not sure what from is correct for my situation

[annab 0]

went through k-3 process to bring my Mexican fiance over here. He arrived, we were married but didnt file the AOS for various reasons and then a family issue came up that required him to return to MX. We are still married and he wants to return to US now, but we're not sure what forms/petitions we need to file, whaqt the process is and what is the least expensive way to do this. How long will it take? Please help with any advice that can be offered.

[Penguin_ie 5,996]

Was it a K1 fiance) or K3 (spousal) visa?

If K3:

When did he get his K3 initially? The K3 is a multiple entry visa, so depending on the timeline, he may be able to return without any additional fees and paperwork.

If K1:

You will need to file for a spousal visa (CR-1, or IR-1 if married longer than 2 years). Takes 6-8 months, but he won't need to adjust status after.

[annab 0]

Was it a K1 fiance) or K3 (spousal) visa?

If K3:

When did he get his K3 initially? The K3 is a multiple entry visa, so depending on the timeline, he may be able to return without any additional fees and paperwork.

If K1:

You will need to file for a spousal visa (CR-1, or IR-1 if married longer than 2 years). Takes 6-8 months, but he won't need to adjust status after.

[annab 0]

Thanks for your response. He came here to US on K1 fiance visa from MX and we were married on 4/12/10. So the Cr-1 is what we need to file? Any other pertion or form that needs to be filed? From what I've read, the I-30 is filed with the k-3 visa-but I'm confused...is the k3 visa only used if we were married overseas and I came hoem to US then started the process to request to have my spouse migrate to the US???

[Penguin_ie 5,996]

The K3 used to be a spousal visa to get people here faster, but not anymore, it is dead. You will file for a CR-1, no paperwork other than what is in the Guides here.