Illegal Status in Country of Residence

[vitalvisa 0]

Hello,

I'm new to VJ and have just started "considering" the K-1 process for myself and my fiance. Here's a little bit about us:

I met my fiance while vacationing in St. Maarten (Caribbean) in April 2005. Since then, I vacationed there again in July 2005 and again in March 2006. It was in March that we decided that there was something serious between us. I decided to move to St. Maarten temporarily from May 2006, and just returned August 30, 2006. During my stay in St. Maarten, we developed a strong relationship and determined that we would like to spend our lives together in the U.S.

So, here's my query:

My fiance has been living in St. Maarten ILLEGALLY for 10 years. He's originally from Dominica (not Dominican Republic). He's had solid employment for the past six years in St. Maarten, but his employer never filed for a work permit for him, so he's remained illegal.

At this point, we're considering that he return to Dominica during the K-1 process so that everything is legitimate and he is living LEGALLY in his home country.

Do you think the USCIS will frown upon his illegal status in St. Maarten?

Do you think it is a good idea for him to return to Dominica?

Because he hasn't lived in Dominica for 10 years, he will not have a solid employment background.

What do you think is more important -- his employment history or him living legally in his home country?

Also, if he does return to Dominica, we will still have to explain why/how he was in St. Maarten when we met and during our time together. How would you suggest we explain this?

HELP!?!

Thanks so much for reading and your help!

[Tim&Poonam 0]

Your case is complicated, I would seek a lawyer to proceed.

[seldi 1]

As far as I'm concerned USCIS can't verify that sort of information, I would be more worried about the embassy level.

[crew1980 1]

Vitalvisa,

Our experience is similar to yours. PM me and I'll share our story with you. Please only use our story as a reference, I'm not suggesting you do what we did or that you'll get the same results.

Toria and Salvador

[meauxna 15]

Hello,

I'm new to VJ and have just started "considering" the K-1 process for myself and my fiance. Here's a little bit about us:

I met my fiance while vacationing in St. Maarten (Caribbean) in April 2005. Since then, I vacationed there again in July 2005 and again in March 2006. It was in March that we decided that there was something serious between us. I decided to move to St. Maarten temporarily from May 2006, and just returned August 30, 2006. During my stay in St. Maarten, we developed a strong relationship and determined that we would like to spend our lives together in the U.S.

So, here's my query:

My fiance has been living in St. Maarten ILLEGALLY for 10 years. He's originally from Dominica (not Dominican Republic). He's had solid employment for the past six years in St. Maarten, but his employer never filed for a work permit for him, so he's remained illegal.

At this point, we're considering that he return to Dominica during the K-1 process so that everything is legitimate and he is living LEGALLY in his home country.

Do you think the USCIS will frown upon his illegal status in St. Maarten?

Do you think it is a good idea for him to return to Dominica?

Because he hasn't lived in Dominica for 10 years, he will not have a solid employment background.

What do you think is more important -- his employment history or him living legally in his home country?

Also, if he does return to Dominica, we will still have to explain why/how he was in St. Maarten when we met and during our time together. How would you suggest we explain this?

HELP!?!

Thanks so much for reading and your help!

If I were me, I would not consider a K-1 visa (well, I did briefly). I was dead serious about my guy, this is what I did, with links for your countries. We just celebrated 5 happy years together & he's a USC now.

http://www.amcongencuracao.an/Consular/Visa.htm

The U.S. Embassy in Bridgetown, Barbados provides visa services for residents of Sint Maarten, Saba and Sint Eustatius

http://bridgetown.usembassy.gov/embassy_countries.html

Barbados and the Eastern Caribbean: The U.S. Embassy in Bridgetown, Barbados is accredited to the following countries:

Antigua and Barbuda

Barbados

Dominica

Grenada

St. Kitts and Nevis

St. Lucia

St. Vincent and the Grenadines

(This means that for either country, he will use Barbados.)

http://www.visajourney.com/forums/index.ph...om&page=dcf

Countries where one should definitely consider non-resident DCF include Australia, Barbados, Cyprus, France, Greece, Japan, Malaysia, Netherlands, New Zealand, Norway, Sweden, Taiwan. These are all countries that are currently liberal to very liberal with their residency requirements for USCs.

