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.
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