Answered on Jan 29th, 2019 at 6:41 PM
Your fiancé should get himself a good lawyer for the criminal charge as a conviction for domestic violence would bar him forever from the United States. If the charge is dropped or changed to one not involving domestic violence, he would have the ability to present whatever equities that he has in front of an immigration court as long as he does not already have an order of removal. Even if he has an order of removal in the past or in the future and is removed, you could still marry him and you can both file for waivers of unlawful presence (I-601) and deportation (I-212) while he is in his home country. Hopefully the waiver applications would be approved. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.