Legal Question in Immigration Law in Tennessee

USC wants to marry Jamaican

My Jamaican fiancee was deported from the U.S. for overstaying his student visa. He left the U.S. voluntary to care for his sick father in Jamaica. What is the quickest method for reentry to the U.S.? Should we marry in Jamaica and do a K-3, or should we file a K-1? Will he be denied reentry since he did overstay?


Asked on 2/12/08, 8:47 pm

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: USC wants to marry Jamaican

You should get married and apply for him. Then when he appears at the consulate for interview, he needs to present the waivers.

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Answered on 2/13/08, 10:29 am
Janet Greathouse Greathouse Law Firm

Re: USC wants to marry Jamaican

Your facts are a bit confusing. First, you mention that your fiance was deported but then that he left voluntarily.

If he is actually considered to have overstayed his authorized period of stay and was deported, he will be considered to be inadmissible under two different grounds. As such, he will be denied any visa and will require waivers for both grounds of inadmissibility.

I recommend that you consult an attorney to clarify the circumstances of his leaving the United States and strategies for his return to the U.S. Please do not hesitate to contact me, as immigration lawyers may handle matters in all 50 states. If you would rather work with an attorney locally, I urge you to find a competent immigration lawyer to assist you before you take any further steps.

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Answered on 2/13/08, 2:33 am


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