My fiancee was arrested june 16th. We have been engaged since june 13. He was arrested for a controlled substance. It was veerryy little and the judge told him that he has to enter a diversion program! He has to! He told him his program starts early August. OK Well he signed a voluntary departure. And he talked to someone from Immigration and they told him that it was voluntary return? So he could come back whenever? Now Im confused He told me that His visa DOES NOT expire till March 2010! But the reason why, He was in an immigration hold is because he had overstayed his "status" some I-94 thing or something. Okay Now Im confused will he be able to come back to the U.S.? I allready know about the 3 year bar, It might apply to him. He overstayed his form I-94. He has been "Illegal" for about 200 days that is under a year! So I know he cant get more than a 3 year ban! Im so confused! This is the first time since he was 13 that he goes back to Mexico! This is the first time he signs a voluntary departure and to top it off He lost his damn I-94 thing! But He still has his Visa. My question is does he really need the I-94? Is It really necessary ? What could happen if he wants to come back and He just uses his Visa? When they scan it, Will they arrest him or do something? Im confused all I know is that HE HAS TO COME BACK for the diversion program even if he gets deported later! Another thing, I AM ENGAGED! Whether the goverment cares or not! Should I ask for an fiancee petition? Would that be better? Because Originally I was going to marry him first in Mexico then ask for a marriage spouse petition? What would be better ???