Legal Question in Immigration Law in Texas
My fiance came to the U.S. on a one-entry visa. He was previously married to someone who started filing for his papers to be in the U.S. They are now separated and he intends to marry me. Is it possible for me to file on his behalf.
2 Answers from Attorneys
Yes you may file for him now (as your fiance) if you are a U.S. Citizen and he obtains a divorce. If you are a Permanent Resident, you must marry him first before you can bring him to the U.S. Either way, he MUST get a divorce! If you would like further assistance with this matter, please do not hesitate to contact me at 1-800-408-5818 or by email at [email protected].
Not yet. First of all, he has to obtain a valid divorce and be able to remarry legally. If the application filed by his current wife is still pending, he needs to check on its status and resolve the outstanding applications before filing any new marriage-based petitions/applications with the USCIS. This may complicate the situation.
Also, it's important to know on what visa did he come to USA?
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