Where do I begin?

[Janitor 0]

I came to United States from Russia when I was nine years old with my mother, using a K-1 visa.

I took ESL courses when I first came here, and within does courses I met a girl, Anna. She was a very intelligent girl from Chile.

Anna and me, were very good friends at first, and we then started dating in high school, at the beginning of freshman year.

We fell madly in love... and everything was going to plan. We both were taking challenging courses, and both of our GPAs were above 3.70, She wanted to be a teacher or a pediatrician, and I wanted to be an oncologist.

More than two years later, we were still happily dating. However, at the end of our junior year something horrible happened.

Her parents, notified us that they came to US with a visitors visa and they never left, furthermore, the visa expired three years ago.

And that the workplace of Anna's father found out that he wasn't legal and that he had fake documents. He was fired.

Anna's family got scared, so two months later, without any luck of finding a job, they left the country. Anna and I were heart broken, we planned to get married so she can stay, or just run away with me.... or at least do something. But she couldn't leave her sister and parents behind. She was 17, and I was 17 years old when this happened. It was a very sad time.

We have kept a long distance relationship together for almost a year now. We talk almost everyday, we Skype a lot, and we e-mail each other often.

Currently, I'm 18 and so is she. We want to get married. She wants to come back to US, and I want her to come back to US also!

But, I don't know what to do???? What visa is the best one to apply for???? I don't care if we get married as long as she is in the US!

Student Visa??? The I-129F visa asks if we meet within two years, the answer is YES, but she was here illegally! I am very confused. I don't want to mess this up. If You have any Advice or Suggestion. Please Let me know!

[Darnell 8,478]

go to where she is, document that visit, then file I-129F petition.

Is possibility of waiver for her family's overstay, but I don't have much hope for you, on that, because of the father's use of fake documents.

You didn't say if they were deported or not (that makes huge difference )

You might want to plan for the two of you either living in Chile for many years, or the two of you moving to Australia or New Zealand, go to university there, immigrate.

[Janitor 0]

They were not deported. No government officials were involved. No courts, proceeding, or anything of that nature. They were good, honest individuals. He couldn't find employment, and with the fear of getting in trouble, they left.

Thank You for your suggestions.

[canadian_wife 1,823]

What is your legal status in the US now?

A student visa requires her to apply for and be accepted to a US university. Then she can apply for the F-1 student visa, which is a non-immigrant visa. She wil need to show that she intends to return to Chilie after her studies. If this is not what you want, and you want her to come to the US and stay, begin reading up on the I-129F fiance visa (begin with the guides up at the top here)

Good luck.

[baron555 934]

What is your legal status in the US now?

Have you become a USC? Only USCs can use the K-1 petition/visa process.

[littlecrazyangel 1]

Apply for a K1(fiancée visa) if you love her and want to spend your rest of your life with her. I guess that you have US citizenship by now. Maybe you should consider a layer because she was here illegally.

The student visa is not an option because I know people who got into very prestigious US Universities and they didn't get the visa. Good luck!!!

[JimVaPhuong 4,863]

This is a complicated situation.

Your profile says "Naturalization". Does this mean you are now a US citizen? If so, then you are eligible to petition for a fiancee visa. If you're still an LPR then you could only petition for a spousal visa, which means you'd have to get married first, and you'd have to wait several years before her priority date came up and she could apply for the visa.

From what I can tell (Minnesota and Chile) you're both old enough to marry without parental consent. Even if you weren't, this isn't a deal breaker for a K1 visa. It would just mean that you'd need a letter of consent from your parents. Being "free to marry" is a critical requirement.

If she left before she was 18, as you said, then she should not have accrued any time out of status in the US. She should also not be liable for any of the bad immigration decisions made by her parents. Her father's being caught at work may have been the best thing to happen to her, in this regard. Things change dramatically if she'd remained in the US illegally after she was 18 years old.

Things are considerably different for her parents. They will likely not be returning legally to the US anytime soon. They face a ban of at least 10 years just for their time of illegal presence. Add to this the fact that the father worked illegally in the US, and used false documents to obtain work, and he could be facing a much longer ban. If his false documents indicated he was a US citizen, then he would almost certainly be banned for life. Of course, all of this depends on the US government discovering these facts.

You're going to have to declare her time spent in the US when you file the petition. Don't try to cover this up. There are serious consequences for any sort of misrepresentation. If you, as a naturalized citizen, knowingly make any false statements on an immigration form then you could have your citizenship revoked. In order to avoid any potential problems with her illegal stay in the US, she should try to come up with evidence to prove she left before she was 18. The circumstances surrounding her illegal stay will definitely need to be explained, but as long as you can prove she entered and left with her parents before she was 18 then it shouldn't be cause for denial.

You may have some trouble with the affidavit of support, which you'll need to provide to her for the visa interview. You, as the petitioner, will be the primary sponsor. You'll need to show income of at least $18,212 per year in order to qualify (assuming you are supporting only yourself and her). If you don't qualify, then you'll need a co-sponsor who does.

From what I see of the consulate reviews, it looks like the US Embassy in Santiago will allow the petitioner to attend the interview with the beneficiary. This often helps. Any chance you can go to Chile for her interview?

[Janitor 0]

Yes, I am a US citizen!

Thank You for your Posts! They are very useful.

[Janitor 0]

If I have to I will visit Chile. I just would prefer not too. Due to financial reasons. What forms would I have to obtain to file with a co-sponsor?

[Darnell 8,478]

co-sponser - another I-864 or I-134, depending on which petition you file.

[gezzuzz 1]

you have to show proof you can support her.. and more importantly you have to beable to support her.. even if you make the min $18,212 per year its hard to support a family on that.. plus you both want to go to school? are you still living at home? do your parents support you and willing to help support her? if you are living at home with her then both of yall can finish college.. you can work part time and atleast pay for food and entertainment.. also dont have kids to after school(hehe).. yall are both very smart and need to make plans that include college..

i have had a LDR for 2 years... you can make it work..