Can my fiancee get a K1 visa after he was deported? 4 Answers as of April 15, 2011

My fiancee got deported in September 2010. He was in United States since 2009. We were planning to get married before he got deported. Is it possible to get him a k1 visa so that we can get married here in the US or would I have to go to Mexico and marry over there?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Most likely not, but there could be other ways to bring him back. It would help to know 1) how he entered the US the 1st time, 2) how and why he was deported, 3) what his criminal record looks like and a variety of other information. If he overstayed his visa and there is a reasonable explanation for it, there could be a waiver that would allow him to re-enter to marry you in the US. Without knowing the particulars of your case, I would say that there could be a waiver available to him as the "spouse" of a US citizen which I am assuming you are. Marriage in Mexico sounds like your best bet. Good luck!
Answer Applies to: California
Replied: 4/15/2011
Law Office of Donna Nanan, PL
Law Office of Donna Nanan, PL | Donna Nanan
Your fianc should first seek a waiver of the reason for deportation before entering the US, then you could apply for a K1 fianc visa before getting married. An immigration attorney can assist you in this matter.

Disclaimer: This answer does not create an attorney-client relationship nor does it constitute legal advice.
Answer Applies to: Florida
Replied: 2/15/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
Depending on why he was deported (meaning whether there is crime or it was simply illegal time), he may be able to apply for a fiancee visa but will need to apply for an I-212 permission to apply for admission after deportation AND probably an I-601 waiver of some sort. The I-212 is more of a totality waiver. The I-601 requires a showing of extreme hardship to a qualifying relative.
Answer Applies to: Virginia
Replied: 2/15/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
No, he will not be issued an K1 visa since he is inadmissible due to the deportation, and also possibility due to the unlawful presence. You will have to get married, file and I-130 petition and they apply for an I-212 (for the prior deportation) and and I-601 (for the unlawful presence).
Answer Applies to: California
Replied: 2/14/2011
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