K-1 Visa, No clue if I should even apply, please help.

[Jesse<3 0]

Hi, I was wondering how difficult it would be to acquire a K1 visa in my case. I was brought to the United States by my parents, illegally without border inspection, when I was around 3 years old.

I am 18 now, my birthday was on December 11th, thus I still have until June 9th to leave (before 180 days) in order to not have a ban against me. My boyfriend proposed to me a couple of months ago

and we agreed to get married when I turned 18th. However we just realized that I will become illegal soon and I want to return to Ecuador. We were wondering if there is a good chance that the K1 visa would be

approved for me to come back and marry him here, or if the fact that I had been here (even though I left before becoming illegal) would make them deny it. We have been together for almost 2 years now. I just want to know what

my chances are because if my case is relatively easy to deal with, I want to take the chance and file the K1 visa.

I am meeting with an attorney on wednesday and she said that she sees no reason as to why they would deny my application, however I don't know if she is just saying that to get me to hire her.

Im desperate here.

I'd really appreciate any feedback you guys have. Thank you.

Edited May 3, 2011 by Jesse<3

[belluco86 3]

I would avoid going back to Ecuador and trying to get the K1 Visa. The consulate will make you a hell for the past even if you were a minor. Since you are still on time if that is the case. Marry him ASAP and Adjust your status ASAP. They may ask for a waiver if they feel but you have good chances of getting it since they brought you as a little baby. I suggest you move ahead now and don't try to back to Ecuador until you have your green card on hand.

[Harpa Timsah 13,260]

The OP cannot adjust in the US because he was brought illegally. There is no path to legal status for him unless he leaves.

OP - you have only started accumulating days of illegal presence since your 18th birthday, as you know. You will not have a statutory ban until your 18.5th birthday. Children are not punished for their parent's crimes in figuring out bans. But, now you are an adult, and have the choice to leave and avoid a ban.

I would leave and pursue the K-1. You have no statutory ban yet and therefore do not need a waiver. I don't see why this would prevent you from getting a family visa (k-1). THis is your opportunity to avoid immigration trouble by leaving and coming back with a proper visa. Best of luck to you.

[Indy90 21]

Going back to Ecuador before you reach 18.5 years is probably your best bet, as has been said. As long as you have plenty of evidence, you should be fine. I don't think that the current Guayaquil consulate is the same one as years ago. If you meet with an immigration attorney, there might be a couple other options available to you that would allow you to not go through consular processing, like U visas for victims of qualifying crimes. However, at this point, even if you were to qualify for something like that, it might be too late.