Sunk before I have even started?

[Heather1974 0]

Hello all, I just got engaged last month to my lovely fiancee but there seems to be a problem before I can even file the K1. It is a bit complicated but here goes. He was here before under a K1 visa with his first wife, they divorced but he found a new lady and married her while he was still here. They started the new paperwork and during that time things did not work out and they divorced. While he was waiting for a hearing to see if he would be able to stay in the USA or not he decided to chuck it all and went back to his home country before the court hearing (which was in 2008). Just found out that an order of removal was placed against him in his absence. He of course did not show up at the time and place required by the court since he was no longer in the country. Are we sunk?

[canadian_wife 1,823]

You should consult an immigration attorney, if he was deported in absentia, this WILL complicate your case. You must prove that he was not deported, but voluntarily left which I have NO idea how you do

Laural Scott is an immigration attorney that offers free chats on Wednesdays at scottimmigration.net. Ask her what you need to do to ensure he is not considered a deportee or a deportation absconder

Good luck

[Heather1974 0]

Thanks for the info. I hope she can shed some light on what kind of situation he has gotten us into. I have been looking around the internet and gotten a little more info and it looks like it might be barred from entering for 5-10 years if I am correct, which I hope I am not!

[Deputy Purple 1,294]

He can prove that he left the US before the hearing by showing either used boarding pass from the flight or proof that he was living or working in his home country at that time.

[Aztec&Taino 144]

Hello all, I just got engaged last month to my lovely fiancee but there seems to be a problem before I can even file the K1. It is a bit complicated but here goes. He was here before under a K1 visa with his first wife, they divorced but he found a new lady and married her while he was still here. They started the new paperwork and during that time things did not work out and they divorced. While he was waiting for a hearing to see if he would be able to stay in the USA or not he decided to chuck it all and went back to his home country before the court hearing (which was in 2008). Just found out that an order of removal was placed against him in his absence. He of course did not show up at the time and place required by the court since he was no longer in the country. Are we sunk?

The situation is definitely complicated enough that you would need the advice of an immigration attorney. First order of business would be to find out whether your fiance has triggered a ban from the country or not. The immigration attorney would also be able to advice on any possible solutions or paths of action.

Best wishes!

[RICARDO4EVA2 194]

Hello all, I just got engaged last month to my lovely fiancee but there seems to be a problem before I can even file the K1. It is a bit complicated but here goes. He was here before under a K1 visa with his first wife, they divorced but he found a new lady and married her while he was still here. They started the new paperwork and during that time things did not work out and they divorced. While he was waiting for a hearing to see if he would be able to stay in the USA or not he decided to chuck it all and went back to his home country before the court hearing (which was in 2008). Just found out that an order of removal was placed against him in his absence. He of course did not show up at the time and place required by the court since he was no longer in the country. Are we sunk?

His third time around doing immigration paper work..would definately need experts involved. So he was out of status for long....? This would help to decide how long of a ban they would try to place againt him.

best of luck

Edited October 17, 2010 by RICARDO4EVA2