Marriage alone does not automatically allow someone who accepted voluntary departure to return to the United States. Whether your fiancé can come back depends on several factors, including how long he stayed unlawfully, whether any bars to reentry were triggered, and whether he departed within the time allowed. If he accrued unlawful presence, he may be subject to a temporary reentry bar that must be addressed before any visa can be issued. In many cases, the next step is a family-based immigrant petition followed by consular processing abroad, sometimes with a waiver. Speaking with an experienced immigration attorney is strongly recommended.

It is possible for someone who accepted voluntary departure to return lawfully, but marriage does not erase past immigration violations. The key issues are whether he left on time, whether he has prior removal orders, and whether unlawful presence bars apply. Typically, you would need to marry first, then file a family-based petition, and complete the visa process outside the U.S. If a bar applies, a waiver may be required to show extreme hardship to you as the U.S. citizen spouse. These cases are complex, so careful legal guidance is essential before taking next steps.