I have a lot of doubts before filing a K-1 Visa for my fiance...Please help!

[edith_urbina 0]

I met my fiance 3 years ago here in the the U.S. He came to the U.S. 8 years ago as an illegal immigrant. On March of this year (2010) his mother got really sick that Doctor's even said that she only had a couple of weeks left to live. He hadn't seen his mother in 8 years so he didn't even think twice and went back to Mexico. Two weeks later, I went to Mexico to go see him and stayed there for three weeks. It's been almost two months since we haven't seen each other and I just miss him terribly. He did propose to me in July of last year (2009) but we haven't gotten married yet. I decided to file a petition for him to get a K-1 visa but I need to know if they would still approve him since he was already here in the U.S. I need advice as soon as possible before I send the application with the check.

[K and L 27]

It's cheaper to marry him. Total immigration cost with a K1 is a little over $2000 (including an estimated medical expense of $150 for the exam and $45 for the lab fees), and he won't be able to work for several months. With an IR1/CR1, it's something like $1000.

However, since he was illegal for so long, you will have issues, regardless of your route, because there's bans for being illegal, and for as long as he was here, it's a 10 year ban.

[JimVaPhuong 4,863]

You've given us practically no details, so all we can do is guess...

If the US government has a record of his presence in the US, and if they know that he was here illegally for at least a year, then he's facing a 10 year ban from the United States. He'll find out about the ban when his visa is denied at the consulate in Juarez. At that point, you can try to get a hardship waiver for the ban. Expect this to be difficult and time consuming.

If the US government has no record of his presence in the US, then there will be no automatic ban. However, he will be asked if he was ever in the US illegally on the DS-230. If he's truthful, then the ban will be applied. If he lies and the lie is discovered, then he's guilty of material misrepresentation and the ban will likely be for life. Again, the determination will be made at the consulate, and you'll have an opportunity to try to get a hardship waiver for him.

The one possibility I didn't mention above is if the US government has no record of his presence in the US, he lies on the documents about ever having been in the US illegally, and his lie is not discovered. In that case, he'll probably get the visa - and I personally hope this doesn't happen.

[pushbrk 12,968]

It's cheaper to marry him. Total immigration cost with a K1 is a little over $2000 (including an estimated medical expense of $150 for the exam and $45 for the lab fees), and he won't be able to work for several months. With an IR1/CR1, it's something like $1000.

However, since he was illegal for so long, you will have issues, regardless of your route, because there's bans for being illegal, and for as long as he was here, it's a 10 year ban.

It's probably best to marry but not because it's cheaper. Consider the cost of travel to get married as part of the cost.

The "issues" are that his visa will be denied because he was here illegally. He'll be subject to a ten year ban on re-entering the USA. You can file a waiver request after the denial but would need to show evidence of a severe hardship to you the US Citizen to be successful. Missing your spouse is not considered a severe hardship. We have a whole forum here discussing waivers so check that out before you make any decisions.

[edith_urbina 0]

You've given us practically no details, so all we can do is guess...

If the US government has a record of his presence in the US, and if they know that he was here illegally for at least a year, then he's facing a 10 year ban from the United States. He'll find out about the ban when his visa is denied at the consulate in Juarez. At that point, you can try to get a hardship waiver for the ban. Expect this to be difficult and time consuming.

If the US government has no record of his presence in the US, then there will be no automatic ban. However, he will be asked if he was ever in the US illegally on the DS-230. If he's truthful, then the ban will be applied. If he lies and the lie is discovered, then he's guilty of material misrepresentation and the ban will likely be for life. Again, the determination will be made at the consulate, and you'll have an opportunity to try to get a hardship waiver for him.

The one possibility I didn't mention above is if the US government has no record of his presence in the US, he lies on the documents about ever having been in the US illegally, and his lie is not discovered. In that case, he'll probably get the visa - and I personally hope this doesn't happen.

[edith_urbina 0]

Thanks for the advice.....actually there is no proof that he was here in the U.S. So maybe if he tells the consulate that he wasn't here there is a chance that he can get approved. About filing a waiver, I will inform myself about the elegibility requirements to see if I fall under tht category. Otherwise I think I'm better off going to Mexico and Marrying him.

[JimVaPhuong 4,863]

Thanks for the advice.....actually there is no proof that he was here in the U.S. So maybe if he tells the consulate that he wasn't here there is a chance that he can get approved. About filing a waiver, I will inform myself about the elegibility requirements to see if I fall under tht category. Otherwise I think I'm better off going to Mexico and Marrying him.

Be very very careful about this. Many others have made the same assumption, only to discover that there IS a record of their presence in the United States. Did he work while he was here? Did he ever get a traffic ticket, or have any other routine interaction with a police officer? Did he go to school? Did he cash a check? There are a myriad of ways to leave a paper trail about yourself without actually being arrested by immigration officials, and many of these clues will come up in a fairly routine background check. Consular officers don't need proof - they only need evidence.

