Expert: MRZ - 5/9/2008

Question
My husband came to the US under a fiance visa I believe it's a K2 visa. They divorced after 10 months without him taking any steps towards the necessary legalities for him to stay here. They also have a child. That was 6 years ago and he and I got married two 1/2 years ago. We have been to 2 lawyers about pursuing papers for him and they both said he would need to return to Colombia and refile to come back here. They also said that he could be waiting to return during this process for 2-3 years. I am exasperated. I am willing to move to Colombia to fix this problem. Do you have any knowledge about such things and what would be my first course of action? If not can you recommend a source of REAL info, it's so hard to get any hard facts. Also, how frighened should I be as an American gringo going to live in Colombia? Help!!!

Answer
If he did not adjust his status, it means that he remained in the U.S. undocumented. Which means that he married you as an illegal alien. (hate that term)
Once his first marriage took place in the U.S., he had to apply to adjust to residency status. Note that he would first generally obtain a two-year conditional residency and would have to file additional paperwork later for the conditions to be lifted.
He was required to file a petition with the USCIS to have the conditional resident status removed. The petition had to be filed 90 days before the second anniversary of his admittance into the U.S on an immigrant visa, or adjusting status on marriage, if your spouse entered on a fiance visa.
So all that says that indeed he would have to leave the U.S. and refile from Colombia.
For you guys to take residency in Colombia while the process of his visa goes trough, Colombia is a safe country. Safety has improved ten fold in the last 6 years. Stay in bog cities and apply the same judgment you would in any other country.
If you need any help or have extra questions email, info@colombianpossibilities.com or call 703-652-3850
Thanks
Marta