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Thread: k-1 visa vs marriage in us to illegal alien

  1. #1
    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. #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?

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

  4. #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.

  5. #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

  6. #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.

  7. #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.

  8. #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.

  9. #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.

  10. #10

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