How long does it take for a waiver and a k1 visa immigration application to complete? 4 Answers as of January 27, 2011

Will my fiance be barred from entering because he left to get a diverse? He lived with me for more than a year, he does not have papers, and we want to get married so he left to get a divorce. It is almost final and I am ready for him to come back, I miss him. I called him everyday while he was gone, I have the phone records. I just want to live legally. If I have to file a waiver before a k1visa app is it more likely to be denied? I can't stand the thought of being without him, I love him how long does it usually take to get back like that?

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Your question is too complicated for a simple answer. Did he come illegally to be with you? If so, you may have a problem. Schedule a consultation with a lawyer now!
Answer Applies to: Florida
Replied: 1/27/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
If you fiance was unlawfully present in the U.S. for more than 180 days when he left he will be inadmissible for 3 years. The bar is 10 years if he was unlawfully presence more than one year when he left. If so, he needs a waiver and must file and I-601. The USCIS will not issue a waiver for a K1 applicant in this situation because the waiver is based on hardship to the US Citizen or Legal Permanent Residence spouse, and as a fiance he is not married.. Instead, they will only do so if you are married and filing for an immigrant visa. After the immigrant visa is denied he can apply for the waiver.
Answer Applies to: California
Replied: 1/27/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
There are a number of issues to get resolved to properly advise you and him but this is likely to be doable. The waiver is required if he was in the U.S. for more than six months without status and then left. You may contact me as indicated below to schedule a consultation and get information on procedures, fees, and timings. We do charge for consultations but what you pay for the consult would then be a credit toward the fees for his case.
Answer Applies to: California
Replied: 1/27/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
One requirement for the fiance visa is that both parties are free to marry. Until the man is divorced, he is not free to marry you. Your "fiance" is still another woman's husband, so his relationship with you is adultery. That is still a crime in many states.

Your fact pattern indicates that he had unlawful presence of at least a year and illegal entry. For these factors alone, you would be wise to consult a lawyer.
Answer Applies to: Washington
Replied: 1/27/2011
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