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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Can I Get a Fiance Visa

    I came to usa on a tourist visa .. which expired in may 2007 .. before it expired I was married in april 2007 to an american citizen and filed an adjustment of status in june 2007 ( 1 month after my visa expiration) while my AOS was pending we seperated .. and I come back to my country without getting a divorce and without checking out at the airport in october 2007..

    now I am planning to marry another american citizen I met in my country after I get the divorce soon .. my qusestions are :

    1. do they consider my stay while AOS is pending illegal? coz I think that uscis doesnt have any idea that I left the USA ..
    2. can my new wife file a fience visa for me ?
    3.whats better in my case? get a fience visa and marry in usa or marry here and wait for my adjustment of status application?

    thank you very much

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can I Get a Fiance Visa

    In my opinion your situation is going to scream "marriage fraud" to the USCIS, and there's also a question of whether they would regard your entry on a tourist visa with an apparent intent to marry and adjust your status as fraud. I suggest consulting an immigration lawyer.

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