the 90 days!
A: They could have had a legal marriage and just never filed the adjustment of status paperwork. This would make him be in the USA without lawful status (basically “illegal” as too many people say). Maybe they did file the adjustment of status paperwork and it was denied. That’s another possibility. The NTA however makes it seem like he violated the terms of the K-1 visa, making him deportable.
#90DayFiance Are Ashley and Jay still together? Why did they have at least 3 weddings, and why was Natalie at the one in Las Vegas?! We try to break down all the "evuhdense" to figure out what is true and what isn't about their story lines this season. https://t.co/ptIKAfVi62
— Starcasm (@starcasm) December 31, 2018
Q: How long after getting married do you have to file the AOS? So you have 90 days to marry then a period to file? Or do you have to file within the 90 days?
A: It’s a good idea to have the paperwork for the adjustment of status filed in the 90 day period so that the applicant does not fall out of status. The K-1 visa cannot be extended, and if you fail to apply for the adjustment of status before the K-1 expires, then you are in the United States without permission and subject to removal. This can be cured by filing the paperwork ASAP and since the applicant is the spouse of a United States citizen, certain periods of unlawful presence can be forgiven.
Q: Wow! I really wanted an immigration attorney to weigh in on this – so thank you. I figure they will wriggle out of this somehow….
A: His court hearing is in May. It will be what’s known as a master calendar hearing. It’s basically a preliminary hearing where the immigration judge reads you your rights and puts you on notice about your responsibilities, and you have the opportunity to enter pleadings to the NTA. In my experience, most people ask for a continuance to have time to look for an attorney and it is usually granted. I’m not familiar with the court calendar where they’re at, but it could be several months before he has to go back to court again for a second master calendar hearing. So he isn’t going anywhere anytime soon. Maybe TLC will film this for the drama.
A: They still can wriggle out of it. They would have to file the adjustment of status ASAP and show the immigration judge evidence that they filed. They might have some unlawful presence issues to deal with that would require a waiver. If we had dates for everything we would be able to know. Immigration court is extremely complicated and a lot of things can happen.
IS THIS WHAT ASHLEY HAS BEEN SO UPSET ABOUT OVER THE LAST FEW DAYS?
In case you missed it, Ashley has been a complete mess on social media lately. On Instagram she recently wrote in her story: “It’s all fun and games until your ass gets deported. Have fun at the strip club with MY money and MY car you’re driving around without a license!” She tagged Jay in the post and added “Bye Felecia” and “cancelled.”
Ashley also went after her 90 Day Fiance: Happily Ever After co-star Nicole Nafziger. Nicole wrote “They aren’t very good at keeping secrets before the season starts,” along with an eyeroll emoji. Ashley responded with an escalated clapback:
@alwayssnicole Maybe if your husband was around you would get sick of his sh*t and post out of frustration. This has nothing to do with the season that’s about to air. You’re the laughing joke of TLC, everyone knows he doesn’t want you and that’s why he keeps getting denied to come here. So don’t even go there.
Ashley later regretted her decision and apologized to Nicole, which Nicole reportedly accepted. Ashley then apologized to her fans:
Ashley also posted a series of videos to her story looking a bit unrested as she offered additional apologies and explained again that none of us have any idea what she’s going through right now.
So is the risk of Jay’s deportation what Ashley is “going through” right now? He was served with the warrant more than two months ago, so that doesn’t seem to fit at all.
As I stated above, there are reports (and alleged text messages, and even a sonogram) that Jay got some woman pregnant. Could that be what Ashley is referencing? I have no idea. Ashley and Jay have lied so many times before — and later even boasted about it — that there’s no telling what is going on. If it really is something serious, then it’s certainly not my fault that I’m unable to sympathize with the girl and boy who cried wolf so many times before.
WHAT IS NEXT FOR JAY AND ASHLEY?
Ashley seems to indicate that she and Jay are no longer together, but that wouldn’t be the first (or second time) she has suggested that was the case. Regardless of their relationship status, Jay’s immigration status is on the line, and his hearing is scheduled for May 8. As the immigration attorney stated on reddit, there is a very good chance that he will ask for and receive a continuance, so his status will more than likely remain up in the air for months to come.
Speaking of Jay’s hearing, I simply cannot imagine that all of his and Ashley’s shenanigans will play well in front of an immigration judge. Are they seriously going to try to tell the judge that they filed for divorce just to add drama to their story line on a reality show? Will they play the footage from 90 Day Fiance in which Jay admits to flirting with another woman on Tinder?
Also, Jay is reportedly doing tattoos for money. Is that even legal if his Adjustment of Status was denied or never filed? It also can’t be a good thing that he continues to drive without a license. According to court records, Jay was pulled over for speeding on January 11 and was charged with driving without a license on March 26 — well after the warrant was issued.
Regardless, it does appear as though there is at least a slight chance that we will see the very first 90 Day Fiance franchise cast member deported. We will continue to monitor the story and will update as soon as we know more, so stay tuned!
UPDATE – Jay was not in Philadelphia for his scheduled court appearance on May 8, but was instea in Maryland doing a wedding photo shoot with Ashley. Wait, WHAT?! Click here for a full explanation!