Has anyone met fiancé while they were illegally in USA?

[Travis and Meghan 24]

If you were to get refused for the K-1 visa then getting married and applying for a spouse visa won't necessarily work either. especially if the reason for a K-1 denial still isn't resolved before applying for Cr-1

[desmond&molly 5]

Couldn't they marry and have US citizen petition and ask for a waiver for his EWI? Sounds like what happens to couples who are residing in the US but that can't AOS because of EWI. You just have advantage that you're together while the waiver is processed and if it's denied you've mentioned you don't mind living abroad. How long was he in the US and was he an adult when he entered? Because after serving his 3 or 10 year ban he should be able to be petitioned without needing to ask for waiver, or am I totally off?

[Liz&Nate 23]

I don't know if this is common or not, but it would seem strange if it weren't something that comes up once in a while. I think the important thing for you here is to prepare for your fiance's interview and be as truthful as possible. You have to research the waiver process just to know what would be the next step in case he got denied a visa. Lying is not going to do him or you any good, and preparedness is worth gold. The questions in CDJ are usually easy unless there's suspicion of a fraudulent relationship, so my advice would be to be prepared, look at the K1 reviews for CDJ on this site, and research about the waiver process.

[sachinky 465]

If you have been living in Mexico for the last 3 years, proving extreme hardship is going to be tough in this case for the waiver.

[Boiler 45,537]

Assuming he has illegal presence of more than 180 days after the age of 18 he will have a ban, 3 or 10 years.

However you can file a waiver for that ban - I 601 - which will allow him to enter either as a fiance or spouse.

It does not matter whether you go fiance or spouse route for the waiver, there are advantages in going the spouse route in other areas.

CDJ is by far the easiest Consulate to go through, after all this is their staple business and they are very used to dealing with this sort of situation.

Just to make sure there is nothing that can bite you, have at least a consultation with an Immigration Lawyer, can be done by phone:

http://immigrate2us.net/forum/showthread.php?91329-Immigration-Lawyers-Recommended-by-I2US-Members

Recommended Lawyers

[Richard-Y-Abigail 18]

My wife and I were in Juarez, going through the K-1 process. While we were there, we stayed at a hostel, where, at the time, there had been a young man who had to wait one year before he could apply again. He did receive his visa. Another woman who stayed there, after voluntarily leaving the USA, also got her visa. I believe that there is always hope. We wish you the best.

[adriana152115 0]

Im not sure about the fiance approval but you have a good chance at getting approved if you get married.

I do understand it will come up during the interview and he is going to tell them the exact story about coming to the states. I'm not worried because if this visa doesn't work out we are going to marry in Mexico and try to have him come over and if that in the end doesn't work out then we are just going to keep living in Mexico like we've been doing for the past 3 years. It would be nice to go back to the states however it is not a necessity and won't effect our relationship