Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Why was he deported? Does he have a criminal history? Can you prove that this will be a bona-fide, good faith marriage as opposed to one for the sole purpose of obtaining an immigration benefit? What is the age difference? Have you been contact with him prior to this, and , if so, how and for how long? The fact that he has been deported and was previously married to your niece is enough to send up red flags with USCIS.
Answered on Feb 11th, 2015 at 3:21 AM