???K1 visa petition have some questions...?????

[ilovemaya 0]

hi everyone, at first, thanks for this forum, it is truly helpfull!!!

i am beneficiary to K1 visa and i am just working with my us fiance on paperwork we need to get done and so i have tuns of questions...

our situations goes like this: we know each other for 1.5 yrs and have 3mths old baby together already. My fiance was visiting with me here in europe for last 3 mths and so he did not have any us employer. Recently he returned back to us to look for one since he need to fill out I-134. He has not even much money on his account. So my first question: Is there any chance we will get approved if he will just recently find a job n he wont have much on his account?

Now my fiance has already taking care of his two kids, so i suppose those he has to put in in I-134 question 8, is that right?

about form I-134..do i fill that one out too? I know we have to have 2 one for us consulate n one for me for interview..but do we need his n mine for us and his n mine for interwiev?

important as well....i was living in us for last 4yrs ofcourse not legaly, does that somehow make it all just worse for us? Will they even allow me in?

THANKS for any answears you can send me!!!!!!!!!!!!!!!!!!!!!

n happy new year to everybody n good luck with what we all r trying to acomplish!!!

[minnietheminx 0]

Did you enter the US using the Visa Waiver Program? If you have overstayed any visa for more than 360 days then you are banned from entering the US for 10 years.

[ilovemaya 0]

Did you enter the US using the Visa Waiver Program? If you have overstayed any visa for more than 360 days then you are banned from entering the US for 10 years.

hi, thanks for replyin, well somewhere on oficial webside i found out that if you overstay more than 1year you r not allowed for 10years exception of few cases n one of them was fillin the petition K1 visa, isnt that right?

[Jesse and Hema 2]

hi everyone, at first, thanks for this forum, it is truly helpfull!!!

i am beneficiary to K1 visa and i am just working with my us fiance on paperwork we need to get done and so i have tuns of questions...

our situations goes like this: we know each other for 1.5 yrs and have 3mths old baby together already. My fiance was visiting with me here in europe for last 3 mths and so he did not have any us employer. Recently he returned back to us to look for one since he need to fill out I-134. He has not even much money on his account. So my first question: Is there any chance we will get approved if he will just recently find a job n he wont have much on his account?

Now my fiance has already taking care of his two kids, so i suppose those he has to put in in I-134 question 8, is that right?

about form I-134..do i fill that one out too? I know we have to have 2 one for us consulate n one for me for interview..but do we need his n mine for us and his n mine for interwiev?

important as well....i was living in us for last 4yrs ofcourse not legaly, does that somehow make it all just worse for us? Will they even allow me in?

THANKS for any answears you can send me!!!!!!!!!!!!!!!!!!!!!

n happy new year to everybody n good luck with what we all r trying to acomplish!!!

Is there any chance we will get approved if he will just recently find a job n he wont have much on his account?

Does he have anyone who can co-sponsor with him?

put in in I-134 question 8, is that right?

He will need to put that info on the I-134, yes. I'm assuming "question 8" is the right spot. This comes into factor when comparing income/assets against the 125% poverty line rule

do we need his n mine for us and his n mine for interwiev?

You only need one copy of the I-134, signed and notarized. You will take it to the U.S. Embassy for your visa interview.

does that somehow make it all just worse for us? Will they even allow me in?

You will need a waiver. No guarantee that you won't still be declined as a result, but I'd suggest going for it. I'm not sure how serious a 4-year stay is. Perhaps someone with experience in the matter can chime in on this one. http://www.americanlaw.com/q&a136.html

Good luck!

Edited January 3, 2008 by Jesse G

[~Laura and Nick~ 5]

Take a look at this thread here.

I'd say a 4 year overstay is a very serious problem. I would consult a good immigration lawyer.

Best of luck to you!

[ilovemaya 0]

Take a look at this thread here.

I'd say a 4 year overstay is a very serious problem. I would consult a good immigration lawyer.

Best of luck to you!

thanks!!!!so much, it was definitely helpfull...

as far as i understand if i marry him, we should b fine...one questions pops out though...so if i worked illegaly in us, should i put it in G-325A where they want your work for past 5yrs? or should i rather say i did not worked in us?

THANKS!!!

[~Laura and Nick~ 5]

as far as i understand if i marry him, we should b fine...one questions pops out though...so if i worked illegaly in us, should i put it in G-325A where they want your work for past 5yrs? or should i rather say i did not worked in us?

THANKS!!!

I would suggest telling the truth on any and all forms you submit to them.

Get the idea of withholding evidence right out of your head.

Lying is very serious and will only make the situation worse for you. They find our you lied on the G325A (which they will)...huge trouble.

Be honest. You will need a lawyer I'm afraid, one who really knows what they are doing because you are in a very risky situation.

Just because you marry him doesn't mean it will clean your slate. You overstayed and worked in the U.S. illegally. I'm afraid you are going to have a rough road ahead of you.

I do wish you the best in this process and hope you can figure out how to straighten this out.

Edited January 3, 2008 by ~Laura and Nick~

[minnietheminx 0]

"as far as i understand if i marry him, we should b fine"

Unfortunately not. Simply marrying your fiance will not make it all fine.

If you had married your fiance whilst you were in the States and then stayed in the States whilst you went through AOS, then generally your overstay would have been forgiven and you would have most likely successfully adjusted status. However, that is not the case now as you have left the States (and banned for 10 years), so just marrying your fiance will not make everything OK. You need to file a waiver as has been suggested, however theres no guarantee that this will be approved (a higher chance that it will be declined than approved) before you file for K1. You have nothing to lose by filing for it though so you might as well go for it.....if you just go ahead and file for K1 then the petition will be declined due to your ban so theres no point in worrying about what you will put on your G-325A at the moment as you are not in any position to file right now.

If the waiver is unsuccessful, is there anyway your fiance could come and live with you in your home country whilst you wait out your ban?

As has already been suggested, you need to speak with an experienced immigration lawyer before you do anything.

[shannon65 2]

you need a lawyer and you will need a waiver (I-160) for the illegal stay. Definitely. Before applying for the waiver you need to have to be denied the visa, which will happen because of the overstay.

And above poster is correct, marrying your fiance won't solve the problem.

I am going through the waiver process myself. There is no guarantee of approval, but for the best chance you need a thorough application packet, and this includes a "hardship letter" - a letter explaining why it would cause extreme hardship to the US citizen if the waiver is not granted (why it would cause extreme hardship to the US citizen if he has to live in your country). "Extreme hardship" does not mean emotional distress from the separation, or ordinary financial difficulties. Do some research on this and you will see what kinds of things are meant by extreme hardship. Some people do this on their own, but I suggest a lawyer to help you identify what can be used as "extreme hardship" in your case and help you prepare the application. Good luck

[ilovemaya 0]

oh well, thanks to everybody, sounds like i am in dificulet situation then...nooooooooooooooo!!!!!!!!! this is just an night mare........i tought i saw somewhere that even though u face 10year not bein allowed cuz u overstayed it is all excused onec fileing K1 visa to marry USC.........guess im going to do some look for this..

thanks to all of you!!!!

[Jesse and Hema 2]

This is a personal and off-topic question, but have you considered immigrating to the Czech Republic?

[~Laura and Nick~ 5]

i saw somewhere that even though u face 10year not bein allowed cuz u overstayed it is all excused onec fileing K1 visa to marry USC.

I wish it was that easy.

Keep hope alive

[marryme 0]

Sorry to read about all the problems. Don't give up! if you go through the process it will be worth it. Don't let it scare you.