Are k-1 visas approved constantly?

[Fei Hung 0]

my mother came to work to the us, then she send people to bring me, at the border, the officers did not ask for

documentation and let us in. I have been comming to school since then, I fell in love, and want to spent the rest of our lives together. I have informed myself, that a person starts being illegal once they turn 18, after 180 days of illegal stay I wont be able to come back for three yrs, only with a pardon, if I stay for more than 1 year after 18, then is ten yrs, I believe the pardon can still apply. I will leave to my country before 180 days. My criminal record is clean. My fiancee is the US citicen and I already have a co-sponsor. We do not have evidence of luggage stamps, nor passport stams, or trips, it's just pictures, e-mails, letters, letters from other people testfying our relationship, and that is it... Are k-1 visas denied easily or usually? Would my situation be a problem?

Thanks

[Mrs. Disney 0]

my mother came to work to the us, then she send people to bring me, at the border, the officers did not ask for

documentation and let us in. I have been comming to school since then, I fell in love, and want to spent the rest of our lives together. I have informed myself, that a person starts being illegal once they turn 18, after 180 days of illegal stay I wont be able to come back for three yrs, only with a pardon, if I stay for more than 1 year after 18, then is ten yrs, I believe the pardon can still apply. I will leave to my country before 180 days. My criminal record is clean. My fiancee is the US citicen and I already have a co-sponsor. We do not have evidence of luggage stamps, nor passport stams, or trips, it's just pictures, e-mails, letters, letters from other people testfying our relationship, and that is it... Are k-1 visas denied easily or usually? Would my situation be a problem?

Thanks

The petitions are usually approved but you must meet certain conditions to be eligible for the Fiance Visa.

[Fei Hung 0]

The petitions are usually approved but you must meet certain conditions to be eligible for the Fiance Visa.

What would those conditions be?

[iLoveAPolishGirl 0]

If you are under 180 days perhaps you might consider marrying now and then filing for AOS ASAP. You shouldn't have to leave the country at all in that case. See the forum section for AOS from a work, student or tourist visa for more help on this possible approach. Indeed, I believe I've read cases of people who overstayed beyond 180 days and managed to AOS without leaving the country, but I could be wrong

Also, I believe (but might be wrong) that if you are still in school, the 180 days may not start counting until you are either out of school or 21, but I'm not sure about that.

oh, also, it's called a "waiver" not a "pardon" and there is a specific form for that (I am not familiar with waivers, but others here could assist.)

dvc

Edited April 26, 2009 by iLoveAPolishGirl

[Otto 83]

What would those conditions be?

For example:

• Both parties must be free to marry
• Have met (In Person) within past two years

[Mrs. Disney 0]

Eligibility for the K1 fiancee visa depends on the following requirements:

* the visa sponsor must be a U.S. citizen, and the beneficiary must be their fiancee;

* both the U.S. citizen and foreign fiancee must be free to marry, meaning that they are not currently married to other people and have no other impediment to marriage (prior marriages that ended in a legally valid divorce or annulment, or because the other spouse passed away, are not a problem);

* the U.S. citizen and foreign fiancee must have met in person within the two years before the K1 fiancee visa petition is filed unless either:

(a) meeting your fiancee in person would violate strict and long established customs of your fiancee's foreign culture or social practice; or

(B) the U.S. citizen can establish that complying with this requirement will result in extreme hardship to them (please note that financial hardship alone is not considered to be an "extreme hardship" by the USCIS); and

* you and your fiancee must intend to marry within 90 days of your fiancee entering the U.S. using a K1 visa.

[sarita 0]

There's a great site with an emphasis on waivers: immigrate2us.net

[daboyz 36]

my mother came to work to the us, then she send people to bring me, at the border, the officers did not ask for

documentation and let us in. I have been comming to school since then, I fell in love, and want to spent the rest of our lives together. I have informed myself, that a person starts being illegal once they turn 18, after 180 days of illegal stay I wont be able to come back for three yrs, only with a pardon, if I stay for more than 1 year after 18, then is ten yrs, I believe the pardon can still apply. I will leave to my country before 180 days. My criminal record is clean. My fiancee is the US citicen and I already have a co-sponsor. We do not have evidence of luggage stamps, nor passport stams, or trips, it's just pictures, e-mails, letters, letters from other people testfying our relationship, and that is it... Are k-1 visas denied easily or usually? Would my situation be a problem?