(DCF is a very fast (less than one month in this case) way for a USC to petition their foreign SPOUSE to come to the US. The term usually includes the visa application.. ie, total time: one month)

http://bridgetown.usembassy.gov/visa_petitions.html

Immigrant Visas

Visa Petitions

The Consular Section of the U.S. Embassy in Bridgetown can only accept an immigrant visa petition from a U.S. citizen who is resident in or physically present in our consular district and who is filing for his/her spouse, child, or parent residing within our consular district. The petitioner must have all the originals of the following required documents and pay applicable fees:

Valid U.S. passport or U.S. birth certificate (not hospital certificate)

Marriage certificate (if filing for a spouse)

One passport-sized photo of the petitioner and spouse (if filing for a spouse)

Evidence of the termination of all previous marriages of both petitioner and beneficiary, i.e., divorce, death, annulment certificates

All documents not in English must be accompanied by a complete English translation. The translator must certify that the translation is accurate and that he or she is competent to translate.

Also, personal experiences:

http://www.visajourney.com/forums/index.ph...opic=10078&

You will have to use google/cached version to get rolltide's posts. The archives here are gone.

I emphasize that this is for serious relationships only. The USC's responsibility to the immigrant is not discharged with divorce, and the immigrant in this type of case gets a Green Card immediately. There is a forum here at VJ specifically for DCF questions.

[heathius 0]

I am not an expert on your situation, but there is some information you should know before proceeding.

When you file, you will have to list his current address. I don't think the USCIS will check his residency status in St. Maarten. But, once it passes the USCIS phase, the NVC and consulate have a right to do a background check on him. It is common for them to do background checks on beneficiaries.

Once the case reaches the consulate stage, the consulate will ask you to submit police reports for all countries in which your fiance has lived for 6 months or longer. If he doesn't supply a police report for St. Maarten and they find out that he was living there for 10 years, they may deny your case. Likewise, if you try to get the police report from St. Maarten, the police might find out about his situation and bar him from St. Maarten.

I think you should consult a lawyer on your case to figure out what your options are. There will be other options to make this happen, but you will both have to be a bit more flexible to make it work.

On a side note... Most immigration departments throughout the world look for patterns of visa misuse (overstaying, working without a permit, illegal entry, etc) when you apply for immigration. By knowingly living in St. Maarten illegally for 10 years, your fiance has assumed responsibility for all future immigration problems that could arise from that. And now, you are also assuming that responsibility by trying to bring him to the US. Understand that you are the K-1 petitioner (not your finace), so it is your job to prove that your fiance is not a risk to the US in any way (visa risk, fiancial liability, or safety risk).

Edited September 15, 2006 by heathius

[ready4ONE 5,400]

Sounds like several others have given you the advice part. I will just say good luck. I hope this can all work out for the two of you.

[vitalvisa 0]

Thank you for your advice on the DCF. Sorry it's taken me so long to reply, but every time I think about the process, it's heartwrenching!

After coming to grips with having to possibly get married immediately, I read through the DCF Guide and there is still a roadblock. The DS-230 form asks for residence and employment history for the past five years. How do we get around that? If we choose to omit the St. Maarten information, that would be dishonest (obviously!). But if we include the info, they will probably deny him on the spot because he lived in St. Maarten illegally for 10 years.

It seems that with every process available to us -- K-1, K-3, DCF -- that type of information is required.

At this point, I really have no clue what to do, and I don't think I can live without him in my life! I spoke with an immigration attorney and he said "DON'T LIE ON THE FORMS BECAUSE THEY WILL FIND OUT". I have an appointment with another attorney next week, but I have a feeling she's going to say the same thing.

So, the question is -- lie or don't lie?!? Or, have him move back to Dominica and wait five years so there's no sign of St. Maarten on any forms.

[john_and_marlene 162]

Thank you for your advice on the DCF. Sorry it's taken me so long to reply, but every time I think about the process, it's heartwrenching!

