“90 Day Fiance: Happily Ever After?” Star Jay Smith is in ICE Custody, Facing Deportation After Turning Himself In To Authorities

“Honestly, being in a jail cell may be better than living with Ashley…”

Jay Smith is officially in the custody of Immigration and Customs Enforcement as of July 3, In Touch Weekly revealed on Wednesday.

The 90 Day Fiance: Happily Ever After? star— who hails from Jamaica– reportedly turned himself into authorities after learning there was a warrant out for his arrest, due to him allegedly violating a Protection of Abuse (PFA) order filed against him on July 1 by his soon-to-be ex-wife Ashley Martson.

In Touch reports that Jay is currently being held at York County Prison in York, Pennsylvania, which is the closest ICE Detention Facility to where Jay and Ashley lived.

A spokesperson for the U.S. Immigration and Customs Enforcement Office told Radar Online, “He’s in our custody. He’s just getting put into the facility. It looks like he’s going to be going through the motions. He will see an immigration judge to see if he’ll be deported.”

“How you gonna play me like that, Ashley?”

Jay has deleted all of his Instagram posts; however before turning himself in, he posted a video to his Instagram Stories that featured lyrics about someone turning themselves in.

Ashley—- who is currently facing charges herself stemming from a fight with Jay on May 31— expressed her sadness over Jay’s possible deportation in a quickly deleted Instagram Story (that was captured by “90 Day Fiance” blogger John Yates).

“Mark my words this is the hardest day of my life,” Ashley wrote in the now-deleted message. “I can’t believe this is how it ended. The amount of sadness I’m feeling is unfathomable. There is no celebrating over here, just pure heartbreak!”

Jay has been in the United States since 2018, when he came from Jamaica on the K-1 visa. He and Ashley appeared on the sixth season of “90 Day Fiance,” and were married in Las Vegas in April 2018. The couple had a tumultuous relationship almost from the start, and in January 2019, Ashley filed for divorce, but quickly changed her mind and withdrew the filing.

She then filed for divorce again in April.

The couple is currently starring on “90 Day Fiance: Happily Ever After?.” During the most-recent episode, Ashley, after finding out Jay had been unfaithful to her again, kicked Jay out of their home and called the police on him to report him for being in the country illegally.

Even though Jay and Ashley married within the 90-day window required of those who come in on a K-1 visa, Ashley reportedly never filed to adjust Jay’s status, therefore making him illegal.

As In Touch Weekly explains, “If the couple gets married within the 90 days, the foreigner is eligible for an adjustment of status and would eventually be issued a green card, which would allow them to remain in the United States legally. Jay and Ashley got married within the 90 days of his arrival in the States, but since she did not file his adjustment of status, he is facing the possibility of being deported back to Jamaica.”

TLC has not released any comments in regard to how Jay’s detainment and possible deportation will affect his participation in the current season of “90 Day Fiance: Happily Ever After?” 

RELATED STORY: “90 Day Fiance” Star Ashley Martson Officially Charged with Simple Assault & Criminal Mischief for Throwing Fire Extinguisher Through Ex Jay Smith’s Window

(Photos: John Lamparski/Getty Images) TLC; Instagram)


  1. Jay is such a lying skeezer. Surprised no one has broken his legs yet. Ashley is stupid and in a way deserves some of this but the only saving grace is that I don’t want that pos in my country. Maybe they should both be deported lol.

  2. With Ashley’s simple assault against him he can claim spousal abuse and apply for a green card without her sponsorship.

  3. I have to say, Jay has been the adult here-I’m strictly referring to the recurring incidents involving the law! Trashley is the one drunk, rambling, and combative in both cases. Jay turned himself in when he learned of the arrest warrant, smart move.
    Of course now she’s been arrested too, for throwing a fire extinguisher through his front door, shocking news!

  4. [* Shield plugin marked this comment as “trash”. Reason: Failed GASP Bot Filter Test (checkbox) *]
    Ashley I feel for u but god look after yourself and your children romance will find you God bless hour in my ♥ xx

  5. I don’t think that the guy you meet when you are on a vacation, is marriage material. You go out and party, meet a cute guy and think “gee, I think I should marry you”. Unbelievable. Well at least they didn’t have a child to make things more complicated.

  6. The amount of people acting like Jay couldn’t help cheating because he’s only twenty, are y’all for real? Twenty is a grown ass man. He knows right from wrong. Just a couple generations ago most men were married by his age and they didn’t all go whoring around. Cheaters are trash, Jay is trash. End of story.

    That being said. I haven’t actually seen them on TV, but Ashley sounds crazy and like she just wants to be a reality TV star. She’s a mother and shouldn’t have married a random foreigner she barely knew. So they’re both trashy. Doesn’t make EITHER of them right, though.