There are tens of thousands of illegal immigrants in the US right now that ICE can positively identify. They don't have the resources to go rounding them up, and don't know precisely where many of them are, but they know they're here.

I'll say it again - if he lies about his illegal presence, and his lie is discovered, he'll be found guilty of material misrepresentation. The term of his ban will likely be increased to life, and you'll now have two aggravating factors to overcome with the waiver application instead of one, which cuts your chances of getting the waiver approximately in half.

[LIFE'SJOURNEY 970]

They will know he was here, how will you explain how the two of you met, and then your time-line for the relationship will be questioned.

[Anh map 2,098]

Thanks for the advice.....actually there is no proof that he was here in the U.S. So maybe if he tells the consulate that he wasn't here there is a chance that he can get approved. About filing a waiver, I will inform myself about the elegibility requirements to see if I fall under tht category. Otherwise I think I'm better off going to Mexico and Marrying him.

Regardless of where you marry, the issue that has to be addressed is the illegal presence. A conversation/consulatation with a qualified immigration attorney may be money well spent to evaluate your options. Lying to a USCIS official can incur a lifetime ban. Do your homework before beginning the petition process.

[Deputy Purple 1,294]

actually there is no proof that he was here in the U.S. So maybe if he tells the consulate that he wasn't here there is a chance that he can get approved.

Just think about how much you're gambling on that assumption. Not only is there a lifetime ban for the alien SO but I believe that DHS can charge the USC criminally in Federal Court with punishment being several years in prison and fines in the tens (if not hundreds) of dollars!

Even if you get away with the lie once, you have to remember it and continue it flawlessly at every step of the process. Even once naturalized if they discover fraud they can revoke everything that was based on the fraudulent statements and shatter whatever life you've built up to that point.

Edited June 10, 2010 by Bob 4 Anna

[K and L 27]

Lying's a terrible idea. It's committing immigration fraud, which is against the law - and you'd BOTH be lying, so YOU would have fines and/or jail time as a result and he would probably face a lifetime ban (not that doing things legally has been his MO in the past).

VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423.

[sugarapple 1]

Oh dont scare the person off with the last post

VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423.

Whatever decision you make you will be willing to deal with consequence if so be..I hope you find the right answer..

[JimVaPhuong 4,863]

Oh dont scare the person off with the last post

VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423.

Whatever decision you make you will be willing to deal with consequence if so be..I hope you find the right answer..

K and L was correct in pointing out the VJ policy on this. In fact, I received a gentle warning from a VJ moderator for even mentioning the possibility that the OP's fiance could lie and get away with it. I was actually just trying to cover all of the possible scenarios and their outcomes, but I can see how what I wrote could be misinterpreted as a suggestion that lying was a viable option. I made it clear in my second post that lying is a BAD idea, the potential consequences are severe, and it should never be considered as an option.

Whatever decision the OP makes, it should NOT include lying to US immigration officials. I think the 'right answer' for the OP is a consultation with a reputable and well qualified immigration attorney.

[Matt&Kaci 3]

K and L was correct in pointing out the VJ policy on this. In fact, I received a gentle warning from a VJ moderator for even mentioning the possibility that the OP's fiance could lie and get away with it. I was actually just trying to cover all of the possible scenarios and their outcomes, but I can see how what I wrote could be misinterpreted as a suggestion that lying was a viable option. I made it clear in my second post that lying is a BAD idea, the potential consequences are severe, and it should never be considered as an option.

Whatever decision the OP makes, it should NOT include lying to US immigration officials. I think the 'right answer' for the OP is a consultation with a reputable and well qualified immigration attorney.

He might be correct, however, people come on here for advice on what to do and what not to do. Most people come on here with not a clue what to do. So when they make a comment such as what the original poster made it is our job to lead that individual in the right direction. NOT make a bold headed post stating it is our responcibility to report you if you lie...Common, we are here to help and direct people in the right direction. If they decide to go in the wrong direction they will be caught.

[JimVaPhuong 4,863]

He might be correct, however, people come on here for advice on what to do and what not to do. Most people come on here with not a clue what to do. So when they make a comment such as what the original poster made it is our job to lead that individual in the right direction. NOT make a bold headed post stating it is our responcibility to report you if you lie...Common, we are here to help and direct people in the right direction. If they decide to go in the wrong direction they will be caught.

K and L's comment was inline with the terms of service of this site. VJ does not allow anyone to make recommendations that, if followed, would constitute a violation of the law. I was admonished for my comment because I came close to crossing that line by even mentioning that lying was a possibility, even though I wasn't suggesting that the OP's fiance do this. There's nothing wrong with listing all the possible options, but I should have been clear in my post that particular option was not legal. I wasn't clear about this. K and L was.