Worked illegally in Fiance's home country and China, what are odds of petition and Aff. of Support being approved?

[plantinseeds 0]

Hello,

 

I met fiance three years ago, I moved to her home country where I overstayed a tourist visa (3 months) and worked for a company there for around 14 months (aware this is illegal). After this we both moved to China to work as ESL teachers under student visas (also illegal). I obviously have not filed taxes for these past 2 years, but also didn't file taxes in 2014 when I worked legally in the U.S. I plan on filing back taxes for the last 3 years as soon as I return to the U.S.

 

Now I will return to the U.S. and my fiance will return to her home country. I would like to petition for her to come to the U.S. so we can get married, but I'm having some serious doubts if it will be possible because of my financial and work history from the last 3 years.

 

Question 1: If I disclose all information above about our history, what will the odds be of successfully petitioning for my fiance to come to the U.S. to get married?

 

Question 2: If applying for K1 visa is unlikely, what would the next best option for us to get married and live in the U.S. together be?

 

I realize I've been very irresponsible, but I made these decisions because they were the best for us to be able to live together and continue our relationship.

 

All the best,

Jack

 

Disclaimer: I've made a similar post to this before, but didn't include all of the facts or ask the same questions.

[Penguin_ie 5,992]

1. Illegal work by the petitioner abroad will not affect the petition in a major way.  The beneficiary may get a few questions about it at interview, but the USA is more interested in illegal activity in the USA, or major crimes that would be a felony in the USA.

While you do need to backfile taxes, the important thing for the financial support is current and ongoing income- ie what salary you are making from here on in, especially once it comes to the embassy interview, where she will have to present the I-134.  Do you have a job lined up or are reasonably certain you can get one which is above the poverty line and have a few months pay stubs once the interview rolls around?

 

2. The other option is to get married abroad, and then file for a CR-1 spousal visa.  This takes longer (12-14 months from filing to interview, vs 5-7 for the K1), but it is cheaper and mans she can travel and work right away when she arrives.

[Boiler 44,971]

Sort out your taxes and I see no issue.

[plantinseeds 0]

2 hours ago, Penguin_ie said:

1. Illegal work by the petitioner abroad will not affect the petition in a major way.  The beneficiary may get a few questions about it at interview, but the USA is more interested in illegal activity in the USA, or major crimes that would be a felony in the USA.

While you do need to backfile taxes, the important thing for the financial support is current and ongoing income- ie what salary you are making from here on in, especially once it comes to the embassy interview, where she will have to present the I-134.  Do you have a job lined up or are reasonably certain you can get one which is above the poverty line and have a few months pay stubs once the interview rolls around?

 

2. The other option is to get married abroad, and then file for a CR-1 spousal visa.  This takes longer (12-14 months from filing to interview, vs 5-7 for the K1), but it is cheaper and mans she can travel and work right away when she arrives.

 

Thanks for the replies,

 

I don't plan to work full-time once I get back to the U.S. but instead continue my studies. Maybe this will be unrealistic, but I plan on getting the help from a co-sponsor regardless if I start work full-time or not (just in case)

 

I need to do more research on CR1 visa, but it sounds like a great option as well in our case.