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My fiancée was here on a tourist visa but he got divorced…

Hello, so my fiancée...

Hello, so my fiancée was here on a tourist visa but he got divorced which voided his visa since the i130 process started so he left the country so he wouldn't be put on a deportation list. What are the options for him to come back? We had wanted to get married in the summer.

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

I'm a citizen I don't have anything pending with uscis

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

We spoke to a few but I wanted to see all of our options

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His previous marriage was a legitimate one he had filed for divorce himself because she cheated and started abusing drugs among other things

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Answered in 2 hours by:
3/14/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,974
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

Did he spend any time in the US without legal status?

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Customer reply replied 5 months ago
Hello, no he was here pending the status of his i130 but since he got divorced he notified uscis of the divorce and that he was leaving so he would not fall into being here illegally

Right, but an I-130 is not enough to keep him in valid status. Did he have an I-485 pending also and did he submit them BEFORE his time on th tourist visa expired?

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Customer reply replied 5 months ago
I don't believe he filed the I485. They were scheduled for an interview but they divorced before they could go which is why he sent the letter informing them of the divorce. So I guess he pretty much had no status between the time of the divorce and him leaving which was a few months. Being that he left on his own is it possible for him to try to reapply for a tourist visa?

If he had an interview date then he did file the I-485. I cannot tell you for sure whether he is eligible for a tourist visa without knowing how much time , if any, he spent out of status. If it was less than 6 months, then he should not have a bar and should be able to qualify for tourist visa. The only way to know for sure is for him to apply for the visa and find out. That is one option.

If they don't approve it or you just prefer instead to have him come permanently, he can also apply for a K-1 fiance visa. Cost is $535 and it's on application I-129F. For this you can't be married yet and it will take about 6-9 months to get an approval. If approved, once he enters the US you must marry within 90 days.

Good luck to you and I hope this answer has helped you.

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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,974
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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