K-3 Visa and I-601 form

[bella coppia 0]

Hello, I need some help at the moment. My fiance and I are planning on marrying very soon, then we will need to process the K-3 visa. We have decided to do this visa since he is already in the USA. My question is, he has been married before 2 times to american women and overstayed his Visa and is now living here illegally. When we get married and try to go through the process how will his past marriages look on paper? Please help with any advice on how we should proceed, should we get a great lawyer or try to do this a less expensive way. We were told we may need to do a I-601 form, can you also tell me about that. Thank you so much for your help!!

[belinda63 3,022]

Question

1. How did he enter the US initially? specifically what visa or was it VWP?

You may or may not be able to adjust status for him from inside the US depending on how he arrived here.

Comments.

K-3/Cr-1 visa's are for spouses who currently live overseas. Same for the waiver. So are you planning on him to return to the UK? Depending on how long he has been in the US illegally he will incur a ban as soon as he leaves thus the need for a waiver.

As to his prior marriages, without knowing all the details, Yes it will create a problem as it will look in USCIS's eyes that he is just trying to obtain a green card.

Personal Opinion

I would be very, very careful about this one, you may have the most wonderful, trusting relationship in the world and maybe I am wrong but his history of two prior US wives and staying illegally would make me question his motives. But this is between you and him.

[bella coppia 0]

Thank you for your reply. Heres some back history;

He entered the US in 98 on a visitor visa, ended up overstaying and met a girl. They married for 2 years and then divorced without doing paperwork. He moved back to England in 2000. He came back to the us in 2003 on another visitor visa and overstayed again, in 2008 he married another girl and realized immediately it was a mistake and has been trying to get an annulment ever since. During the time that he enrolled in an annulment, we happened to meet each other. So, he never tried to apply for citizenship before just made stupid mistakes. Will that make a difference since he never tried to put paperwork through? This is more for personal reasons for myself and our future that he become legal. Also, i think we might be able to do an adjustment of status since he is already here is that true?

Again thank you for your comment and your warning. Both are appreciated.

[pushbrk 12,605]

Thank you for your reply. Heres some back history;

He entered the US in 98 on a visitor visa, ended up overstaying and met a girl. They married for 2 years and then divorced without doing paperwork. He moved back to England in 2000. He came back to the us in 2003 on another visitor visa and overstayed again, in 2008 he married another girl and realized immediately it was a mistake and has been trying to get an annulment ever since. During the time that he enrolled in an annulment, we happened to meet each other. So, he never tried to apply for citizenship before just made stupid mistakes. Will that make a difference since he never tried to put paperwork through? This is more for personal reasons for myself and our future that he become legal. Also, i think we might be able to do an adjustment of status since he is already here is that true?

Again thank you for your comment and your warning. Both are appreciated.

If he last entered the USA legally and is still here, he is not subject to any ban as long as he stays. In that case, (since visas are used to enter the USA and he already entered) he needs no visa. After you marry, he can apply to adjust status. All of his past relationships and immigration issues will come into play at the interview as the adjudicator makes a judgment about whether the marriage relationship is genuine or just for immigration purposes.

[bella coppia 0]

If he last entered the USA legally and is still here, he is not subject to any ban as long as he stays. In that case, (since visas are used to enter the USA and he already entered) he needs no visa. After you marry, he can apply to adjust status. All of his past relationships and immigration issues will come into play at the interview as the adjudicator makes a judgment about whether the marriage relationship is genuine or just for immigration purposes.

Thank you thats good to know...so the question might come up about why he married twice before but as long as we have all of our documents together and pictures for the last 2 years we should be ok?

[pushbrk 12,605]

Thank you thats good to know...so the question might come up about why he married twice before but as long as we have all of our documents together and pictures for the last 2 years we should be ok?

I didn't say that at all. I'm sure all immigration related issues including the previous marriages will be considered in the process of determining whether the current marriage is genuine, not just that the question might come up. You can be assured many questions will be raised as a result of his past immigration record and that you will need strong evidence YOUR marriage RELATIONSHIP is genuine, not just technically legal. If his only offense is an overstay, and your relationship is judged to be genuine, his adjustment of status would be successful and the overstay forgiven.

[bella coppia 0]

I didn't say that at all. I'm sure all immigration related issues including the previous marriages will be considered in the process of determining whether the current marriage is genuine, not just that the question might come up. You can be assured many questions will be raised as a result of his past immigration record and that you will need strong evidence YOUR marriage RELATIONSHIP is genuine, not just technically legal. If his only offense is an overstay, and your relationship is judged to be genuine, his adjustment of status would be successful and the overstay forgiven.

Great thank you, I have no doubt we can prove our marriage/relationship is genuine. We have been living together as a family for almost a year now and we have plenty to back us up. I am sure the process will still be grueling and his past immigration issues can be a problem, I am just nervous he will be deported. Thanks again for your help.