You will likely need to wait until your fiancé is released from custody. Once released from custody, your spouse can either file a fiancé visa petition on your behalf of you can marry so he can file an immigrant visa petition on your behalf. You can read more about family immigration at http://myattorneyusa.com/family-immigration. There is general information about the process as well as information related to common issues.
Answered on May 20th, 2016 at 3:22 PM