Q: If I married someone who entered w/o a visa. Can we divorce and he return to ecuador and then do a fiancee visa?
I am married. My husband entered without a visa. He is from Ecuador. He has been in this country for 10 years. We did taxes together and have a daughter so his presence in this country has been noted. I am from the USA. Can we just divorce and he go to Ecuador and then begin the fiancee visa process?
A:
This is much more complicated. He has unlawfully lived in the U.S. for more than one year, so in addition to petitioning him, he must seek at least one waiver, perhaps others for civil violations of the Immigration and Nationality Act. He may have to seek relief before an immigration judge where he is somehow disqualified, but may have challenges in Immigration Court [EOIR], as well.
As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, like myself, before there are any more complications.
The above is general information, not legal advice and does not create an attorney client relationship.
A: Probably not right away. In order to account for living in the United States illegally, he will have to leave the United States and serve a probable ten year bar or get an unlawful presence waiver. Either way, he will eventually have to leave the United States and have his green card processed in Ecuador.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
