Employment history

[Marali 0]

How and when does the issue of an alien fiance working on a tourist visa in USA get dealt with during the K1 process?

We noted all requisite 5 year work history on g-325A.

Thank you.

[Bobby+Umit 161]

? your not suppose to be working a "visitors visa"

You mean the person was working illegally?

[Marali 0]

yes, we realise that one is not meant to work on a tourist visa.

yes, the alien worked illegally.

Thanks

[rsn 135]

How and when does the issue of an alien fiance working on a tourist visa in USA get dealt with during the K1 process?

We noted all requisite 5 year work history on g-325A.

Thank you.

I'm not sure anyone knows for sure at what stage of the process you will start to have problems, but if your fiance was working on a tourist visa, he was here illegally and will likely be deemed ineligible for a visa. On the DS-156, one of the questions your fiance has to answer is:

Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

He will have to answer "yes", and, according to the instructions:

A visa may not be issued to persons who are within specific categories defined by law as inadmissible to the United States (except when a waiver is obtained in advance)

I can't think of a reason why you would get a wavier though. The DS-156 is handled at the embassy stage.

[Marali 0]

Due to the circumstances of our case, we will have to apply for a waiver - irrespective of the work issue.

My fiance is no longer in the USA.

My specific question, if anyone is able to answer, is when and how is illegal work performed by an alien on a tourist visa is dealt with during the K1 visa process?

For example, will it hold us up between NOA1 + NOA2, will it not be of consequence in the greater scheme of things, will we need to deal with another obstacle?

From what I have read on this forum, there are many couples who have had to deal with this situation.

Thank you.

[Jauque 1]

Due to the circumstances of our case, we will have to apply for a waiver - irrespective of the work issue.

My fiance is no longer in the USA.

My specific question, if anyone is able to answer, is when and how is illegal work performed by an alien on a tourist visa is dealt with during the K1 visa process?

For example, will it hold us up between NOA1 + NOA2, will it not be of consequence in the greater scheme of things, will we need to deal with another obstacle?

From what I have read on this forum, there are many couples who have had to deal with this situation.

Thank you.

To my understanding there are a lot of things can be forgiven when applying for a K1. Working illegally (although usually accompinied by living illegally) has been forgiven before.

This could become an issue at any stage, if the Adjuticator noticed it at the service center your problems could start there, otherwise it would most likely become an issue at the consulate.

Best of luck to both of you, this might be one of those cases that calls for a good immigration attorney.

Edited August 6, 2009 by Jauque

[Gary and Alla 3,694]

Due to the circumstances of our case, we will have to apply for a waiver - irrespective of the work issue.

My fiance is no longer in the USA.

My specific question, if anyone is able to answer, is when and how is illegal work performed by an alien on a tourist visa is dealt with during the K1 visa process?

For example, will it hold us up between NOA1 + NOA2, will it not be of consequence in the greater scheme of things, will we need to deal with another obstacle?

From what I have read on this forum, there are many couples who have had to deal with this situation.

Thank you.

It can be dealt with at ANY stage of the process. Since you submit a G-325a with the petition for your fiance, it gets reviewed by USCIS, then by NVC, then by the consulate plus more specific questions at the consulate level and then by the USCIS again after marriage. It could be an issue at any stage. Your fiancee can, by strict interpretation, be denied a visa as he has violated previous visa provisions. I do not know if they will choose to forgive that since he returned to his home country (voluntarily?)

[Gary and Alla 3,694]

Due to the circumstances of our case, we will have to apply for a waiver - irrespective of the work issue.

My fiance is no longer in the USA.

My specific question, if anyone is able to answer, is when and how is illegal work performed by an alien on a tourist visa is dealt with during the K1 visa process?

For example, will it hold us up between NOA1 + NOA2, will it not be of consequence in the greater scheme of things, will we need to deal with another obstacle?

From what I have read on this forum, there are many couples who have had to deal with this situation.

Thank you.

To my understanding there are a lot of things can be forgiven when applying for a K1. Working illegally (although usually accompinied by living illegally) has been forgiven before.

This could become an issue at any stage, if the Adjuticator noticed it at the service center your problems could start there, otherwise it would most likely become an issue at the consulate.

Best of luck to both of you, this might be one of those cases that calls for a good immigration attorney.

I doubt an attorney would help. He lived and worked illegaly. Attorneys cannot change that fact. It is not like a criminal case where an attorney can get evidence excluded or plea bargain. It is another example of typically how useless attorneys are for immigration. IF the governemnt does something improper (most often at the consulate level) an attorney can possibly make sure they follow the rules, but if they deny because of a legitimate reason...you are denied. The attorney cannot change the legitimate reason

[payxibka 10,044]

The USCIS will not "deal" with it at the petition stage... it will be dealt with at the consulate

[Thai Rath 1]

How and when does the issue of an alien fiance working on a tourist visa in USA get dealt with during the K1 process?

We noted all requisite 5 year work history on g-325A.

Thank you.

Did your fiance overstay his visa? If so this could compound the issue.

[Chica Yeyé 41]

Indeed, it can and will become an issue at any stage of the process.

[payxibka 10,044]

In the petition stage the USCIS is looking only at eligibility to "apply" for the visa at a future date... The eligibility for a Fiance(e) visa application consists primarily of both parties "free to marry" and have met "face to face" in the last two years.

Illegal work does NOT make an alien ineligible to APPLY for the said visa.

The USCIS routinely approves petitions for aliens who have had significant "illegal" presence (EWI, overstay) and other "technical" violations.

They defer these types of "issuance" ineligibilities to the consulate.