Hi my name is Susan and I have a few questions about applying for permanent residency through marriage after you have been denied permanent residency due to change in circumstance.

On April 23, 2002 a friend of mine was admitted to the United States as a conditional permanent resident. His wife had petitioned for him to come to the United States so that they would build their lives together. Due to some unfortunate circumstances the marriage did not last. Given that the marriage lasted for a short period of time, it was not enough to award his permanent residency.

During his time in the United States, between April 23.2002 and June 2007, my dear friend worked, went to school, and paid his taxes. He also tried to prove that his marriage was entered into in good faith, but there wasn't enough proof to do so. Currently, this young man went back to his home country to finish his last years in school and obtain his degree.

I have known this man for 4 years and we have grown very close. We have discussed marriage, but we do not want to get married and live our lives apart. If he and I were to get married, and given his past situation, would I be able to petition for him to come back to the United States? If so, how long would we need to be married before I can petition for him and how long would it take for him to get a visa to come to the US to live with me. Also, if he were to come to the United States on a student, work, or tourist visa and we would get married, would he have to leave the country until I petition for him or can he stay with me during the petition process? If he were back in the United States and we got married, would I be able to petition for him to become a permanent resident right away or would we have to wait?

Your assistance in this matter would be deeply appreciated.

Thank you

Susan - I am NOT an attorney but am trying to do my homework in obtaining a visa for my fiancé's so am just lending you some of the stuff I have waded through - do not accept anything I write here before confirming with an attorney. First, don't try anything on your own - get legal guidance from SOME source to both expedite as well as attempt to avoid denial. Make absolutely sure his marriage has been legally dissolved (get documentation). If so, I don't think the length of time you are married determines when you can petition for his spousal visa. As I understand it, K1 visas travel through faster than K3(spousal visas). I have been advised that coming to US on a Tourist or other visa and then marrying and applying for an Adjustment in Status is risky and may result in deportation; it is seen by many as misuse of the Tourist visa for a fraudulent goal. A competent immigration attorney can answer your questions in a consultation and then you can decide upon the safest course to follow. From you consultation you can decide whether to continue with the attorney or strike out on your own. An awful dilemma you are in !