Q: How do I keep my fiance in US if his visa is expired
My fiance whom is still legally married in the us but in the process of divorce came to the us legally on a visa in 2004 it expired & he is still in the US. How can we go about keeping him in the US? He also has children here
A: If you are a United States citizen, once you are married you may be able to apply for his residency. He may be able to complete that whole process in the United States if he is still here at that time and does not have any grounds of inadmissibility other than the unlawful presence. If his children are United States citizens and are over 21, they may be able to apply for him too. My biggest word of caution is that if he has accrued more than one year of unlawful presence in the United States and then he leaves, he will trigger a 10 year bar that will require a waiver, which is time consuming and expensive. His options depend on his immigration history and can be tricky, so I would recommend seeking a consultation with an immigration attorney. Good luck!
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