Filing for K-1 While Fiancee is here in the states

[TearzOfAPrincess 0]

Can I file for K-1 Visa while my love is still here in the states? Has anyone done this before. He is here illegally

Edited September 23, 2008 by TearzOfAPrincess

[spookyturtle 9,465]

Can I file for K-1 Visa while my love is still here in the states? Has anyone done this before. He is here illegally

Did he enter the US legally and overstay, or did he enter illegally?

[TearzOfAPrincess 0]

Can I file for K-1 Visa while my love is still here in the states? Has anyone done this before. He is here illegally

Did he enter the US legally and overstay, or did he enter illegally?

He entered illegaly

[Old Dominion 26]

Can I file for K-1 Visa while my love is still here in the states? Has anyone done this before. He is here illegally

Did he enter the US legally and overstay, or did he enter illegally?

He entered illegaly

Simplest thing is to get engaged, for him to return home & then you start the process for a K-1 visa.

[spookyturtle 9,465]

Can I file for K-1 Visa while my love is still here in the states? Has anyone done this before. He is here illegally

Did he enter the US legally and overstay, or did he enter illegally?

He entered illegaly

How long has he been here? This will help to determine what your options are.

[TearzOfAPrincess 0]

he has been here almost 2 years in decmeber.

[Chica Yeyé 41]

If he entered legally and is still here illegally, you are in for a denial and a ban; and chances are a deportation. Think wisely about your options and consult an immigration attorney.

[spookyturtle 9,465]

he has been here almost 2 years in decmeber.

Since he has over 1 year of unlawful presence, he is subject to the 10 year ban. Since he entered illegally, even if you get married in the US, he cannot adjust status without leaving the country. The only way for him to become legal is filing an I-601 hardship waiver and having it approved. This can be done for the spouse or fiance of a US citizen, so you have a few choices. You can file an I-129F petition for him as a fiance and he must return to Mexico for the wavier and visa process. You can marry him here and file for him as a spouse, again he will have to return to Mexico for the waiver process. Or he can return to Mexico and you can marry him there and file for him as a spouse and once again, he must stay in Mexico for the waiver process.

The wavier must prove extreme hardship to the US citizen if the alien is not allowed to return to the US and the citizen has to move to the other country. It is a hardship package that must be well documented in order to have sucess. If you are not comfortable doing this yourself, I strongly suggest consulting with a good immigration lawyer, such as Laurel Scott at visacentral.net or Heather Poole at humanrightsattorney.com/ All waivers in Mexico are adjudicated in Juarez. Laurel Scott has never had a wavier denied thru Juarez. If she agrees to take your case, your chances for sucess are very high.

The best site for waivers is immigrate2us.net. There is section there for people filing in Mexico. It will take many hours of reading to learn about the process and what it entails. It is an involved process, but it is doable.