Do you think that we may be denied the K-1???

[bittbook 0]

My fiance and I just filed for the K-1 Visa this week. I know that we have to wait a little while to get any information... but we are really worried about a few things and just want to know what to expect.

He came to the US illegally about 4 years ago and about 3 years ago we met, dated, fell in love and got engaged.

We wanted to do things the right way so he went back to his home country, Mexico, and we started gathering everything for the K-1.

It has now been over a year since he went back and I have gone to visit him once since then.

Because of his being here illegally for more than 180 days, are we likely to be denied the Visa?

Are there any waivers or other things that we can do?

If you have any advice please share!

[canadian_wife 1,829]

Yes, he is likely to be denied the visa due to the illegal entry and presence. If he is over the age of 18 when he was here, then he's looking at a 10 year ban (assuming no other aggrevating factors come into play).

The I-601 waiver can be filed and should be prepared before the interview as I believe CDJ allows you to submit them the day of the denial. In this, you must explain how you will endure extreme hardship if he is not returned to the US and why you cannot move to Mexico. I strongly suggest you get a lawyer for this process.

Also, swing on by to immigrate2us.net as they specialize in waivers.

Good luck

[A + M 29]

So, what is the grace period then ? Staying illegally for less than 180 days ? Or someone can expect a denial for one day or 1 week of an overstay ?

[Krikit 1,165]

Consequences of Unlawful Entry

[PanamaJack 1]

My fiance and I just filed for the K-1 Visa this week. I know that we have to wait a little while to get any information... but we are really worried about a few things and just want to know what to expect.

He came to the US illegally about 4 years ago and about 3 years ago we met, dated, fell in love and got engaged.

We wanted to do things the right way so he went back to his home country, Mexico, and we started gathering everything for the K-1.

It has now been over a year since he went back and I have gone to visit him once since then.

Because of his being here illegally for more than 180 days, are we likely to be denied the Visa?

Are there any waivers or other things that we can do?

If you have any advice please share!

You did not say if he was caught here illegally or did he just return because he wanted to?..This makes a difference on what advice we can give to you........

Edited January 31, 2010 by PanamaJack

[bittbook 0]

You did not say if he was caught here illegally or did he just return because he wanted to?..This makes a difference on what advice we can give to you........

Well, if it will help to know more.... I'll give a little more detail.

When he first came up to the US he tried to come up using a false ID and was stopped in the border. they took his pictures and his thumb prints and sent him back. The next day he tried again using the same things and he made it through. He lived in the US about a year before I met him. After we met, dated, and got engaged we decided that things needed to be done right. So, he voluntarily took a plane back down to Mexico.

He's been down there ever since.

We're just worried that his choices and illegal entrance and working may have harmed our chances of getting the visa.

Again, any help is welcome! thanks so much

[PanamaJack 1]

Well, if it will help to know more.... I'll give a little more detail.

When he first came up to the US he tried to come up using a false ID and was stopped in the border. they took his pictures and his thumb prints and sent him back. The next day he tried again using the same things and he made it through. He lived in the US about a year before I met him. After we met, dated, and got engaged we decided that things needed to be done right. So, he voluntarily took a plane back down to Mexico.

He's been down there ever since.

We're just worried that his choices and illegal entrance and working may have harmed our chances of getting the visa.

Again, any help is welcome! thanks so much

I just called a friend who is a border patrol agent out of San Diego , Calif and works the border crossing at Tijuana.... I left a message for him to call me back because he is at work now.. But if as you say he used a false ID ,you obviously are not filing with that false ID...... so as I see it now the only problem you might have is the index finger print if it is a problem at all.. It seems as you have no problem... But let him get back to me first..OK?

PS: Did he also have a false passport? How did he board the plane? What form of ID did he use?

[bittbook 0]

I just called a friend who is a border patrol agent out of San Diego , Calif and works the border crossing at Tijuana.... I left a message for him to call me back because he is at work now.. But if as you say he used a false ID ,you obviously are not filing with that false ID...... so as I see it now the only problem you might have is the index finger print if it is a problem at all.. It seems as you have no problem... But let him get back to me first..OK?

PS: Did he also have a false passport? How did he board the plane? What form of ID did he use?

