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.


Asked on 9/23/10, 12:48 pm

2 Answers from Attorneys

Latangie Williams Law Office of Latangie Williams, P.A.

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].

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Answered on 9/28/10, 12:58 pm
Luba Smal Smal Immigration Law Office

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?

If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).

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

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Answered on 9/28/10, 1:44 pm


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