Cuban fiance - can he return home to settle matters after we marry

[magica]

What is the name of your state? Alaska

My fiance is from Cuba. He is here in the United States in Alaska with me now on his 90 day K2 visa. The expiration date of his visa is October 17, 2007. (which is more than 90 days so that is confusing.)

Before we marry we would like more information about what happens.

Will he be able to return home this winter to settle matters with his house and family?? Or will he immediately be forced to wait three years.?

If he has to wait three years we may not be able to marry because he has a small daughter and can't go more than a year without seeing her.

If we don't marry and he returns to Cuba do we have to wait for a period of time and start the application process over?What is the name of your state?

 

[evcalyptos]

What is the name of your state? Alaska

My fiance is from Cuba. He is here in the United States in Alaska with me now on his 90 day K2 visa. The expiration date of his visa is October 17, 2007. (which is more than 90 days so that is confusing.)

Before we marry we would like more information about what happens.

Will he be able to return home this winter to settle matters with his house and family?? Or will he immediately be forced to wait three years.?

If he has to wait three years we may not be able to marry because he has a small daughter and can't go more than a year without seeing her.

If we don't marry and he returns to Cuba do we have to wait for a period of time and start the application process over?What is the name of your state?

You seem to have some misunderstandings..

The Fiance visa is K-1 (K-2 is the child of a K-1.. that could be the case for your beloved--please clarify).

The expiration date of his VISA is irrelevant--what is the date on his I-94? That is where the 90 days comes from; you must marry before that date.

Why does he ever have to be 'forced to wait three years'?

After marriage, he will apply to Adjust Status to Permanent Resident. While he is waiting to become a Permanent Resident (Green Card) he can apply for a travel document called Advance Parole (form I-131).
There are special rules about traveling to Cuba, for Cuban expats. I am not up on the details, but I believe it is once per year to see family. It is not legal for anyone else 'under US jurisdiction' (you) to travel to Cuba. There may be other restrictions that HE should be aware of.

 

[magica]

You seem to have some misunderstandings..

The Fiance visa is K-1 (K-2 is the child of a K-1.. that could be the case for your beloved--please clarify).

The expiration date of his VISA is irrelevant--what is the date on his I-94? That is where the 90 days comes from; you must marry before that date.

Why does he ever have to be 'forced to wait three years'?

After marriage, he will apply to Adjust Status to Permanent Resident. While he is waiting to become a Permanent Resident (Green Card) he can apply for a travel document called Advance Parole (form I-131).
There are special rules about traveling to Cuba, for Cuban expats. I am not up on the details, but I believe it is once per year to see family. It is not legal for anyone else 'under US jurisdiction' (you) to travel to Cuba. There may be other restrictions that HE should be aware of.

I meant to say K2. - By the 3 years I was referring to the special rules for Cuban expats. As it stands now Cubans have to wait 3 years between visits to family.
We will look into applying for the Advance Parole because in order to maintain his rights in Cuba he needs to return there before 11 months is up.
The date on his visa says october but the 90 days are up September 15. We plan to marry sooner than that but we need all the information about how marriage can affect his ability to return to Cuba.