After coming to grips with having to possibly get married immediately, I read through the DCF Guide and there is still a roadblock. The DS-230 form asks for residence and employment history for the past five years. How do we get around that? If we choose to omit the St. Maarten information, that would be dishonest (obviously!). But if we include the info, they will probably deny him on the spot because he lived in St. Maarten illegally for 10 years.

It seems that with every process available to us -- K-1, K-3, DCF -- that type of information is required.

At this point, I really have no clue what to do, and I don't think I can live without him in my life! I spoke with an immigration attorney and he said "DON'T LIE ON THE FORMS BECAUSE THEY WILL FIND OUT". I have an appointment with another attorney next week, but I have a feeling she's going to say the same thing.

So, the question is -- lie or don't lie?!? Or, have him move back to Dominica and wait five years so there's no sign of St. Maarten on any forms.

Don't lie.

And, don't forget that he will need a police clearance from any country he has lived in for over 6 months since he was 16.

[lquin 0]

Hello,

I'm new to VJ and have just started "considering" the K-1 process for myself and my fiance. Here's a little bit about us:

I met my fiance while vacationing in St. Maarten (Caribbean) in April 2005. Since then, I vacationed there again in July 2005 and again in March 2006. It was in March that we decided that there was something serious between us. I decided to move to St. Maarten temporarily from May 2006, and just returned August 30, 2006. During my stay in St. Maarten, we developed a strong relationship and determined that we would like to spend our lives together in the U.S.

So, here's my query:

My fiance has been living in St. Maarten ILLEGALLY for 10 years. He's originally from Dominica (not Dominican Republic). He's had solid employment for the past six years in St. Maarten, but his employer never filed for a work permit for him, so he's remained illegal.

At this point, we're considering that he return to Dominica during the K-1 process so that everything is legitimate and he is living LEGALLY in his home country.

Do you think the USCIS will frown upon his illegal status in St. Maarten?

Do you think it is a good idea for him to return to Dominica?

Because he hasn't lived in Dominica for 10 years, he will not have a solid employment background.

What do you think is more important -- his employment history or him living legally in his home country?

Also, if he does return to Dominica, we will still have to explain why/how he was in St. Maarten when we met and during our time together. How would you suggest we explain this?

HELP!?!

Thanks so much for reading and your help!

I would definitly consult a good immigration attorney for this as your case is complicated. If he returns to the Dominica I still think he is going to have to list his previous residences for the past so many years.

As for work histrory is this important ?, as it is usually the USC that has to prove sufficient income.

I could be wrong but in any case I would definetly get an attorney for your case, as they will have experience and will know the best advice.

[chuckandkim 0]

To OP and "johnandmarlene"

The police clearance requirement is the huge issue and USCIS requires that piece of paper for a very good reason: to track any criminal and ban them from entering our country. Not saying your fiance is a criminal, but I do nothing he can get around that "illegal immigrant" issue. Do you know if he can obtain a PC from St. Maarten police dept? Does he register to pay tax or have a driver license or some type of ID? It would be hard for the PD to clear someone who is not shown in the system as resident or what not. I really hope they let it go and give him the PC. Only then you might have a chance!

However, if someone can tell me how the OP's beneficiary will come clean with the US Embassy and get Visa approval given that he "will" tell them he was living in St. Maarten "illegally" for 10 years? That's the part I say we have no control of it. The officer at the embassy may or may not ignore that fact and issue him a visa. As meauxna mentions earlier, I think these countries are pretty lax with their citizenship and therefore the US would be easy on their citizens as well? I could be wrong! So, as people already said, get a good lawyer, who knows how to deal with cases have specific characters as yours.

Good luck and I think we all are rooting for you!

chuck and kim

[vitalvisa 0]

Thank you everyone.

[meauxna 15]

Thank you for your advice on the DCF. Sorry it's taken me so long to reply, but every time I think about the process, it's heartwrenching!

After coming to grips with having to possibly get married immediately, I read through the DCF Guide and there is still a roadblock. The DS-230 form asks for residence and employment history for the past five years. How do we get around that? If we choose to omit the St. Maarten information, that would be dishonest (obviously!). But if we include the info, they will probably deny him on the spot because he lived in St. Maarten illegally for 10 years.

