K1 Visa for someone who lived illegally in country

[miguelzo 0]

My fiance was brought to this country illegally when she was a child. She found out she was illegal when she turned 19 and tried to go to college, she then moved back to Mexico to continue her education. Can we apply for a K1 visa or the fact that she was here before illegally prevents us from doing so?

[Andy and Kayla 45]

I'm not sure whether it would affect her now, since she voluntarily went back to her country and wasn't deported/no ban imposed. I'll just bump this for now so someone more knowledgeable can weigh in.

[kzielu 1,149]

You can always apply to be correct. If he stayed in US more than a year, then he incurred 10 year ban and will likely need to apply for inadmissibility waiver.

[Bule&Cantik 8]

I have no knowledge of ths specific circumstance, however if she was brought here as a child, to me her parents would be the ones penalized not her.

Maybe someone can answer this more fully.

Edited July 5, 2012 by Bule&Cantik

[NigeriaorBust 4,087]

Until she was 18 her illegal presense didn't count against her. Once she was 18 it started to count. So she has a ban and will need a waiver if she hasn't been out of country long enough to have served that ban , You say she was 19 so it seems she has a 10 year ban. You need the I601 waiver but not the other one as she wasn't deported.

[Penguin_ie 5,996]

Until she was 18 her illegal presense didn't count against her. Once she was 18 it started to count. So she has a ban and will need a waiver if she hasn't been out of country long enough to have served that ban , You say she was 19 so it seems she has a 10 year ban. You need the I601 waiver but not the other one as she wasn't deported.

Sounds like she has a ban. This can be overcome with a waiver, but it is difficult.

[miguelzo 0]

Thank you everyone for your prompt responses. That is correct she left the country voluntarily after she found out she could not continue her education here. She has been living in mexico for 4 years now. Is it a bad idea to say she was never here; she has no criminal records here. I know it is always a bad choice to lie but we really want to be together...

[LeftCoastLady 441]

Thank you everyone for your prompt responses. That is correct she left the country voluntarily after she found out she could not continue her education here. She has been living in mexico for 4 years now. Is it a bad idea to say she was never here; she has no criminal records here. I know it is always a bad choice to lie but we really want to be together...

Never lie, especially to the government.

[NigeriaorBust 4,087]

A lie of that sort is called a material misrepresentation. If they EVER find out the truth they can terminate all immigration benefits she has gotten , send her out of the country and ban her from ever coming back. She would have to spend the rest of her life worrying that some background check would trip her up. It is better to be honest and not live looking over your shoulder.