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k-1 visa vs marriage in us to illegal alien

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  • k-1 visa vs marriage in us to illegal alien

    Hello! I have a very strange dilemma. My fiance and I had completed 129F petition, and it was approved. The NVC has notified me that his visa has been approved, and that the paperwork is on its way to the consulate abroad. My fiancee is in the United States at this time. He entered the country illegally. He was charged with a misdemenor here in the US. We both know the misemenor is going to cause serious problems in regard to adjusting his status. We were going to go back to his country for the k-1 visa interview, but after reading some of these posts, I think my situation will be further complicated.We want to do the right thing,but I think we are out of options. We truly love each other, and are considering marriage here in the US. Does anyone think that 245i will ever be reinstated?

  • #2
    Hello! I have a very strange dilemma. My fiance and I had completed 129F petition, and it was approved. The NVC has notified me that his visa has been approved, and that the paperwork is on its way to the consulate abroad. My fiancee is in the United States at this time. He entered the country illegally. He was charged with a misdemenor here in the US. We both know the misemenor is going to cause serious problems in regard to adjusting his status. We were going to go back to his country for the k-1 visa interview, but after reading some of these posts, I think my situation will be further complicated.We want to do the right thing,but I think we are out of options. We truly love each other, and are considering marriage here in the US. Does anyone think that 245i will ever be reinstated?

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    • #3
      Does INS know that he is here illegally?
      Have a nice day

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      • #4
        No I don't think it will ever be reinstated, If he has a visa waiting for him, I would send him home...he cannot adjust status in the US if he entered illegally.

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        • #5
          They don't know he is illegal as of yet. But it is my understanding that they will ask that question during the k-1 visa interview, and they will deny the visa at that point. He had his finger prints taken as a result of the misdemenor

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          • #6
            If he does not go back (does not get his visa but stays here), what are you hoping to do? Are you hoping to marry him and then adjust status? (if so see previous post) Also please say what county the visa will be going to.

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            • #7
              I know that if we don't go back, he won't be able to adjust his status here. He would have to reside as an illegal alien, which is something neither of us want. The country is costa rica.

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              • #8
                I am really not sure at this point what you should do either, so I will sign off, I know there are other poeple on this board that will have better advice.

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                • #9
                  You need to consult with a GOOD immigraton attorney. The fact that he's been here illegally and has a misdemeanor (has he made a plea or been to court?) may affect adjusting after your marriage, an experienced immi attorney would know best on that. It could be that it would be better to marry in his country and apply for k-3. Some things are more easily forgiven for that visa. You need an attorney though so that you don't make things any more complicated.

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                  • #10
                    Thanks for the advice!

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                    • #11
                      First of all, what was the crime? That makes a difference.

                      Second of all, which country/consulate? That makes a difference.

                      Depending on these answers, you may be better off getting married in the US and going the I-130 route (or and K3) and prepare to file a I-601 waiver.

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                      • #12
                        The charge was assault, which he pleaded not guilty to. We had an arrgument that got out of control, I lost my balance, fell on my rump, and got so mad that I called the police to get him out of my house. I am not making excuses as I know many women go into denial over domestic violence issues. We had been at a party, were both intoxicated, and both acted stupid.His court date is coming up, so we still don't know what the judge is going to do. The consulate is in costa rica. I have read various posts, that pretty much state the waiver for hardship is rarely approved.

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                        • #13
                          Well, there you have some issues in and of itself - domestic abuse or accusations of domestic abuse are pretty serious.

                          If you are making an excuse - don't get married period.

                          If you were really just drunk and stupid, you can probably clear his name simply by fessing up at the court date - and I would recommend him not leaving the country until that point. However, if you were really immature enough to do something like this you need to do some serious soul searching about whether or not you are ready to be married... this is not just something to solve an immigration issue it is something that will affect your whole life.

                          If you are positive that this is the man, you want to be with, I think that you might want to consider getting some counseling - so that you can learn how to make better decisions in the future and protect your marriage from situations of this nature!!!

                          Now, I apologize for the lecture, but they are some very serious things to think about - marriage is very very serious - and marriage to someone with immigration difficulties requires an extraordinary amount of love, patience, maturity, and ability to stand through tough times!!!

                          If he really is the person of your dreams however, you can probably do this. At some point 245i might actually be reinstated - especially if we can get rid of Bush (although I have numerous other reasons for wanting to get rid of him!!) - but I would not hold my breath - 245i would not be a popular political move at this point in time and is therefore unlikely to occur soon.

                          To have a good mature relationship - which it sounds like you both need work on, being legal would probably help a little (then you can't threaten to call immigration every time you get in a fight!!!) So, the I-601 would be the best route - it would waive both the unlawful presence and the misdemeanor if approved! And it might help you to spend a little time in costa rica getting to know a little bit more about this guy!

                          People often say that th I-601 is impossible to get approved, but in fact it is not! The misdemeanor would make it more difficult, but if you get that waived or the charge dropped, I don't think it should cause you serious problems .

                          The main thing will be getting a good case for your hardship together (are you dedicated enough to do this? can you find a way to get a lawyer, at least for consulting purposes?)

                          I personally could be really off base, but am imagining you as a college student and that this event occured at something like a keg party (I may or may not be wrong here) but if I am right, being in college is one very very strong hardship and an easy one to prove. There are numerous other things that can help you out... and I would be happy to do my best to help you.

                          If you decide to go the I-601 route (which if you decide marriage is the best thing for you, is what I would recommend at this time) then you might want to check out some of the information posted on www.immigrate2us.net.

                          I wish you the best of luck!

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                          • #14
                            I pretty much agree with Spouse here. You need to have a strong relationship before starting this mess. It's important to talk about what you both expect and what you'll do in the event that he can't get his residence. Are you willing to sacrifice your life here and move to Costa Rica if for some reason he can't get a greencard?
                            Have a nice day

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                            • #15
                              I think that your lecture is appropriate given the circumstances involved. First of all I am not a college student, but a 33 year old woman who is currently divorced after being married for 12 years. Hence the embarrassment I have in regard to this whole situation is just as devestating as the legal issues. My fiancee and I have know each other for over 13 years, is the relationship worth it? I believe it is. I am not a drinker, however I went out with a few girlfriends and being that I am not a drinker, 3 drinks took their toll on my. My fiancee was out with his friends drinking too. We both had tempers that got really out of hand. I need to make it clear that I am not making an excuse for what happened, I actually work assisting women who are involved with domestic violence daily through my job. This is not a case of denial. I would love to go live in Costa Rica for a while(as I have done before) while everything gets straightened out legally, however I have three children ages 8-14 from my previous marriage. To relocate them is not an option for me. I have scheduled an appointment with an immigration attorney for next week. Thank you all for your input.

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