Chances of getting k-1 Approval?

[cabmarc 0]

Hello all, First off, I'd like to mention that I've been doing tons of reading on this website and have to say that it is unlike any other resource out there. With that being said, I have sought legal advice over my current situation, which is that my fiancee has had unauthorized employment in the US. I was told that the chances of obtaining a k-1 were 50-50, but a CR-1 would guarantee approval because they can't deny your spouse over previous unauthorized employment. I haven't been able to find any information that supports this. I was wondering if anyone had experience with being denied a k-1 over unauthorized employment.

Also if anyone is familiar with the counselor interview process, I assume that the trouble comes during the interview when they see the employment on he G-325A. I'd like to know if the officer then makes a decision based on the situation of the employment. It was a part-time job that occurred for about 5 months, personal checks, no papers, no taxes, no work permit. My fiancee was 17 at the time. Would the no taxes also become an issue on top the the employment?

[VanessaTony 3,567]

Honestly, yes, a spouse is forgiven more things than a fiancee BUT how hard it's going to be depends a lot on your country. Please complete your profile with country of beneficiary so we know more info.

I notice from a previous thread she overstayed her B2 (but not enough for a ban) AND she worked illegally... personally I think you're safer with a CR-1, but, again, it really depends on her country because spouses are still denied for various reasons and some countries are harder than others due to high fraud.

[john_and_marlene 162]

Is she currently in the U.S.?

Although working without authorization cannot be used to deny adjustment of status to the spouse of a USC, it does make a beneficiary (spouse or fiance(e)) inadmissible for a visa for 5 years. If the 5 year bar is still current, the visa will initially be denied. A hardship waiver would need to be approved to overcome the bar and get the visa. Hardship waivers are not so easy to get.

[john_and_marlene 162]

Honestly, yes, a spouse is forgiven more things than a fiancee BUT how hard it's going to be depends a lot on your country. Please complete your profile with country of beneficiary so we know more info.

I notice from a previous thread she overstayed her B2 (but not enough for a ban) AND she worked illegally... personally I think you're safer with a CR-1, but, again, it really depends on her country because spouses are still denied for various reasons and some countries are harder than others due to high fraud.

The forgiveness you are eluding to is of no consequence when applying for a visa. Married or not, previous unauthorized work makes you inadmissible for a visa--regardless of the country.

[cabmarc 0]

Honestly, yes, a spouse is forgiven more things than a fiancee BUT how hard it's going to be depends a lot on your country. Please complete your profile with country of beneficiary so we know more info.

I notice from a previous thread she overstayed her B2 (but not enough for a ban) AND she worked illegally... personally I think you're safer with a CR-1, but, again, it really depends on her country because spouses are still denied for various reasons and some countries are harder than others due to high fraud.

The country is Peru. I understand that the fraud rate isn't that high there.

Is she currently in the U.S.?

Although working without authorization cannot be used to deny adjustment of status to the spouse of a USC, it does make a beneficiary (spouse or fiance(e)) inadmissible for a visa for 5 years. If the 5 year bar is still current, the visa will initially be denied. A hardship waiver would need to be approved to overcome the bar and get the visa. Hardship waivers are not so easy to get.

She is not currently in the U.S. The work happened less than 5 years ago (3 years, 3months.) Haven't heard of a 5 year bar, I'll look into it. Thanks.

The forgiveness you are eluding to is of no consequence when applying for a visa. Married or not, previous unauthorized work makes you inadmissible for a visa--regardless of the country.

Are you saying there's no forgiveness for unauthorized work?

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Thanks for all your help everyone.

[john_and_marlene 162]

Are you saying there's no forgiveness for unauthorized work?

I am saying that she will not get a visa without a waiver for the 5 year bar that is given for working without authorization.