my fiancee visa expired from jordon. help

[kppollard 0]

Hello. My fiancee is from jordon. His visa expired last month. We are trying to get married but his attorney in jordon is giving him the run around with his divorce papers. He wants to go home to see his children for Christmas. If he goes back to jordon with an expired visa. Can I still file fiancee papers to have him return here. To get married. Or what is the best way to handle this? He misses his kids so bad. He can't wait anymore for his divorce papers. So he will go home to see his kids and get his divorce papers straight. I'm scared I will loose him if he goes home. Please help.

Thank you

Kelly

[amykathleen2005 441]

You can absolutely file a K-1 fiance visa or get married and file a CR1. I am a bit confused by your posting. Does he already have a fiance visa and then didn't use it? Or he just had a visitor visa and now it is expiring?

*Moving to K1 as this is a fiance issue*

Edited December 23, 2012 by amykathleen2005

[gstrength 20]

Hello. My fiancee is from jordon. His visa expired last month. We are trying to get married but his attorney in jordon is giving him the run around with his divorce papers. He wants to go home to see his children for Christmas. If he goes back to jordon with an expired visa. Can I still file fiancee papers to have him return here. To get married. Or what is the best way to handle this? He misses his kids so bad. He can't wait anymore for his divorce papers. So he will go home to see his kids and get his divorce papers straight. I'm scared I will loose him if he goes home. Please help.

Thank you

Kelly

depending on the length of the overstay, he could face a 3 or a 10 year ban from the US. It is important to know, are you talking about his I-94 being expired or his actual visa?

It is important to note that there are circumstances which can serve to void or cancel the period of visa validity. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will automatically void or cancel unless;

You have filed an application in a timely manner for an extension of stay or a change of status;

That application is pending and not frivolous;

If you have applied for adjustment of status to become a permanent resident alien (“green card” holder), you should contact USCIS regarding obtaining Advance Parole before leaving the U.S. If you overstay but not more than 180 days you must leave the US but you can apply for a visa to return immediately. There are a few exceptions but they are found in only a small number of extreme situations. I would not leave until AOS is completed

[kppollard 0]

Thanks. Once he goes home. I will just apply for a fiancee visa for him to come back. Then we will get married. Thanks for your response.

[kppollard 0]

Hi again. He just told me that his visa expired june 11. So dec 11 would be 180 days. If he goes home before we get married, can I still apply for a fiancée visa for him to come back. And if we were to get married before he leaves. would we need to file the change in status papers before he goes for him to be able to come back?

[gstrength 20]

Hi again. He just told me that his visa expired june 11. So dec 11 would be 180 days. If he goes home before we get married, can I still apply for a fiancée visa for him to come back. And if we were to get married before he leaves. would we need to file the change in status papers before he goes for him to be able to come back?

Hi. If his I-94 expired on June 11, he's already hit the 180 days, which means that, if he leaves the country, He will be banned for three years. He should not leave the country until his adjustment of status is complete. If he leaves the U.S., He will not be able to come back for at least three years. Of course, you can apply for K-1 visa (fiance), but it will be denied. If you get married, you still have to adjust status and, in his case , and advance parole would not do him any good, as soon as he leaves, he risks the activation of the three year ban anyway. HE SHOULD NOT LEAVE UNTIL AOS IS COMPLETED. I know, is a sad situation. Sorry.

[NigeriaorBust 4,087]

Unless he can produce good divorce papers you can't file for either. You must include certified copies of divorce papers from either/both people if they have ever been married before. If his divorce isn't final you can't legally marry him here yet. Let him go home, get his divorce finished. If you marry here while he is still married there he will be guilty of bigomy and that will cause him alot of immigration issues.

[Darnell 8,478]

i have another thought, however malformed...

have him stay in the USA.

keep him in the USA.

Seriously, tie some 200 kilogram weights to each ankle, have him stay here.

Whilst he's tied down, get the divorce paperwork finalized from Jordon, and in your hand.

Once it's in your hand, untie one weight from one ankle, get him to the courthouse and marry.

Once you have a marriage certificate in hand, FILE the Adjustment of Status paperwork (review the guide section here for all the scoop)

then

once his green card shows up, then (and only then) untie the 2nd weight from his ankle.

He's in an overstay now - and it will be forgiven once he has his green card in his hand.

If he leaves the USA now, he'll be hit with a 3 year ban and can't come back until after 3 years from his departure date.

[kppollard 0]

If I go to jordon and marry him there. Can I come back to the u.s. and file for my spouse to come over. Or will he still be denied since he is on a 3 ur ban.

[NigeriaorBust 4,087]

He wants to see his children which is probably a stronger need than his wanting to stay in the US. A new spouse should never interfer with the relationship between a parent and child. Even though AOS is what is good for you it may not be his top priority. He has earned a 3 year ban. Even if you file for him he WILL be denied at the interview no way around that ( unless it is more than 3 years after he leaves. You will file a hardship waiver when he is officially denied and that is what allows him to return before the whole ban is served. Before you can do anything as a couple he has to get divorced and have the papers to prove it.

[islandgal 74]

I'm lost as to how he needs divorce papers when he's here on a K1. Is it from someone else?

[milimelo 4,226]

I'm lost as to how he needs divorce papers when he's here on a K1. Is it from someone else?

No, I think OP is saying that her fiance arrived on a tourist visa and his I-94 expired back in July. She wants to petition him for K1 visa and even considered marrying him but he wants to go home to see his kids and also has unresolved/unfinished? divorce to take care of in Jordan. Will also have a 3-yr ban on entering US since he is 180 days past his I-94 expiration date.

[Penguin_ie 5,986]

I'm lost as to how he needs divorce papers when he's here on a K1. Is it from someone else?

He is not here on a K1, he is here on some other visa that expired a year and a hal;f ago.

OP: The ban still applies, but it can be easier to get a waiver for a spousal visa.

[bigdog 376]

i have another thought, however malformed...

have him stay in the USA.

keep him in the USA.

Seriously, tie some 200 kilogram weights to each ankle, have him stay here.

Whilst he's tied down, get the divorce paperwork finalized from Jordon, and in your hand.

Once it's in your hand, untie one weight from one ankle, get him to the courthouse and marry.

Once you have a marriage certificate in hand, FILE the Adjustment of Status paperwork (review the guide section here for all the scoop)

then

once his green card shows up, then (and only then) untie the 2nd weight from his ankle.

He's in an overstay now - and it will be forgiven once he has his green card in his hand.

If he leaves the USA now, he'll be hit with a 3 year ban and can't come back until after 3 years from his departure date.

A practical approach.

[kppollard 0]

He is here on a tourist visa. His visa exp june 11, 2012. So he is only past his 180 days since dec 11 of this year. He is already divorced from jordon. His lawyer wont send him his divorce papers because he still owes him $1000. I'm trying to figure out a way that he can go see his kids and still come back. He applied to stay here in the u.s. but he was denied. He is tired of waiting on everything but is torn between me and his kids. I told him to go and see them. They need him more than me. But he doesn't want to leave me here and be penalized for his visa expiring.

If I go to jordon and marry him there. Can I come back to the u.s. and file a spouse visa since we will be married then?

Or any other suggestions. I'm trying to get him to wait till everything is fixed. But he misses his kids so bad. He cries everyday. I want to help him.