My fiance came to the US legally on a work visa but he overstayed his visa by about 8 years, can I file for a fiance visa?

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My fiance came to the US legally on a work visa but he overstayed his visa by about 8 years, can I file for a fiance visa?

I need him here with me, so what can I do to bring him back legally? He went back to Mexico voluntarily recently. Can I still get the fiance visa to bring him here for me?

Asked on March 3, 2012 under Immigration Law, Tennessee

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 10 years ago | Contributor

Yes, you may file and obtain a Fiance visa. However, he will be subject to a 10 year bar. You will need to show extreme hardship to you in order to overcome this bar. This depends on a variety of factors.

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

He should not have left for MExico because as soon as he did, 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, which is very difficult to do in most cases.  Had he stayed in the US and you had gotten married, he would have been able to complete the process of getting a green card within 4-6 months.


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