Question about approval of K-1 Visa

[waiting4Oliverio 0]

No one has been able to answer this for me and I'm hoping someone can because it is driving me crazy. I met my fiance in Arizona and he was here from Mexico illegally. When we decided to get engaged everyone told me that it would be better for him to go back to Mexico and have him come back legally, so he went back I have just recently filed the I-129F and wanted to know.....If my fiance was here ilegally will that effect our approval for his VISA? Also, he does not speak any English...will that effect anything? Thank you to anyone that can help me!!! I really appreciate it!

[William33 110]

You say that he was here illegally, does that mean he over stayed a visa, or entered the US undocumented?

if no documentation exists, you can probably seek the K-1, at least on the legal level.

I personally opine, that undocumented illegals should not be here, but that is another story.

Certainly the wrong way to get things done.

Good luck anyway....

No one has been able to answer this for me and I'm hoping someone can because it is driving me crazy. I met my fiance in Arizona and he was here from Mexico illegally. When we decided to get engaged everyone told me that it would be better for him to go back to Mexico and have him come back legally, so he went back I have just recently filed the I-129F and wanted to know.....If my fiance was here ilegally will that effect our approval for his VISA? Also, he does not speak any English...will that effect anything? Thank you to anyone that can help me!!! I really appreciate it!

[Boiler 47,105]

I take it that he is illegal, www.immigrate2us.net, he will need a waiver.

English is required for citizenship, not PR status.

[Craig2006 0]

English is not required to be approved for the visa

[RosaMystica7 0]

What do you mean by illegal is a good question. Did he skip across the border or did he overstay on a visa? I'm not sure if skipping across the border would present a problem, I'm not sure if there'd be any documentation of that for the government to find.

English isn't required for the visa, however, you two should have a common language or they may doubt the validity of your relationship at the interview (if you can't communicate, how can you be in love sort of thing). So do you speak Spanish, or some other common language with him?

Edited August 3, 2006 by aselano

[Canuck Carrie 1]

Please check this thread, and the archived thread that you can find linked in the first post (Check the archived link first, the other strayed away from Visa issues). There is a lot of excellent information amongst all those pages.

Some of the ladies that posted regularly in those threads are still on here, perhaps you can send them a PM.

[kitkat1 5]

No one has been able to answer this for me and I'm hoping someone can because it is driving me crazy. I met my fiance in Arizona and he was here from Mexico illegally. When we decided to get engaged everyone told me that it would be better for him to go back to Mexico and have him come back legally, so he went back I have just recently filed the I-129F and wanted to know.....If my fiance was here ilegally will that effect our approval for his VISA? Also, he does not speak any English...will that effect anything? Thank you to anyone that can help me!!! I really appreciate it!

Having entered illegally will not affect approval of the I-129F application. However, if he was in the country illegally for more than 180 days his visa will be denied at the interview and he will be required to submit a I-601 waiver to forgive his illegal presence. You will need to prove extreme hardship to you, the USC, if his visa is denied and as a result you are forced to relocate to Mexico. This entails a letter with documentation of the hardship and evidence. Approval rates of 601 waivers are very high in Mexico but they take about 6-8 months for approval. That means that at his interview, he will be denied and will then submit the waiver with your documentation. Then you wait.

The fact that he doesn't speak English is not really a problem. Someone else suggested immigrate2us.net - this is the best place for you to get examples of hardship letters and support during this process.

Good luck.