Denton, TX Immigration Law Firms & Lawyers

Assuming the previous marriage was not fraudulent and he has no other basis of inadmissibility, he may remain in the US and adjust status under 245(i) once he marries you.

The answer is that it is unlikely that any action you take will necessarily lead to your spouse's removal and deportation from the US. Sounds like your spouse was granted lawful permanent resident (LPR) status on a conditional status. What that means is that his LPR status is good for two years from the date of its approval. During the 90 day period before the expiration of his two year LPR status, he is required to file a Form I-751, Petition to Remove Condition on Residence, with CIS. There are 4 ways to file the I-751. It can be filed jointly by you and your spouse or it can be filed under one of three "waiver" categories. Choosing the proper I-751 depends on the client's situation. Because you and your spouse are having difficulty in the relationship, I would highly recommend that he seek the advice of an attorney who can provide the proper guidance on the right way to file the I-751. Truth is that divorce will not automatically terminate your spuse's conditional LPR status. But, divorce will throw some difficulties into the mix. And rather than attempt to explain all of the possibilities, I think it more important for your spouse to seek the advice of a knowledgeable attorney who can provide real experience in advising n the best route to be followed. Having seen my fair shard of these cases go bad because folks did not sit down with a lawyer, ask questions and understand the options available, I cannot suggest in any stronger terms that your spouse figure out what to do and how to do it. His green card will expire at the end of the two year conditional LPR status and it is exceedingly important that he do something before that green card expired. I am also concerned regarding th information that you provided about drugs and gambling and I would suggest that an honest and frank discussion with a professional legal service provider is the best way to go. Unfortunately, clients often attempt to BS their way thru these issues and hope that no one finds out. An open and honest discussion with any attorney looking to represent your spouse is important. Find a good attorney, we ar out there. Good luck.

Perhaps a visitor's visa could be issued within 3 months, but they can be challenging to obtain. The K-1 can take up to a year and so does the permanent residence process (if you were to marry in Honduras).