K1 denied should I marry & K3 petition??

[eblacki 0]

Hello,

I need all of your smart advice. My fiance's K1 interview is this Tuesday in Rio de Janerio. I am 99.9 % sure he will be can denied and he can apply for the I-601 waiver. However, my mom just got off the phone with a highly powered person in the government working on immigration and she said he will most definitely not get the approved. She said I should of married him and petitioned as a spouse and that my only chance is that. What should I do? Should I marry him in Brazil in June when I visit and start a whole new petition? Can I even do that? Will they look at my other visa petition and not accept it? Can or should we still do the 601 waiver and can we get married during the waiver process? Please help me I am so confused and it seemed we just wasted a lot of money and a lot of time.

[Sprailenes 47]

Why do you think he'll be denied?

[payxibka 10,044]

Hello,

I need all of your smart advice. My fiance's K1 interview is this Tuesday in Rio de Janerio. I am 99.9 % sure he will be can denied and he can apply for the I-601 waiver. However, my mom just got off the phone with a highly powered person in the government working on immigration and she said he will most definitely not get the approved. She said I should of married him and petitioned as a spouse and that my only chance is that. What should I do? Should I marry him in Brazil in June when I visit and start a whole new petition? Can I even do that? Will they look at my other visa petition and not accept it? Can or should we still do the 601 waiver and can we get married during the waiver process? Please help me I am so confused and it seemed we just wasted a lot of money and a lot of time.

Depends on the reason for denial.... If you do not solve the issue causing the K-1 to be refused... the spouse visa would be refused for the same reason....

[Kathryn41 3,205]

Moved from K-3 forum as it really discusses a K-1 issue.

[eblacki 0]

We think he will get denied because he came into the U.S. illegally 8 years ago. He went back to Brazil about 2 years ago on his because we thought this was the right way to go, I guess we made a big mistake. He never got deported or doesn't have a criminal record, but he came here illegally. So I guess we are stuck, totally confused, and don't know what to do now.

Depends on the reason for denial.... If you do not solve the issue causing the K-1 to be refused... the spouse visa would be refused for the same reason....

We think he will get denied because he came into the U.S. illegally 8 years ago. He went back to Brazil about 2 years ago on his because we thought this was the right way to go, I guess we made a big mistake. He never got deported or doesn't have a criminal record, but he came here illegally. So I guess we are stuck, totally confused, and don't know what to do now.

[SunDrop 59]

So he entered without inspection? How did he do this? I'm not being nosey, what happened is important to whether he ever has any hope of getting back into the US.

[FrancElsie 6]

I'm not understanding "why?" you would even bother to petition for a K-1 Visa since you knew that your fiance' had entered the USA illegally and lived here for six years. How did he support himself/herself during that time? I agree that the chance of your fiance' getting the VISA are between slim and none. As stated by another poster, IF he is denied for the K-1, the same thing would have happened with the K-3 petition. Getting married would only complicate the situation and IF this does not work out for the both of you, a divorce becomes necessary. You've spent the money now....so, it is a little late to be asking a question such as this.

Good Luck

Edited March 20, 2010 by FrancElsie

[JimVaPhuong 4,863]

Hello,

I need all of your smart advice. My fiance's K1 interview is this Tuesday in Rio de Janerio. I am 99.9 % sure he will be can denied and he can apply for the I-601 waiver. However, my mom just got off the phone with a highly powered person in the government working on immigration and she said he will most definitely not get the approved. She said I should of married him and petitioned as a spouse and that my only chance is that. What should I do? Should I marry him in Brazil in June when I visit and start a whole new petition? Can I even do that? Will they look at my other visa petition and not accept it? Can or should we still do the 601 waiver and can we get married during the waiver process? Please help me I am so confused and it seemed we just wasted a lot of money and a lot of time.

An I-601 is an application for a waiver of inadmissibility. That "inadmissibility" doesn't go away just because you're married. If he's inadmissible now, he'll still be inadmissible after you're married, and you'll still need the waiver.

The I-601 requires that you (the petitioner) prove extreme hardship. It is possible that you may have a better chance of proving extreme hardship for being separated from your husband than you would for being separated from your fiance, but your evidence needs to be very strong in either case. With all due respect to your mother's government friend, most people in the government actually know very little about the law unless they are involved in interpreting and applying that law on a daily basis. If your mother's friend is an immigration judge or consular officer (for example), then they may be able to help you. Otherwise, you need the advise and assistance of good immigration attorney who is experienced with I-601 waivers.