  7. I’m team Jay on this one. I feel like Ass-ley took advantage of a 20 year old child. Yea legally he is considered an adult, but male brains aren’t fully developed until they’re 25, and anyone with any type of common sense knows 20 year old men are not mature enough for marriage. Plus I feel like Ass-ley is a fame whore and wanted to be on TV, so she convinced him to marry her so they could get on the show. He gets to live in America, and she gets on TV.

    Then she has the nerve to say she’s devastated or whatever, but she’s the one that took out a PFA on him, knowing that it could get him deported…meanwhile he was the one who should have gotten a PFA against her…she threw a fire extinguisher through his window, and ADMITTED to it! She threatened him deportation on numerous occasions, and now that its happened she’s sad?? GTFOH Ass-ley. She’s devastated because she doesn’t have a storyline and won’t be on 90 day anymore.

    1. 2 f×cked up people found each and ans continued to fxck up together. Ashley didn’t get a pass but Jay is old enough to know you don’t cheat on your partner. You know that in middle school. How is 20 too young to marry but yet 18 is the age to go fight in the military? His age isn’t his problem. His jigalo ways and lack of control are his problem. He said his father is the same way. If he’s such A kid then he needs to go back to his mama in Jamaica and finish being raised. We have enough man-childs, and peter pans in the US already. Ashley is mental. I can’t advocate on people preying on the mentally ill. Ashley stopped growing mentally at the age she was when she was kidnapped and raped. Same with Nicole and Danielle. I think they are sslllooowww. Like they get government checks, slow. Thats probably why they don’t have jobs because the are on disability. Its not ok to prey on someone who isnt in their right mind.

  8. This is probably going to be a little long and a little ranty but this particular couple gets under my skin.

    If genders were reversed, and a 30 something year old father, a few times engaged, with an openly bad relationship history slept with a 20 year old woman on vacation for a week and then decided to marry her and bring her back to the US, eyebrows would be raised immediately. He’d be at best crazy and at worst a creep. If that same 30 year old something man did not adjust the status of that 20 year old woman, meaning that she could not work, visit family back home, and could not even get a speeding ticket without risk of being deported immediately, people would go into a rage. THEN if that same man attempted to get that 20 year old woman deported repeatedly once he was done with the relationship, he would be public enemy #1.

    Yes, he cheated on her, I get that. But he is a child as far as I’m concerned and do you know what I was doing at his age? Whatever the hell I wanted to. Instead of marrying her vacation souvenir and doing anything and everything possible for attention, Ashley should have been in therapy or doing something…some self work to avoid being in a situation where she was cheated on once again. Instead she literally chose a scenario that would not end well for her and as opposed to taking any true ownership, she’s made herself out to be the victim the entire time and that infuriates me. As far as I’m concerned, he’s the victim and at the very least, they’re equals with her being slightly worse no matter what. He’s the easier party to manipulate of the two and she’s done just that. She brought him here, got herself in the spotlight, effectively trapped him when he begged her to either adjust his status or send him home, and then went all Donald Trump “deport his ass” on this man she claims to love once she was done with him. Ashley has had all of the power the entire time, just like any other K-1 Visa situation. She’s a drama addicted, immature, self-victimizing brat with no ability to be introspective and I’m bothered that they’re being viewed as if they’re on the same playing field. His mistakes are age and situationally appropriate, hers are absolutely, positively not. His are painful temporarily and hers could have permanent, legal consequences. I truly hope that the judge in her case holds her accountable.

    1. Can I upvote this 100 times?! Everyone would be losing their goddamn minds if the genders were reversed, and it’s so aggravating! Ashley is a mental case! No, jay is not perfect, and yeah he did cheat… but Ashley has a lot more culpability in this situation than jay does! Just let the poor kid go home!

  9. Can we create a petition so they can deport Ashley back to Mars or whatever planet she is from?

    1. Thank you. I don’t see a lot of comments acknowledging how immature and crazy she is and I don’t understand why. This is a grown ass woman with children and he’s barely of age to drink legally.

      1. I totally get it but per the Geneva convention a person cannot be left stateless and since she is a citizen we own it. Beside the USA has a ton of desperate, crazy single,mothers. A cheating, lying, gaslighting man will make you like that though.

        1. Gaslighting? Ashley had a documented history of being crazy long before jay entered the picture.. we’re talking like faking your own death on fb kinda crazy!
          Besides, isn’t gaslighting when someone makes you think you’re crazy when you really aren’t? Pretty sure that disqualifies Ashley.

      2. I’m in my 30s and a mother. It would have to be a pretty amazing 20-something male to catch my eye. I’m looking ahead to men in their 40s with more life experience and maturity!

  10. Good, he used a batshit crazy, desperate female to get access. If the reason for coming was marriage and the marriage is over then he needs to go home. Its not like he was here long enough to establish a life. He didn’t even have a job. Sorry, Jay the player got played. You should have kept,it in your pants long enough to get your papers straight.

  11. I know this must be really hard for you Ashley knowing that they have J and ice I’m so sorry I’m really really sorry you’re both such good people I hope you can move on with your life and a lot of people are with you in prayer good luck

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