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He has been granted voluntary departure by 1-10-13 can a fiancé visa help him to come back to the U.S? How long can it take?
Anonymous3 views3 answers
My finance has been in the United States for 7 years illegally basically without inspection. In 2006 he was charged with disordenary conduct pleaded guilty and paid the fine. He had two traffic stops this year one for a light not working on the front of the car paid fine and second was for passing the shoulder in which was put in a payment plan and due to not working much forgot to a pay a month when he was put in the prison due not paying the fine and was out a detainer on him. He haven't been with his wife for 9 years in which when he came to the U.S she left to Cancun he believes and haven't heard from him until one day she calls him from a blocked number telling him his four daughters he thinks are his only one is. So he first has to get divorced. Can he be eligible for fiancé visa?
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
You shouldn't waste the time to file for a fiancé visa since your fiancé triggered the 10 year bar to readmission upon departing, given all these years of "unlawful presence" he accumulated.
THERE ARE NO EXTREME HARDSHIP WAIVERS AVAILABLE FOR THE FIANCÉ VISA CATEGORY.
You will need to marry him in Mexico and file aK-3 visa application right after obtaining the receipt for the I-130'petition you will file first after marrying him. You will then file the waiver, etc.
You need to urgently hire a competent immigration attorney.
No. He must first get divorced from his wife, before he can be petitioned for any visa. In addition, if he was unlawfully present in the U. S. for more than a year, he will need to be petitioned by a wife. This means that a K-1 fiance visa can prove useless, even if he is back in Mexico.
I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before you take any further action. There seems to be a lot of confusion and an experienced attorney can help you best understand his visa options. Good luck.