It seems that with every process available to us -- K-1, K-3, DCF -- that type of information is required.

At this point, I really have no clue what to do, and I don't think I can live without him in my life! I spoke with an immigration attorney and he said "DON'T LIE ON THE FORMS BECAUSE THEY WILL FIND OUT". I have an appointment with another attorney next week, but I have a feeling she's going to say the same thing.

So, the question is -- lie or don't lie?!? Or, have him move back to Dominica and wait five years so there's no sign of St. Maarten on any forms.

vv,

Believe it or not, I really empathize with your agonies, and I really hope you'll let them go.

Have you re-read the forms, particularly DS-230 I&II, to *really* read the questions? I have an admittedly old version but it reads:

20. List below all places you have lived for at least six months since reaching the age of 16, including places in your country of nationality. Begin with your present residence.

I dont' see the word 'legally' attached to that question.

I 100% agree with what the immigration attorney said so far: Do Not Lie on the forms. The penalty for lying is worse than the penalty for any misdeed.

The more important question is: what did the lawyer say BESIDES that?

Now, chuckandkim brings up a good issue, the police certificate. The police check is to check the applicant's *criminal* history. Aside from the fact that immigration violations are not typically criminal (including in the US), there is no interface that leads a courthouse record check to the immigration department.

(not saying this is how it is on the islands now, but I always had a laugh when I was in Belize and had my name and pp# hand written in the giant ledger book kept at each border. I always wondered how they reconciled my various entries and exits....)

Is he going to move from SM regardless of what visa path you take?

Have you considered applying for a police cert? Has he talked about this with any locals or other non SMers that might be living there? What else did either of you learn/uncover in the past weeks?

MY *quick* review of the other questions doesn't find anything else that is a stinkbomb question.

I AM NOT saying lie, evade the truth or bend the facts. I'm saying: you answer the questions that are asked.

Now, you have to find what are the right questions for YOU to ask. Keep digging; don't despair.

[Kweli 3]

At this point, we're considering that he return to Dominica during the K-1 process so that everything is legitimate and he is living LEGALLY in his home country.

Do you think the USCIS will frown upon his illegal status in St. Maarten?

Do you think it is a good idea for him to return to Dominica?

Because he hasn't lived in Dominica for 10 years, he will not have a solid employment background.

What do you think is more important -- his employment history or him living legally in his home country?

Also, if he does return to Dominica, we will still have to explain why/how he was in St. Maarten when we met and during our time together. How would you suggest we explain this?

HELP!?!

Thanks so much for reading and your help!

Let me give you my opinion. I got my K1 visa in France even though I'm not French. I'd been living there for 7 years. Each time I got a US visa they did ask me a proof of my legal status in France. First when I applied for my tourist visa and then for the K1. I even remember that during the K1 process the US embassy in Paris didn't ask me to show any proof of being legal in France. I sent packet 3 without a copy of my french visa. A few days later the Embassy called my home and asked to send a fax with the copy of my french visa so they could process my case.

Based on that experience, I can argue that they will definitely ask your fiance to prove that he's legal in St Maarten if he wants to have the interview in there. If he returns to Dominica all he'll have to show about his stay in St Maarten is a police report.

At the interview, if he's asked why he left the country he can just say that he got tired of it and decided it was time to go home. I doubt that they will ask him to prove that he was legal in St Maarten, since he will not be living there anymore. Now I don't know if you already sent back packet 3 . But if you didn't, let your fiance fill the form as if he was already living in Dominica. And if you're not at this stage yet, just fill the Packet 1 form as your fiance had already left Dominica.

Now about the attorneys, I don't now if they've through the K1 process once, but I've been and I am confident that your fiance will not be denied his visa on the ground of having been illegal in another country.

Good luck.

[john_and_marlene 162]

Now, chuckandkim brings up a good issue, the police certificate. The police check is to check the applicant's *criminal* history. Aside from the fact that immigration violations are not typically criminal (including in the US), there is no interface that leads a courthouse record check to the immigration department.

I know of at least 1 country that will not grant a police clearance if the status is not legal.