If we marry overseas after being deported, can we start a new immigration petition? 4 Answers as of January 24, 2011

If my boyfriend was to get deported from the US because of an unbonafide marriage, is it possible for me to go to his country and marry him so he can come back in the US to start a new petition?

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You will have a real uphill battle when a second marriage is real but the first one was found to be fraudulent as you must not only show the second marriage is bona fide but you must also overcome the government's finding that the first marriage was fraudulent. You will require a fraud waiver and a waiver for the deportation.
Answer Applies to: California
Replied: 1/24/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You are eligible to try. Don't try on your own. Hire an attorney to avoid being denied.
Answer Applies to: Florida
Replied: 1/14/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Yes. Perhaps it could be possible after about 10 years or so.
Answer Applies to: Virginia
Replied: 1/14/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Yes, you can marry your boyfriend outside the U.S. and then return to the US and petition him. However, due to his deportation he will face certain bars to returning to the U.S. that could prevent him from coming back for up to 10 years. Also, prior unlawful presence in the U.S. or committing fraud or misrepresentation to obtain an immigration benefit could also bar him from returning to the US without a waiver. Additionally, if he was found to have previously entered into a fraudulent marriage to obtain an immigration benefit (such as getting a Green Card) restrictions in the immigration could prevent the approval of an I-130 petition by a new spouse.
Answer Applies to: California
Replied: 1/14/2011
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