QUESTION
Can my boyfriend get a fiancé visa if he gets a different visa cancelled?
Asked on Jul 19th, 2011 on Immigration - California
More details to this question:
My bf had a visa and was working here but his time was up and he over stayed by about one week but they cancelled his visa. Were suppose to get married. Can he get a fiancee visa?
7 ANSWERS
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
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Kazmi & Sakata
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Hello, Yes, you should be able to process a fiance visa for him (assuming you are a US citizen). However, if he was not deported, you may be able to process his Adjustment/green card in the US despite his overstaying. This will avoid him leaving the US when the fiance visa is approved for consulate processing.
Answered on Jul 29th, 2011 at 5:46 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
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Yes, he should be able to get another visa. He needs to explain to the Visa Officer (CONOFF) why he overstayed. Please note that his overstay automatically voids the visa he used to enter, but there is no 3-year bar, until he has accrued over 180 days of unlawful presence. Please consult with an immigration attorney.
Answered on Jul 28th, 2011 at 3:09 PM
Criminal Law Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If his overstay was less than 180 days (179 or less), no problem if other admissibility issues are fine.
Answered on Jul 28th, 2011 at 1:42 PM
Corporate & Incorporation Attorney serving Coral Gables, FL
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Hans Burgos, P.A., Immigration Law Offices
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Given that he did not overstayed for a period of over 6 months, he should be able to get a fiance visa provided that he qualifies for one.
Answered on Jul 28th, 2011 at 1:41 PM
2 Awards
Maybe. He can apply, and based on your facts should not be inadmissible. You should speak with a lawyer to review the facts before taking any action.
Answered on Jul 28th, 2011 at 8:41 AM
The visa cancellation part makes your question a little fuzzy. Unless the visa was cancelled when he tried to return on it to the U.S., you would need to file a fianc visa petition if he is currently outside the U.S. Once approved he can apply for a fianc visa and return to the U.S. If he is still in the U.S., he should be eligible to apply for a green card right away without leaving once you got married. I recommend that you consult with an immigration attorney who has a chance to review exact circumstances of the case before you do anything.
Answered on Jul 28th, 2011 at 6:54 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Probably but you need to have his full case analyzed to make sure that he was not denied for fraud or misrepresentation first. Then you can file for a fiancee visa because no 3/5/10 year bar will have triggered.
Answered on Jul 28th, 2011 at 5:32 AM