QUESTION
Should I apply for a Fiancé K Visa to remarry my ex?
Asked on Jul 24th, 2017 on Immigration - New York
More details to this question:
I am an American citizen who married a European. We were together for five years prior to marrying. My ex-spouse got a conditional green card, but we got divorce because we were too young and immature. My ex-spouse left to her home in Europe. A few months after our divorce, I regretted everything and contacted her. We have been talking for a year about getting back together and I would like to marry me ex foreign wife again.
2 ANSWERS
Well, you have a complicated situation here. I understand she left while being a conditional resident. The divorce and her departure did not break that residency, even though you guys never filed to remove the condition. Consult with an attorney.
Answered on Oct 05th, 2017 at 5:30 PM
It indeed may be possible for you to again obtain U.S. immigration benefits for your former wife in connection with re-marrying her. You may apply for a K-1 fiance visa so that she may re-enter the U.S. in order to become married to you within the required time, and then apply for adjustment of status; alternatively you could marry abroad and seek consular processing. Of course, many other details determine eligibility and the best decision among options. It would be wise for you and your former-wife/now-fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Oct 05th, 2017 at 5:30 PM