Thanks

I don't know much about Mexico, but I applaud you for trying to do this the right way. You are right about the 180 days, and 3 years. As long as you leave before the 180 days, you will be fine.

[bora bora 1]

my mother came to work to the us, then she send people to bring me, at the border, the officers did not ask for

documentation and let us in. I have been comming to school since then, I fell in love, and want to spent the rest of our lives together. I have informed myself, that a person starts being illegal once they turn 18, after 180 days of illegal stay I wont be able to come back for three yrs, only with a pardon, if I stay for more than 1 year after 18, then is ten yrs, I believe the pardon can still apply. I will leave to my country before 180 days. My criminal record is clean. My fiancee is the US citicen and I already have a co-sponsor. We do not have evidence of luggage stamps, nor passport stams, or trips, it's just pictures, e-mails, letters, letters from other people testfying our relationship, and that is it... Are k-1 visas denied easily or usually? Would my situation be a problem?

Thanks

I don't know much about Mexico, but I applaud you for trying to do this the right way. You are right about the 180 days, and 3 years. As long as you leave before the 180 days, you will be fine.

It's always easier to do it the right way. Good luck.

[iLoveAPolishGirl 0]

It's always easier to do it the right way. Good luck.

Just to note... there is no one "right" way. If he marries then petitions for AOS that is just as "right" as any other way.

Also, I am pretty sure that, if he is still in school and living with his parent(s), then he is not yet out of status.

dvc

Edited April 27, 2009 by iLoveAPolishGirl

[rebeccajo 14]

If you are under 180 days perhaps you might consider marrying now and then filing for AOS ASAP. You shouldn't have to leave the country at all in that case. See the forum section for AOS from a work, student or tourist visa for more help on this possible approach. Indeed, I believe I've read cases of people who overstayed beyond 180 days and managed to AOS without leaving the country, but I could be wrong

Also, I believe (but might be wrong) that if you are still in school, the 180 days may not start counting until you are either out of school or 21, but I'm not sure about that.

oh, also, it's called a "waiver" not a "pardon" and there is a specific form for that (I am not familiar with waivers, but others here could assist.)

dvc

If I understand what the OP has written, he entered without inspection. Adjustment of status from within the US whilst EWI is not possible.

There are provisions for avoiding future problems with DHS if the EWI entered under the age of 18 and exits within a certain time frame. A consult with an attorney would be advisable before the 18th birthday and whilst the alien is still within the US.

Edited April 27, 2009 by rebeccajo

[bora bora 1]

It's always easier to do it the right way. Good luck.

Just to note... there is no one "right" way. If he marries then petitions for AOS that is just as "right" as any other way.

Also, I am pretty sure that, if he is still in school and living with his parent(s), then he is not yet out of status.

dvc

The right way is the legal way.

[rickynlucy 0]

If you are under 180 days perhaps you might consider marrying now and then filing for AOS ASAP. You shouldn't have to leave the country at all in that case. See the forum section for AOS from a work, student or tourist visa for more help on this possible approach. Indeed, I believe I've read cases of people who overstayed beyond 180 days and managed to AOS without leaving the country, but I could be wrong

Also, I believe (but might be wrong) that if you are still in school, the 180 days may not start counting until you are either out of school or 21, but I'm not sure about that.

oh, also, it's called a "waiver" not a "pardon" and there is a specific form for that (I am not familiar with waivers, but others here could assist.)

dvc

The OP is correct he will incur a ban of 3 years after being here 180 days past his 18th birthday. There are no exceptions for students. Both the 3 year and 10 year bans have a waiver, but that seriously complicates matters. It also adds to the expense and the time that must be spent outside of the country.