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k-1 visa vs marriage in us to illegal alien

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  • Spouse
    replied
    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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  • gemini23nj
    replied
    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.

    Leave a comment:


  • Spouse
    replied
    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

    Leave a comment:


  • gemini23nj
    replied
    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.

    Leave a comment:


  • Glühbirne
    replied
    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?

    Leave a comment:


  • Spouse
    replied
    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!

    Leave a comment:


  • gemini23nj
    replied
    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.

    Leave a comment:


  • illegal&inlove
    replied
    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.

    Leave a comment:


  • gemini23nj
    replied
    Thanks for the advice!

    Leave a comment:


  • Still Learning
    replied
    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.

    Leave a comment:


  • ardainia
    replied
    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.

    Leave a comment:


  • gemini23nj
    replied
    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.

    Leave a comment:


  • ardainia
    replied
    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.

    Leave a comment:


  • gemini23nj
    replied
    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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  • ardainia
    replied
    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.

    Leave a comment:

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