Thanks so much! I am very interested to know what your friend may be able to tell us.

My fiance had a valid Mexican Passport (his own) and so he had no problem getting back into Mexico.

[PanamaJack 1]

Thanks so much! I am very interested to know what your friend may be able to tell us.

My fiance had a valid Mexican Passport (his own) and so he had no problem getting back into Mexico.

Where did he cross the border?

[bittbook 0]

Where did he cross the border?

He said that he was in Tijuana Mexico and came up in San isidro California

[PanamaJack 1]

He said that he was in Tijuana Mexico and came up in San isidro California

OK here is the dirt on this dielemma.... My friend just returned my call and said that there is a 50/50 chance of your petition being approved.. US border patrol and USCIS are in the same dept. but 2 different agencys.. He could not say for sure if you have a problem because it appears he was here as a crop picker as you stated he was working here in the USA. [Just speculation]...I do not want to give you bad advice as some other posters do because they only guess the answer.. I am sorry I cannot offer you a better answer..But I can give you the number for USCIS and I recommend you call them on Monday..Ask this question to them and DO NOT GIVE THEM ANY NAMES ! 1-800-375-5283.. I know from experience if you call them and they transfer you to a USCIS agent other than the person who answers the phone they will ask you for a name and then enter that name into their computer thus causing you more grief than you need. It may not be a problem because if he entered with a false ID and the left with a valid Mexican passport there is no real record of when he came into the USA with his real name.. The Photo and fingerprint as I stated before is what may be your problem. Because even if you do get past the NOA-1 and NOA-2 there is always the NVC that will have his photo because you must submit a passport photo of him with you I-129F petition.. ....best of luck to you and call the number I just gave you to confirm the facts of your issue...

[sachinky 465]

Remember an EWI (entry without inspection) is very different from an overstay.

Be prepared to be denied at the consulate level and have a hardship waiver ready.

[canadian_wife 1,829]

OK here is the dirt on this dielemma.... My friend just returned my call and said that there is a 50/50 chance of your petition being approved.. US border patrol and USCIS are in the same dept. but 2 different agencys.. He could not say for sure if you have a problem because it appears he was here as a crop picker as you stated he was working here in the USA. [Just speculation]...I do not want to give you bad advice as some other posters do because they only guess the answer.. I am sorry I cannot offer you a better answer..But I can give you the number for USCIS and I recommend you call them on Monday..Ask this question to them and DO NOT GIVE THEM ANY NAMES ! 1-800-375-5283.. I know from experience if you call them and they transfer you to a USCIS agent other than the person who answers the phone they will ask you for a name and then enter that name into their computer thus causing you more grief than you need. It may not be a problem because if he entered with a false ID and the left with a valid Mexican passport there is no real record of when he came into the USA with his real name.. The Photo and fingerprint as I stated before is what may be your problem. Because even if you do get past the NOA-1 and NOA-2 there is always the NVC that will have his photo because you must submit a passport photo of him with you I-129F petition.. ....best of luck to you and call the number I just gave you to confirm the facts of your issue...

USCIS will approve her petition, the consulate in CDJ will deny it. You should direct your questions to the consulate and not USCIS as they are the ones who have the final decision, not USCIS.

When you said he tried to use a fake ID, what was the fake ID he used? And remember, every time you use your passport, it gets swiped and recoreded so there is evidence he traveled from the US to Mexico - assume the consulate will know everything.

[SunDrop 59]

USCIS will approve her petition, the consulate in CDJ will deny it. You should direct your questions to the consulate and not USCIS as they are the ones who have the final decision, not USCIS.

When you said he tried to use a fake ID, what was the fake ID he used? And remember, every time you use your passport, it gets swiped and recoreded so there is evidence he traveled from the US to Mexico - assume the consulate will know everything.

IMHO, you should seriously consider getting advice from a good immigration lawyer, because from the sounds of things he gained entry through misrepresentation (of his true identity), worked whilst present in the US and overstayed. This isn't a "simple" overstay unfortunately.

[canadian_wife 1,829]

I agree, in post #2 I already suggested a lawyer

Edited January 31, 2010 by canadian_wife