If you haven’t done so already, speak to an immigration attorney immediately and do so definitely before leaving the US!
Because you’ve been in the US illegally for 3 years, once you leave the country, you won’t be able to return for 10 years unless a hardship waiver is approved, which can be quite difficult. For a waiver to be approved, your fiancé would have to show that he will suffer extreme hardship if you are not allowed to return to the US, and the simple fact of your being separated is not necessarily enough to establish extreme hardship.
Rather than pursuing your K-1 Fiancée Visa, you may be able to remain in the US and apply directly for a green card. An attorney will be able to fully assess your situation and propose the best path for you to pursue. If you’d like to arrange for a telephone consultation with me, please contact my office by e-mail or phone at (617) 889-0215. My fee for such a consultation is $85.
Edward Weiner
Attorney at Law
E-mail: E.Weiner@immigration-aux-usa.com
Internet Site:
http://www.immigration-aux-usa.com/