We think he will get denied because he came into the U.S. illegally 8 years ago. He went back to Brazil about 2 years ago on his because we thought this was the right way to go, I guess we made a big mistake. He never got deported or doesn't have a criminal record, but he came here illegally. So I guess we are stuck, totally confused, and don't know what to do now.

Even if he'd stayed in the US and you had married him, he would not have been able to get a green card because of his illegal entry. USCIS will waive an overstay for the spouse of a US citizen, but only if they entered the US legally. I don't know if there was any other route to legal status available to him while he was in the US, but I rather doubt it. Leaving the US may have been the only way to get started on a path to legal migration. I don't think you made a mistake.

He probably has a 10 year ban. You probably should have consulted with a good immigration lawyer from the start. You would have had your I-601 application ready to submit immediately after the interview. In any case, you should consult with an attorney now.

[SunDrop 59]

How did he support himself/herself during that time?

...IF this does not work out for the both of you, a divorce becomes necessary.

There are plenty of people in the US who are present illegally but nevertheless still pay taxes.

Does it become necessary? If they want to pursue the relationship but aren't successful in getting him into the US legally, they could live in another country. Agreed, it's not the easiest of situations but it's not an instant route to divorce!

The OP knows that she's not gone about this in the best possible way, there's no need to rub her nose in it with judgment. Some could argue that you've made imprudent decisions with your application, considering the situation with the K-2, but no one's beating on you about it... please have a little respect for people who are already in a difficult and upsetting situation.

[sachinky 464]

How long did he live in the U.S. as an illegal alien? At what age did he enter the US?

Depending on that, he will face a ban.

Your visa will be denied at the interview.

You can file for a hardship waiver but please be advised that those are notoriously hard to obtain.

You need to retain legal counsel if you haven't already.

[eblacki 0]

Thank you, I appreciate your comments. I did speak to an immigration attorney and was honest up front. He advised me to do the K-1 or K3, and I chose the K-1. It is a very difficult situation and we did fall deeply in love with each other. He entered the country without inspection, I think it is called EWI. From some of your responses it seems that our relationship has very little hope, I don't know. We have been working on the I-601 Waiver for the last two weeks and preparing to turn it in as soon as possible. I will consider seeking another attorney's advice.

[eblacki 0]

So he entered without inspection? How did he do this? I'm not being nosey, what happened is important to whether he ever has any hope of getting back into the US.

Thank you, I appreciate your comments. I did speak to an immigration attorney and was honest up front. He advised me to do the K-1 or K3, and I chose the K-1. It is a very difficult situation and we did fall deeply in love with each other. He entered the country without inspection, I think it is called EWI. From some of your responses it seems that our relationship has very little hope, I don't know. We have been working on the I-601 Waiver for the last two weeks and preparing to turn it in as soon as possible. I will consider seeking another attorney's advice.

[Deputy Purple 1,294]

From some of your responses it seems that our relationship has very little hope, I don't know.

I don't know where you get that idea. Your relationship & any immigration process are 2 different things. There are many couples who have endured living in separate countries for years. Your finance has a 10 year ban of which he's served 2 years, he'll be admissible again in 8 years.

You have choices to make:

-> Can you live apart visiting him as often as possible for the next 8 years and then file to bring him here?

-> Can you move to his country and live there, then in 8 years file DCF to relocate to the US?

[eblacki 0]

I don't know where you get that idea. Your relationship & any immigration process are 2 different things. There are many couples who have endured living in separate countries for years. Your finance has a 10 year ban of which he's served 2 years, he'll be admissible again in 8 years.

You have choices to make:

-> Can you live apart visiting him as often as possible for the next 8 years and then file to bring him here?

-> Can you move to his country and live there, then in 8 years file DCF to relocate to the US?

Yes I am sorry I do know that a relationship can go for years apart. I just don't want it to get to that point. I don't want these to be my only two options. I have thought a lot about moving to his village in the mountains of Brazil and it is a big risk for me. I have medical issues that need attention and we would live in poverty. I am just trying to see what the best way to get him over here legally and quickly.

[lili0301 0]

Please let us know what happen on tuesday. I'm from Brazil and I'm interested to know.