QUESTION
How can I bring my fiance to the US if he was deported by immigration?
Asked on Jan 13th, 2011 on Immigration - California
More details to this question:
My fiance was deported and has been in Mexico over 2 years, I have visited several times in the 2 years. It is too dangerous now, I love him and we want to marry. What should we do? Marry in Mexico or apply for fiance visa and waiver for his return to US and marry here in US? If I marry in Mexico, how long until he can return with me if he was deported from the US with a 5 year bar? I need help.
2 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You will need two waivers regardless of which way you go and will need to show extreme hardship to a qualifying USC or PR in this case yourself. Marrying first is probably best as you eliminate the issue of whether you will get married.
Answered on Jan 24th, 2011 at 10:58 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
Under the facts you describe he will not be issued a fiance visa. You best option is to marry him in Mexico and petition him by filing an I-130. Then he will have to file for several waivers (ex. and I-212 and I-601) to be able to return o the U.S. These waivers are difficult to get granted and require the help of an experienced attorney.
Answered on Jan 14th, 2011 at 5:13 PM