My Fiance just recently re-applied for his green card today. The declined him because he is not staying married to his wife. His wife and daughter live here in the US and he is in Mexico where he has been for the last 2 years. During the last 2 years she has found another man to be with, and he and I got together. She is divorcing him which resulted in them turning him away for his green card today. The Immigration officer told my fiance that he could only come back if he was married to a US citizen. Him and I want to be married when his divorce is final...(We've been waiting for a while now) How does the process work? Would he be able to come back to the States even after us being married?
Assuming that your fiance is in Mexico and does not have problems with illegal presence in the US, deportation or illegal entry, and assuming that you a re a US citizen (you didn't state this in your question), then we could asisst you to immigrate him after he is legally divorced from his first wife. He has two different routes possible, one is for you to file a fiance visa petition, which would allow him to then enter the US, marry you and become a permanent resident, and the other is for you to marry him in Mexico and petition for him as your husband. The fiance visa takes approximately 6 to 8 months toi resolve itself and the other takes about 10 to 12 months. These processing times assume that he has no problems with having been in the uS illegally before. If he washere illegally, we may still be able to resolve this matter, but it changes the analysis. I would suggest you call my office and make an appointment to disucss this in person and try to find the best solution to it and the least expensive. My office telephone number is (619) 291-1112.
I look forward to asisst you in working out this matter.
Jan Joseph Bejar, Esq.
For: JAN JOSEPH BEJAR,
A Professional Law Corpotation
The above answer is provided on the basis of very limited information provided by the person asking the question. It is intended to provide initial information to permit the inquirer to further develop the matter, it is not to be relied upon a s legal advice and for that reason the inquirer has been invited to make a formal appointment with this office in order to have the matter properly addressed once she has provided complete and accurate information.
He should not have applied for his residency is he was not in a viable relationship with his spouse. Hopefully he was not charged with fraud. But if you are to marry him in the future, he will not be allowed to enter the US just because of the marriage. You will need to file the necessary paperwork (Form I-130, etc), and go through the Immigration channels. It may take up to 12 months form him to be able to finally immigrate and you will need to establish that your marriage is legitimate as well.
You need to have an attorney review the denial. It sounds like there is a plausible claim for him to return if you marry but it's impossible to say for sure without reviewing the paperwork. My firm handles these types of cases.
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
Your question is too complex and case specific for it to be answered meaningfully on Avvo.
You need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.