Granger, TX Immigration Law Firms & Lawyers

The short answer is yes, he will need to go back and apply at a consular post. He will need a waiver. There are other issues that you must consult with a seasoned immigration attorney. Like for example if he left US and re-entered without inspection he will not be eligible for at least 10 years.

This looks like a situation that cannot easily be resolved. K1 processing through both USCIS and the State Department will likely take longer than three months. An expedite will be both expensive and 'may' prove futile. You will eventually or likely need your family to act to show it can support you. If you overstayed a Honduran Visa, then the U. S. may be unwilling to accept the applications for 'more expedited processing. However, that's unclear without further negotiation. It's unclear whether you can afford an attorney. The visa laws are rather insensitive to your situation. I wish you luck, but be prepared to deliver the child without him unless the child will be born in Honduras and seek a certificate of birth abroad. This may be an additional challenge.

That one conviction is not likely to be a problem; but what is his current immigration status? That is the bigger issue as he may need to apply for an immigrant visa at his home consulate.