Can I Get a Marriage-Based Visa for My Fiancé After His 2015 Deportation From the U.S.?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I am a U.S. citizen planning to marry my fiancé in El Salvador. He was formally deported from the United States in 2015, has not re-entered since then, and has no criminal convictions. What should I know about marriage-based immigrant visa cases involving a prior deportation and consular processing in El Salvador?
He was deported back in 2015. Or do you mean something else?
Attorney Answer
A prior deportation does not automatically block a future marriage-based visa, and the fact that your fiancé has stayed outside the United States since 2015 without attempting to re-enter is genuinely good news for his case.
U.S. immigration law imposes reentry bars on people who have been formally removed, and the length depends on the type of removal. Under INA § 212(a)(9)(A), someone removed through a full order from an immigration judge generally faces a 10-year bar, while someone removed through expedited removal at the border generally faces a 5-year bar, and the bar can be longer, or permanent, for people removed more than once or removed after certain serious convictions. Since your fiancé has no criminal convictions and it has now been about 11 years since his removal, there is a real chance the standard time-based bar has already run, though this depends entirely on the exact type of removal order he received.
There is also a separate, harsher bar under INA § 212(a)(9)(C) for someone who reenters or attempts to reenter the United States without permission after being removed. That bar is effectively permanent and much harder to waive. The fact that your fiancé has not attempted to re-enter since 2015 matters a great deal, because it means this harsher bar generally should not apply to him.
What you can do
1. Get his exact removal record. An immigration attorney can request his full record through a Freedom of Information Act request to confirm the type of removal and whether the bar has already expired. 2. Confirm the right pathway with your attorney, since marrying abroad and filing Form I-130 as a spouse is a different process from a K-1 fiancé visa. 3. Prepare for consular processing at the U.S. Embassy in El Salvador, which will include its own interview and review of his admissibility. 4. Ask early about Form I-212, the application for permission to reapply for admission, in case the removal bar has not yet run, and about whether any separate inadmissibility ground would need its own waiver, since those steps can add significant time.
This is general legal information, not legal advice, and a local immigration attorney experienced in waivers and consular processing can pull his exact removal record and tell you which bar applies and what the realistic timeline looks like.
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Federal Immigration Resources
- Visit U.S. Citizenship and Immigration Services (USCIS) to check case status, forms, and official immigration guidance.
- Visit Executive Office for Immigration Review (EOIR) to find immigration court information and hearing details.
- Visit ImmigrationLawHelp.org to find nonprofit immigration legal-service providers near you.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
What's the difference between a K-1 fiancé visa and a marriage-based visa here?
A K-1 visa lets a fiancé enter the U.S. to marry within 90 days. Since you are planning to marry in El Salvador instead, you would typically file Form I-130 as a spouse afterward and pursue consular processing rather than use a K-1.
How do we find out exactly which reentry bar applies to my fiancé?
The type of removal order determines this, whether it came from an immigration judge or was an expedited removal at the border. An attorney can request his full record from DHS to pin down the exact bar and confirm whether it has already run.
What if a reentry bar has not expired when we apply?
The usual answer to a prior removal order is Form I-212, which asks the government for permission to reapply for admission before the bar has fully run. Certain other inadmissibility grounds instead need Form I-601, a waiver that requires showing extreme hardship to a qualifying relative such as a U.S. citizen spouse. An attorney can tell you which of these, if either, your fiancé actually needs.
