90 Day Fiance star Ashley Martson says her estranged husband Jay Smith will be deported back to Jamaica in August and claims he is so desperate to remain in America that he offered to pay her to withdraw her divorce filing and re-file his adjustment of status paperwork.
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Ashley revealed she and Jay have a court hearing scheduled for August 7 that will determine Jay's future in America during a pair of Instagram Live sessions she conducted with 90 Day Fiance Instagrammer John Yates this past weekend.
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"He will be deported on August 7 unless he runs, which is what I'm assuming he's probably [planning]," Ashley said.
Ashley filed for divorce from Jay for the second time in April, citing "adultery" on Jay's part as the reason for their split following months of cheating allegations and rumors.
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"The thing that's really frustrating is he's here illegally now... I did file for his adjustment of status, and then two weeks later he screwed up again, so I withdrew it," Ashley told John.
Not only did Ashley claim Jay is living in the United States illegally, but she also alleged he is working as a tattoo artist illegally.
In addition, Ashley said there is an active warrant for Jay's arrest.
"[Immigration and Customs Enforcement] has already been here to arrest him. They know where he works... I mean obviously if they come to my house at this point, I'm gonna tell them where he's at. So I'm not sure why he's still sticking around because we got a letter three weeks ago saying he has an active warrant for his arrest," Ashley explained.
"I didn't know this, but your local police department can not arrest somebody for being an illegal immigrant. ICE has to arrest him. They have to come from Philadelphia and arrest him."
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She added, "So unless Jay would like assault me or something, then [in that case the local police] would contact immigration and say, 'Hey, we just charged Jay with assault, he's wanted for deportation,' and then ICE would take over."
Ashley insisted the drama in her life will be "over" after the court hearing in August.
"It's not 'if.' He 'is' going to get deported, and he knows he is. And he even called me. He went to the attorney and he said like, 'I'm f-cked.' Like he even offered money -- like, 'Can I pay you to withdraw the divorce?'" Ashley claimed.
Ashley said Jay offered her "his tattoo money that he makes illegally, because he's not allowed to work."
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"He does tattoo and gets paid fully for it, but they're claiming that he's 'an apprentice,'" Ashley told John.
According to Ashley, Jay moved out of their shared Pennsylvania home while Ashley was visiting Texas a couple of months ago.
"We were not getting along -- he was sleeping with multiple women -- so I actually, we got the money for [filming] the [90 Day Fiance: Happily Ever After?] Tell-All. When we film the Tell-All, we get paid that day," Ashley began.
"So I actually offered to pay two months of his rent to get him out of my house because he wouldn't leave my house. Yeah, that's how he's there in his own apartment... He has family in Miami. His parents are here illegally, they live in Colorado. Like he has places to go, so I'm not sure why he's still here."
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Ashley told John that Jay has been sending her mixed messages and signals ever since he moved out. Some of the time, Jay is allegedly begging for Ashley back.
"I have text messages from him from three days ago telling me that he has a sex addiction problem and he'll go to counseling, [and that] he wants to go to couples counseling and he wants to work things out," Ashley revealed.
"You know why? Not because he loves me and he wants to work things out. [It's] because we get paid from TLC [for the season] in one lump sum when the last episode airs. So that's a lot of money at one shot. He wants the money."
Ashley added, "And he's been begging me since the day I filed for divorce to withdraw it and re-apply for his green card."
Ashley said Jay, like all of 90 Day Fiance's foreign stars, doesn't technically get paid for 90 Day Fiance: Happily Ever After? since he can't legally work in America, so it is her decision whether to split the upcoming payment for Season 4 with him.
"But that is absolutely not gonna happen. Like the money that I've spent on him in the last three years is like 20 times the amount of the check that we're about to get for the show," Ashley admitted.
"So I will not be sharing the check with him and I will not be withdrawing the divorce and re-filing the paperwork like he's asking... I don't even know [how much I spent on him, but] yeah, I spent at least six figures."
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Since reconciling isn't working, Ashley said Jay is probably hoping to prove he has been mentally abused by Ashley so he'll be granted permission to stay in the United States despite the fact Ashley filed for divorce and never followed through with his adjustment of status.
Ashley accused Jay, for instance, of inviting her to stop by his apartment on Saturday to pick up a PlayStation gaming console he had previously borrowed from her son and inviting her into the apartment when he had a woman in his bedroom and her shoes and handbag were visible in the kitchen.
"He wants me to freak out so he can be like, 'Oh, she's crazy, she's mentally abused me.' Because you can stay here if you can prove that... So, I can't have a reaction or a response, or he'll be able to stay here. That's exactly what he wants... I'm just trying to keep my cool," Ashley told John.
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Ashley said Jay is doing whatever it takes to stay in America.
"The only person that can save him is me, and that's why Jay keeps flip-flopping -- which is mind-f-cking me!," Ashley said.
"Because, one day it's like, 'Don't talk to me, I'm out partying with bitches and strippers and hoes and drinking Hennessy and smoking pot.' And then the next day, it's 'I love you, I'm sorry, I have a sex addiction, let's go to couples counseling and work through this.' Because I'm the only person that can save him from being deported."
Ashley also vented to John about the absurdity of Jay allegedly wanting to hurt her when she had simply tried to give him "a better life."
"When I met Jay, Jay lived in a house built out of wood with no bathroom and he had to piss and sh-t outside, he had to bathe himself in a bucket, and barely got one meal a day," Ashley revealed.
"I don't even know [how much I spent on him, but] yeah, I spent at least six figures. I mean, we built a house there. It's almost like he knew he was gonna come over here and screw up and end up back there so he wanted to make sure that he had a home to go to."
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But Ashley said she refuses to be financially responsible for Jay going forward in light of his actions and disrespect.
"I'm definitely not going to be responsible for someone who is so reckless for ten years. And like I said, it wasn't like an arranged [fake] marriage like, 'Oh, you pay me, I'll get you your green card.' Like, I loved him," Ashley said.
"And it's basically the day that he stepped foot in the U.S. that he started, pardon my French, f-cking everything that had a vagina that walked past him."
Ashley and Jay drama is apparently going to come to a head on the upcoming episode of 90 Day Fiance: Happily Ever After? on Sunday night.
In fact, Ashley admitted she's leaving the country so she won't have to watch the episode or deal with the aftermath.
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In a preview for the next episode, Ashley is shown yelling at Jay through FaceTime.
"You're done! If you show up at my house, the police will be waiting to deport your ass," Ashley yells, before breaking down and crying. "He was using me. And he f-cking got away with it for a long time."
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Ashley filed for divorce from Jay for the first time on January 11.
However, she later withdrew the paperwork just 11 days later on January 22.
Not long after Ashley retracted the divorce, rumors began to swirl Jay was cheating on Ashley again, and there were even rumors he had gotten another woman pregnant.
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