How can I bring my boyfriend to the US if we want to get married? 11 Answers as of March 15, 2012

I met my boyfriend in Mexico. We fell in love and we want to get married in the USA. Five years ago, he lived in the USA for about 2 year and then he went back to his country by his own. He never had any arrests by police or immigration. How could I bring him here?

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LAW OFFICES OF ALAN R. DIAMATNE APLC
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
He is barred for 10 years if he lived in the U.S. unlawfully a year or longer. If you marry him, he will have to file a waiver based on your hardship. It could take a year to two years to complete this case if he is granted the waiver.
Answer Applies to: California
Replied: 3/15/2012
Yahima Suarez, A Law Firm, PL | YAHIMA SUAREZ
You need to find out if his stay in the US was legal or not. If he was illegally in the US, it will make it harder for him to be granted access to the US. He would have to present waivers for illegal entry to US and/or illegal presence and/or waiver of the 10 year penalty. If he lived in the US legally, then you may be able to petition for him or to file a fiance visa without a problem.
Answer Applies to: Florida
Replied: 3/14/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
Your fiance will need a hardship waiver as he accrued more than a year of unlawful presence. He is technically inadmissible for ten years. This can be waived, but you need to establish hardship. You should speak to an experienced immigration attorney before filing for him to receive any visa, regardless of whether it is an immigrant or non-immigrant visa.
Answer Applies to: New York
Replied: 3/14/2012
The Law Offices of Kristy Qiu
The Law Offices of Kristy Qiu | Mengjun Qiu
Get him a K visa, get married in the US, and file a petition for alien relative. If you start the process in Mexico, it will take much longer.
Answer Applies to: Florida
Replied: 3/14/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You would have to marry him and then petition for him as your spouse but given that he was in the US unlawfully in the past, by leaving the US he triggered an automatic 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse, and this is fairly difficult to do in most cases.
Answer Applies to: California
Replied: 3/14/2012
    Law Office of Christine Troy
    Law Office of Christine Troy | Christine Troy
    If he overstayed in the US by one year or more, there is a ten year bar to his entry to the US. So that depends upon how he was in the US during the two years. You are allowed to file a fiancee visa application for him and if the 10 year bar is triggered, then also an extreme hardship waiver.
    Answer Applies to: California
    Replied: 3/14/2012
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    It is probably best to go to Mexico and marry him over there. The process will take about a year to bring him here. No other way.
    Answer Applies to: California
    Replied: 3/14/2012
    Immigration Law Offices of Misiti Global, PLLC.
    Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
    Generally a K1 fiance visa is the way to go, however, your fiance may have complications if he has previous immigration violations. Speak with and retain an attorney to figure out the best way.
    Answer Applies to: New York
    Replied: 3/14/2012
    Fong & Associates
    Fong & Associates | William D. Fong
    You would need to file the relative petition and then he files for the immigrant visa at his home consulate. Depending on the immigration violations, he may need a waiver for his visa to be issued. It sounds as if he will be subject to the 10-year bar. You should get as much information as possible and meet with an experienced immigration attorney.
    Answer Applies to: Texas
    Replied: 3/14/2012
    Frazier, Soloway & Poorak, P.C.
    Frazier, Soloway & Poorak, P.C. | David Nabow Soloway
    Best wishes for your plans to marry. Generally, the best approach to bringing a foreign national to the U.S. to marry and reside here as a Permanent Resident is through a Fianc?e Visa (alternatively, a couple could marry abroad and then "consular process" for the foreign national to come to the U.S. in the Immediate Relative category. For someone who previously was in the U.S. for two years, however, there are some very serious issues that must be addressed, including what type of visa, if any, he may have had when he entered the U.S., the expiration date of any such visa, and his age during any period of unlawful presence. Answers to some of these details will address current eligibility, and even could address possible application of a 3-year or even a very harsh 10-year bar to re-entering the U.S. There is no substitution for engaging an immigration attorney to review the details and provide advice. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    You can file a spouse or fiance visa
    Answer Applies to: Florida
    Replied: 3/14/2012
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