Silver Creek, NY Immigration Law Firms & Lawyers

Legally, your ex-fiance is responsible for you financially while you are still physically in the US because he submitted an affidavit of support on your behalf when you apply for your fiancee visa (K-1).

As an alien who was deported, re-entered the U.S. without permission, and was deported again, your husband is barred from re-entering the U.S. for 20 years. Another problem is that, because he was previously married to a U.S. citizen and applied for immigrant benefits through that marriage, his marriage to you will not entitle him for a green card unless he can prove that his marriage to you is real AND that his first marriage was real, too. Considering that your husband's first marriage was already examined by the immigration court, and your husband was ordered deported, it is necessary to see if the immigration court made a determination that your husband's first marriage was a sham marriage. If such a determination was made, it is highly unlikely that your husband will ever get any legal status in the U.S. If the immigraton court did not find a marriage fraud, you might file an immigrant petition for your husband, and he could file an application for permission to apply for admission after deportation (Form I-212). USCIS will make a decision based on your husband's record (any criminal history and other issues concerning his moral character; the length of his residence in the U.S.; the length of your marriage; your health, and the health of your children; your husband's family ties in the U.S., etc.) There is no guarantee that the application will be approved. Considerig that you will have to pay a lot of money to the government for filing all the applications (over $2000), I would recommend discussing the case with a good immigration law attorney: a) to avoid wasting the money if the case cannot be won; and b) if the case can be won, it should be prepared by a professional.