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1997pumpkin

K-1 Visa Process Having Undocumented Parents

By 1997pumpkin in K-1 Fiance(e) Visa Process & Procedures

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Boiler Grand Master

Boiler   45,899

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
Just now, 1997pumpkin said:

She crossed the US border undocumented, without any kind of visa

Well we got there so back to point 1 and no basis for being legal in the US without first serving a 10 year ban.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

SalishSea Grand Master

SalishSea   18,064

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
1 hour ago, 1997pumpkin said:

Unfortunetly, we are both 22 and money is kind of an issue right now, so we couldn't go any further than the free initial consultations with lawyers, but we'll keep fighting through it and hopefully we'll get there without any complications.

So can she sponsor you without the help of a joint sponsor?

SalishSea Grand Master

SalishSea   18,064

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
Just now, 1997pumpkin said:

Yeah, we don't need a joint sponsor.

I was referring to lawyer fees, we can't afford a lawyer and we have to figure this out on our own.

I get that - just wasn't sure if you had looked into the financial requirements/public charge side of things, since the USC's parent will not be eligible to be a joint sponsor.

 

Immigration is expensive.

NikLR Grand Master

NikLR   13,231

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

Have you considered a CR1 instead of a k1? Doesnt help with your potential mother in law situation othet than not needing to AOS. It's a longer path to visa but cheaper and generally shorter to green card. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Boiler Grand Master

Boiler   45,899

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
3 minutes ago, NikLR said:

Have you considered a CR1 instead of a k1? Doesnt help with your potential mother in law situation other than not needing to AOS. It's a longer path to visa but cheaper and generally shorter to green card. 

Does beg the question how they could fund such a long period of unemeployment.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,899

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
35 minutes ago, TheKingmaker said:

I don't think it's American or just to punish anyone for the mistakes of their parents. As long as she is not the sponsor, you're fine. 

I do not think that was the OP's concern.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

designguy Proficient

designguy   1,179

Posted
Filed: EB-3 Visa Country: Germany
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Posted
3 hours ago, TheKingmaker said:

I don't think it's American or just to punish anyone for the mistakes of their parents. As long as she is not the sponsor, you're fine. 

OPs concern is the immigrant petition making the authorities aware of the undocumented mother, and her going on the radar for removal

Ryan H Grand Master

Ryan H   3,819

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Calicolom Community Regular

Calicolom   266

Posted
Filed: K-1 Visa Country: Colombia
 Timeline
Posted
16 hours ago, Poseidon1212 said:

Hmm I see. Well to be honest no one here can really tell you about the risk involved, we'd all be guessing. We like to act here like USCIS is an all knowing organisation, but quite frankly most of the information they have is volunteered by petitioners/beneficiaries, by which I mean to say that they might not be aware. On top of that someone needs to care about it and be willing to put resources on it. USCIS is part of DHS like ICE, but ICE is the one that enforces the laws and they'd have to get a heads from someone at USCIS that realises something is up.  

 

Having said all that, in the end it is a risk, it is a gamble you'll be taking and only you guys can decide if it's worth the risk. 

 

Normally I think a lawyer is useless in the immigration process, but in this case it might be beneficial to talk to an experienced lawyer. They might know of ways to shield your future mother in law and perhaps even avenues to cure her illegal status. Either way with some luck she lives in one of the sanctuary cities in NJ which makes it a bit easier living in a situation like this. 

 

This comment might be a bit too close to comfort in terms of violating the ToS of this forum in regards to condoning illegal immigration activities so it might get deleted (although I'd prefer the mods salvage whatever useful advice is allowed).

Very naive, to state any branch of the government, does not know certain things. I will tell you from experience. They know everything about Immigrants, things people forgot.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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