How can I bring my fiance to the US if he was deported by immigration? 3 Answers as of January 24, 2011

My fiance was deported and has been in Mexico over 2 years, I have visited several times in the 2 years. It is too dangerous now, I love him and we want to marry. What should we do? Marry in Mexico or apply for fiance visa and waiver for his return to US and marry here in US? If I marry in Mexico, how long until he can return with me if he was deported from the US with a 5 year bar? I need help.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You will need two waivers regardless of which way you go and will need to show extreme hardship to a qualifying USC or PR in this case yourself. Marrying first is probably best as you eliminate the issue of whether you will get married.
Answer Applies to: California
Replied: 1/24/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Where you marry has no legal effect on processing speed.
Answer Applies to: Florida
Replied: 1/14/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Under the facts you describe he will not be issued a fiance visa. You best option is to marry him in Mexico and petition him by filing an I-130. Then he will have to file for several waivers (ex. and I-212 and I-601) to be able to return o the U.S. These waivers are difficult to get granted and require the help of an experienced attorney.
Answer Applies to: California
Replied: 1/14/2011
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