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  1. #1
    Join Date
    May 2013
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    Default How to Get a FiancÚ Visa and Waiver for My Deported FiancÚ

    My boyfriend was deported twice to Mexico in 2009. I would like to apply for a fiance visa so that he can come to the US and we can get married. Will I be able to fill out a waiver so that the visa gets approved? Or should we get married in Mexico and I can apply for a spouse visa as well as the waiver?
    Thanks.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Boyfriend Deported for Four Years Now, Can I Apply for a Fiance Visa and Get a Wa

    You can do whatever you want. It sounds like you'll be wasting your money - you suggest was deported, then illegally reentered and was deported again, which would trigger a lifetime bar, and you've not identified a single fact that would justify a waiver.

  3. #3
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    Sep 2011
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    Default Re: Boyfriend Deported for Four Years Now, Can I Apply for a Fiance Visa and Get a Wa

    If you really love him, you will be moving to Mexico.

  4. #4
    Join Date
    May 2013
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    Default Re: Boyfriend Deported for Four Years Now, Can I Apply for a Fiance Visa and Get a Wa

    He was told he had a 5 year bar. Should I wait until that is over, which will be June 2014, then apply for a fiance visa. He was told on his 2nd deportation it was a 5 year bar and that is what it says on the paperwork he signed.

  5. #5
    Join Date
    Jan 2007
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    1,695

    Default Re: Boyfriend Deported for Four Years Now, Can I Apply for a Fiance Visa and Get a Wa

    You absolutely should use an attorney, and it is unlikely to be successful. Based on the length of time for the process, he would have served out the ban before it could be processed.

    Since you are a US citizen, you are free to move to his country to marry until you could apply for him. Recall that no immigrant visa is guaranteed. It is in your best interest to use an immigration attorney to assist in preparing future paperwork based on his history. If his full history is discovered, he may be in the situation Mr. Knowitall described.

  6. #6
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    Default Re: Boyfriend Deported for Four Years Now, Can I Apply for a Fiance Visa and Get a Wa

    The period of ineligibility resulting from the deportation is not the same thing as the period of ineligibility that would result from unlawful entry after a prior deportation. As you chose not to share any relevant information on that issue, as T53147 suggests, go consult an immigration lawyer with the full facts. Note also, merely having his period of ineligibility expire does not mean he'll be granted permission to again enter the U.S.

  7. #7
    Join Date
    May 2013
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    3

    Default Re: Boyfriend Deported for Four Years Now, Can I Apply for a Fiance Visa and Get a Wa

    Thanks, we are not trying to hide anything. His first deportation, he was just dropped off across the border. His second deportation in 2009 is when he signed the 5 year ban. What good are the waivers for if we cannot use them for that purpose?

    - - - Updated - - -

    I would also like to add that even though he has a deportation, he doesn't have any criminal history besides the illegal entry.

    - - - Updated - - -

    What relevant info? The full facts are that he was deported because he was here illegally. He has no other criminal record. I guess the bottom line is that I am going to do what ever it takes to bring him back over here. We are in love and want to get married. I will do whatever it takes to accomplish that.

  8. #8
    Join Date
    Jan 2006
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    38,439

    Default Re: Boyfriend Deported for Four Years Now, Can I Apply for a Fiance Visa and Get a Wa

    Quote Quoting tmbaldino
    View Post
    We are in love and want to get married. I will do whatever it takes to accomplish that.
    and you can't love him in Mexico?

    Since he is actually an admitted criminal (illegal entry into the US multiple times), suggesting you would do anything to get him back over here suggests you are willing to conspire with him to commit yet another crime. If he really wants to stay here, just have him continue to do what got him the ban. I suspect, eventually, he will not only be allowed to stay but actually required to stay. He would even be given gifts of room and board. The downside; you will not be able to act as his wife in the physical activities but from what I hear, there are plenty of others that would act as your proxy.

  9. #9
    Join Date
    Sep 2011
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    Default Re: Boyfriend Deported for Four Years Now, Can I Apply for a Fiance Visa and Get a Wa

    OP would rather break the law to live here in the US.

  10. #10
    Join Date
    Apr 2009
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    35,894

    Default Re: Boyfriend Deported for Four Years Now, Can I Apply for a Fiance Visa and Get a Wa

    Quote Quoting tmbaldino
    View Post
    Thanks, we are not trying to hide anything. His first deportation, he was just dropped off across the border. His second deportation in 2009 is when he signed the 5 year ban. What good are the waivers for if we cannot use them for that purpose?

    - - - Updated - - -

    I would also like to add that even though he has a deportation, he doesn't have any criminal history besides the illegal entry.

    - - - Updated - - -

    What relevant info? The full facts are that he was deported because he was here illegally. He has no other criminal record. I guess the bottom line is that I am going to do what ever it takes to bring him back over here. We are in love and want to get married. I will do whatever it takes to accomplish that.


    Waivers are good for HARDSHIPS. As in genuine hardships. As in, you have babies together and you've suddenly become disabled and he is the ONLY source of income you'd have.

    Not for "oh but I love him".

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