Can I still file the i-129f for my fiancee if he was deported twice? 3 Answers as of June 07, 2011

My fiancée was deported twice. He is currently in Mexico. We have a three-year-old boy and had been living together for 6 years. Can I still file a petition for him and file the I-129f for him?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You can file anything you want, but I do not think in the end you will be successful in getting him over to the US with 2 deportations. You may be successful as a K-3 visa applicant. You will have to marry him there and file an I-130 petition and as soon as you get the receipt from USCIS, you go ahead and file the I-129F and begin strategizing about a waiver of some kind. In his case he will certainly need an I-212 waiver application with compelling supporting documentation to see if his bar from entering the US could be broken. I must tell you with 2 deportations, this will be near impossible. You will have to have a great deal of patience in order to see this done. You should be prepared to wait at least 10 years before the consular office will accept his I-212 filing. Do get started now and see how things develop. Good luck!
Answer Applies to: California
Replied: 6/7/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
Yoy can file it. You will need at least one waiver, possibly more. It also depends why he was deported. You definitely need a lawyer if you want to have any chance of success. Call me for a consultation.
Answer Applies to: New Jersey
Replied: 6/6/2011
Fong & Associates
Fong & Associates | William D. Fong
It will depend on the reason for the deportation and any other immigration or criminal record he may have. It will be much stronger if you are married and we can show a hardship to you as the US citizen relative. Please call me to discuss your case.
Answer Applies to: Texas
Replied: 6/6/2011
Click to View More Answers: