Sponsoring my ex-husband

My ex-husband is a citizen of South Korea. We are going to remarry but I want to immigrate him to the U.S. I do not want to move back to South Korea. We were previously married in South Korea but, divorced in the U.S. We have 1 son who is 3 years old. What would be the proper course of action to follow in our situation? Should I file for a fiance visa?

Asked on October 10, 2017 under Immigration Law, Michigan


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It really depends on when and where you get married.  If you don't plan to get married until he comes to the US, you can file a fiance visa for him.  If you go to South Korea or somewhere else now and get married, you can then petition for him as a spouse.  The processing times will be about the same.  THe difference will be that if you get married first, he will enter already as an immigrant with a green card and will have employment authorization right away.  Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

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