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Can I marry my deported fiancée and start his paperwork?
Submitted by LawQA.com on December 23, 2011 - 12:26pm
Me and my fiancée are having a baby on February 21st, 2012, and he got deported to Mexico 2 weeks after I found out I was pregnant. We were planning to get married before the baby was born so he can be here for the birth and help me out. My question is can we still get married over there and start the paperwork here even though he has a deportation for 5 years?
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Submitted by Alexander J Segal on December 23, 2011 - 3:26pm
I assume that you are a U.S. citizen and that your fiancé has no criminal record. You can marry your fiancé and petition for him. There will likely be two issues with his receiving an immigrant visa. The first is the fact that he was deported. If you wish to bring him back in less than 5 years, you will have to file a special application seeking his earlier entry. This application will be based upon hardship to you if he is not allowed to return sooner. The second issue will likely be unlawful presence. If your fiancé was here for more than 1 year illegally, he is barred from readmission for 10 years. This can also be waived by extreme hardship. The process takes approximately 1.5 years from filing. However, it would be best for you to meet in person with our office to discuss your fiancé’s immigration history in more detail to ensure he is eligible to return to the U.S.
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