Legal Question in Immigration Law in New York

I am in U.S.A. and want to bring someone from India on fiance visa to the U.S.A. but he is still married in India but trying to get divorce. Wife no longer lives with him and does not want a divorce. Can he still come to u.s.a on a fiance visa legally. I want to sponsor him.


Asked on 7/23/10, 5:14 pm

2 Answers from Attorneys
Luba Smal Smal Immigration Law Office

No, you can't petition for a still married man. He has to be divorced and have a final divorce decree before you can file a Fiance visa petition for him (provided that you a US citizen and have met him in person within the past 2 years).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html

If you would like to request a confidential legal advice or schedule telephone or email consultation regarding your specific situation, please email me directly at Attorney @ law-visa-usa.com . Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment). I am an immigration attorney and work with clients from all States and globally. More information at http://www.law-visa-usa.com/.

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Answered on 7/23/10, 8:23 pm
Michael Cho Law Offices of Michael Cho

You can petition for him after the divorce is complete.

You may find out more information about the K-1 fiancee visa process here:

http://www.msclaw.com/U_S_Fianc_e_Visa.html

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Answered on 7/26/10, 2:25 am


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