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k-1 visa vs marriage in us to illegal alien

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  • #16
    People will tell you that I I-601 is nearly impossible to obtain, however this is not completely true! I was told this and lived in mortal fear for quite some time, yet at some point in my process I learned that the actual approval rate in my husband's country was 90% I have since heard similar approval rates for the I-601 quoted for other south american countries.

    My guess is that Costa Rica follows these, and as long as your presentation is good, there is a good chance of getting the I-601 approved. (Especially with USC children that you cannot relocate... that is a strong hardship as well!!!)

    It is all a matter of presentation. If you decided to file the waiver, I will recommend one thing, no matter what your lawyer says, do NOT simply trust the lawyer and leave it in their hands. Many lawyers are not as skilled at this as they think they are, or even if they are skilled, they just don't care about it as much as the individual does... therefore the more involved you are in the process, the more likely you are to be happy with the final result.

    One thing you can do is to call Costa Rica and ask where the waiver would be processed. Then call the appropriate consulate/office and ask what their approval ratings are - not all places are willing to give these out, but apparently quite a few are. I think this could really help you in your final decision.

    Of course, no matter what, if you are unable to move to Costa Rica, this will involve time apart, and there is always the risk that he might not be approved, so it is better to have a plan B (i.e. do either of you qualify for the skilled worker program for Canada, could the kids move there? etc...) It may be a desperate move, and hopefully never necessary, but there is never any guarantee for the outcome of the I-601.

    You may also want to contact a criminal lawyer or the police to find out how you can have the charges against your fiance dropped (if you made them, you should be able to have them dropped!!!)

    Again for more information on the I-601 check www.immigrate2us.net

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    • #17
      Thank you for the information! Bottom line, if we were to go with the waiver route, We should be married and file the k-3,and he would have to be in Costa Rica for processing. I don't think they would accept the waiver on a k-1.

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      • #18
        the law technically requires you to be married however I have heard of quite a few instances where they have allowed it for the fiance visa...

        If you do decide to get married first you may want to consider doing the I-130 route instead of the k-3 route, especially since it would buy you more time together here in the USA.

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