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I am a US citizen who is in the process of a divorce and am…

Customer Question
I am a US...

I am a US citizen who is in the process of a divorce and am planning to remarry when it is finalized to a non-immigrant visa holder. However, their visa may expire before my divorce can be finalized. Is there a form or option beyond an extension application that we can file to extend his stay? I was told by a family member that a fiance visa would not be allowed in this case because he is already residing in the US. Is that true? If not, is that a form I can file before my divorce is finalized (if needed) in order to extend my fiance's stay here?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I am a natural born US citizen. My fiance has an application for permanent residency that has been in processing for over three years.

Lawyer's Assistant: Have you talked to a lawyer yet?

No, is that something that would expedite the process?

Submitted: 5 months ago.Category: Immigration Law
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Answered in 1 minute by:
12/12/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,497
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What is the visa that your fiancé used to enter the U.S. the last time? Has he ever had a J-1 visa?

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Customer reply replied 5 months ago
Hello! I promise not to shoot the messenger.I'm not sure of the visa code exactly. I know it is a work type visa and a non-immigrant status issued approx. six years ago.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

It's very important. Call him and ask him to check his passport. Is it a J-1, H-1B, H-2B, C-1/D, D-1, or C-1?

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Customer reply replied 5 months ago
I will ask. At the moment, he is at work and unavailable. Will this chat be open for me to come back with an answer for you later today?
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 5 months ago

Yes, it remains open. Take your time as this is very important.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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