What if he was here illegally?

[LovemyHonduran 0]

Okay, this is my first post here, so please be patient. I have been reading all the info on this site and it has been very helpful. As you can see from my screen name I am completely and totally in love with an Honduran as is he with me. We are seriously looking at the K-1, but what if we met while he was in the US illegally? Not like expired Visa illegal, like swam the Rio illegal? Is that what they mean by "without inspection?"I am totally opposed to lying, as I am a firm believer that the truth comes out anyway and then its worse

What kind of affect will this have on our chances of getting a K-1? Do we just omit that information? I'm scared that would be reason for denial.

Thanks in advance!

Stephanie

[Bobby+Umit 161]

He would need a waiver most likely if he was EWI.

(entered without inspection)

Never lie (misrepresentation is not a good place to be with USCIS)

Where is he now?

[HeatDeath 431]

You guys almost certainly need a very good immigration attorney in order to try anything.

If he is in the US now, it may mean he's basically hosed Yes, "'swam the Rio'-illegally" is exactly what they mean by "entered without inspection". Not that a visa (K-1 or CR-1) would be applicable anyways. Visas are only for entering the US. If he is currently in the US, what you would be doing is adjusting status. Adjusting status is basically impossible if you entered without inspection. An amazing lawyer might be able to sneak you through the cracks. But it will be very difficult (and probably very expensive). Beware of any lawyer who makes unrealistic promises that this will definitely work.

On the other hand, if he was in the US without inspection for a while, and has now returned to Honduras, a lot depends on whether you two are currently married, and for how long he was in the US out-of-status. If he was out of status for more than 180 days, he will have a 3 year ban on entry. If he was out of status for a year or more, it's a ten year ban. These may theoretically be surmountable based on a hardship waiver, but again, you will want a lawyer, even at that it's still very dicey, so again, beware of any lawyer who sounds too optimistic. They will happily take a few thousand dollars of yours, hit a legal brick wall, shrug, and say "oh well, sucks to be you."

Your best shot is if he is currently in the US, having entered on some kind of legal status. If he's here legally, and you are married, the past EWI and out-of-status time might be forgiven. Spouses of US citizens get forgiven of out-of-status-time quite often, but I don't know if past EWIs are as easily forgiven, if at all.

Overall, it doesn't look good. You guys need a very good lawyer who is intimately familiar with every single loophole in the entire system. Sad to say, you'll probably need them.

Edited February 18, 2010 by HeatDeath

[edward toro 3]

Hi. I'm in a somewhat similar situation. I have done a lot of research in the subject and I just don't see a waiver approved on a K1 visa. You can file it but keep in mind that getting a waiver for a married couple is already really, REALLY hard, for a dating couple is much much harder almost on the impossible line.

as the other reply we need to know where is he now.

[TracyTN 237]

He would need a waiver most likely if he was EWI.

(entered without inspection)

Never lie (misrepresentation is not a good place to be with USCIS)

Where is he now?

I agree, and I agree that having an attorney to help you navigate this is crucial. Also how long he was here illegally makes a difference to the answers you might receive as well as far as what penalty he would receive.

I believe in order for a waiver to be successful, you must prove a hardship to you (the USC) if the alien is not allowed to emigrate here. But I would certainly start with an attorney consultation and figure out where to go from there.

Edited to add : this link may help http://immigrate2us.net/forum/showthread.p...ion-Included%29

Good luck.

Edited February 18, 2010 by TracyTN

[LovemyHonduran 0]

So basically we are screwed all the way around....thanks for the advice.

he is still here

i cannot afford an amazing lawyer

he wants to return home and make all of this right so we can be together.

doens't look good...

[TracyTN 237]

So basically we are screwed all the way around....thanks for the advice.

he is still here

i cannot afford an amazing lawyer

he wants to return home and make all of this right so we can be together.

doens't look good...

Catholic Charities can provide immigration legal assistance for little to no cost. If there is not one near you, find an attorney who will let you work out a payment plan. I wouldn't let $ deter me anyway.

Besides which, most will offer at least a free consultation so you'd know where you stand at the very least.

How long has he been here now?

[LovemyHonduran 0]

Catholic Charities can provide immigration legal assistance for little to no cost. If there is not one near you, find an attorney who will let you work out a payment plan. I wouldn't let $ deter me anyway.

Besides which, most will offer at least a free consultation so you'd know where you stand at the very least.

How long has he been here now?

3 years

[TracyTN 237]

3 years

Yikes. Likely 10 year ban but waivers have been successful. Really an attorney can give you better guidelines on what to do next. If you read the link I provided, that website/forum deals mainly with those in your same situation, many from Mexico though (same difference really). One attorney actively participates on that site as well.

[HeatDeath 431]

So basically we are screwed all the way around....thanks for the advice.

he is still here

i cannot afford an amazing lawyer

he wants to return home and make all of this right so we can be together.

doens't look good...

There's no such thing as being screwed all around. There are always options. Some options just take more time than others. God doesn't always leave you the quick and easy way, but He always leaves us a way.

Can your guy command a living wage in Honduras? Do you speak Spanish? The two of you moving to Honduras to wait out the 10 year ban may be part of His plan for you. Or you may find, contacting Catholic Charities, that a good lawyer literally falls into your lap the way God leaves us is usually surprising

When God is behind you, think like a bulldozer, or better yet, a glacier. Cool, calm and collected. You may only move a few feet per year, but no force on the planet can stop you. Insurmountable mountains crumble into dust under your slow but unstoppable advance.

Edited February 18, 2010 by HeatDeath

[Deputy Purple 1,294]

So basically we are screwed all the way around....thanks for the advice.

he is still here

i cannot afford an amazing lawyer

he wants to return home and make all of this right so we can be together.

doens't look good...

Go here: http://immigrate2us.net

they are full of this kind of thing...

[John and Camie 39]

When God is behind you, think like a bulldozer, or better yet, a glacier. Cool, calm and collected. You may only move a few feet per year, but no force on the planet can stop you. Insurmountable mountains crumble into dust under your slow but unstoppable advance.

Beautifully put.

Don't lose hope, it's all we've got on this crazy train called Immigration.

[edward toro 3]

One more thing. Catholic Charities is not just a lame option. They have amazing lawyers. I was a special juvenile immigrant class LS6 very complicated case I was a child. I went to catholic charities and you just don't get this kind of services with any lawyer. I remember once there were more than 6 lawyers from catholic charities assisting on my case. Actually catholic charities maybe your best option even if you have all the money to pay for any lawyer.

This is my personal experience.

[Rebecca Jo 1,962]

Hi. I'm in a somewhat similar situation. I have done a lot of research in the subject and I just don't see a waiver approved on a K1 visa. You can file it but keep in mind that getting a waiver for a married couple is already really, REALLY hard, for a dating couple is much much harder almost on the impossible line.

as the other reply we need to know where is he now.

Edward, for the purposes of filing a waiver, there's no difference between an engaged couple and a married couple. It is no more difficult for a waiver to be approved for a K1 couple than a married couple. Ask your friends at Catholic Charities. I'm sure they will confirm it.

[edward toro 3]

Edward, for the purposes of filing a waiver, there's no difference between an engaged couple and a married couple. It is no more difficult for a waiver to be approved for a K1 couple than a married couple. Ask your friends at Catholic Charities. I'm sure they will confirm it.

Well I actually did ask them. They confirmed that the chances to get a waiver approved increase when the couple is married. And FYI I'm filling a waiver in this moment. Actually two waivers i-601 i-212. So I did some research really recently.