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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108705
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a peculiar situation. My husband is Honduran and when

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I have a peculiar situation. My husband is Honduran and when we married in 2003 he had a TPS. We separated (not legally) in 2006. I moved back home and he went to Norway and wound up marrying someone while there. He is still married to me and to the other woman. I know this was wrong on his part and a serious issue. However, as life is full of surprises we have reconciled. He left Norway and is now in Honduras. I would like to file an I-130 so that we can resume our lives together, but I have a feeling this is impossible. His TPS is now expired. Is there any way around this? Is there anything at all we can do? The last thing I want is to cause him trouble. He is in the process of divorcing his 2nd wife.
Did he have any illegal time in the U.S.? If so, how much time? And he left the U.S. in 2006?
Customer: replied 6 years ago.
No, he was never here illegaly and he did not leave because his TPS had expired. It just happened to expire while he was out. He left in the latter part of 2007. I am very concerned because in one of the forms it asks for his addresses for the last 5 years and when he puts down his Norweigian address they may run a check on him there and it'll come up that he is married there while married to me. He was issued permits after marriage to stay in Norway and he was never there illegally either. He is definitely in their system. I'm so afraid that if this comes up we'll be denied. I should also mention that he had a DUI arrest in the US in 2007 and I know that for this he'll be flagged during the background check, right? I'm extremely worried. I hope you forgive my rambling. I included the link to his arrest record in case it is relevant.

Picture of Arrest Record

Ok, but before he got TPS, did he enter the U.S. illegally? If not, did he overstay that visa before he got TPS? If so, how long did he overstay?

Customer: replied 6 years ago.
He entered on a tourist visa and then was issued a TPS which he was able to renew for several years. He said he has never been here illegally or had any immigration issues.

Then it's not so bad. Technically his marriage over there is void because he has always been legally married to you. It is not your marriage that is void. They may not want to let him in because of a lack of poor moral character, but you would have to cross that bridge when and if you get there. For now, he needs to get that marriage annulled or voided and then you can file a K-3 or IR-1 for him. Here is a link to both:


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