Can k-1 be used for undocumented residents

[lost.n.how 0]

I was wondering if i should go about using a K-1 for my girlfriend but she is still living in the U.S... Would she have to leave or could i still go about with a K-1 while she is still here

[Saddle Bronc 124]

You had best discuss this with an attorney

[john_and_marlene 162]

I was wondering if i should go about using a K-1 for my girlfriend but she is still living in the U.S... Would she have to leave or could i still go about with a K-1 while she is still here

Did she enter the US legally?

[diadromous mermaid 36]

I was wondering if i should go about using a K-1 for my girlfriend but she is still living in the U.S... Would she have to leave or could i still go about with a K-1 while she is still here

Did she enter the US legally?

If she is here and entered with inspection and you are a US citizen you can marry and then file a Petition for Alien relative and AOS. No visa would be necessary.

[john_and_marlene 162]

I see your other post now where you asked the same question before. Did you not like the answers?

[bebop + rocksteady 0]

Talk to an experienced attorney. Whether she entered illegally or is staying out-of-status, you'll want to speak with someone who is more qualified than most of us here.

Cass (bebop the great)

[aussiewench 9]

lost.n.how

In case you just couldn't find your last thread on this....here it is....with the best advice you will receive

http://www.visajourney.com/forums/index.php?showtopic=32882&hl=

[Jasman0717 8]

K-1 is for the foreign beneficiary and the interview will take place in the beneficiary's country thus she would have to go home. If there is any record of an over-stay you will most likely be dealing with a waiver. Is the proposed beneficiary in this country illegally?

[luvinmb 0]

lost.n.how

In case you just couldn't find your last thread on this....here it is....with the best advice you will receive

http://www.visajourney.com/forums/index.php?showtopic=32882&hl=

Knowing that I will probably get yelled at for this...... I personally know that I feel a great deal of stress and anxiety while waiting through this process. Have I been guilty of asking the same question more than once, hoping for a different answer?? Yes.

In saying that, I think there are nicer ways to simply state the answer again.

Now please don't yell at me.....hahaahahah

[Caladan 19]

I don't know what you want people to say that hasn't been said. K-1 interviews happen in the beneficiary's home country, and if she has been here illegally, she could face a ban on re-entry & problems at the interview. If you just marry and then adjust status, some people say you'd be just fine, but you're best off contacting an attorney (or several) to whom you can give the complete information about your situation.

It's a hard enough case and the devil is in the details.

[wanthimhere 0]

I would speak with an attorney that specializes in handling matters for Mexican immigrants.

I'm fairly certain that there are some loop holes to avoid a permanent ban on future visas, but you would have to speak to someone who absolutely knows the ins-n-outs of the US and Mexico immigration system.

I'm also fairly certain that she would have to return to Mexico for at least one year (I have a friend from Guatemala that just went through this ... he had to leave his wife and newborn daughter for 6 months .... which, unfortunately turned into 16 months).

Edited September 26, 2006 by wanthimhere

[aussiewench 9]

lost.n.how

In case you just couldn't find your last thread on this....here it is....with the best advice you will receive

http://www.visajourney.com/forums/index.php?showtopic=32882&hl=

Knowing that I will probably get yelled at for this...... I personally know that I feel a great deal of stress and anxiety while waiting through this process. Have I been guilty of asking the same question more than once, hoping for a different answer?? Yes.

In saying that, I think there are nicer ways to simply state the answer again.

Now please don't yell at me.....hahaahahah

I wasnt trying to say anything in any particular way other then offering the link to the OP's first thread in case he had lost it. His original thread also contained more information in his first post about his fiance, including that the entry was legal on a student visa. All that should be done in the OP's case, is to seek legal advice from a qualified immigration attorney to discuss the circumstances of their individual case and that AOS is possible depending on knowing the whole circumstances, of which we dont.

[meauxna 15]

lost.n.how

In case you just couldn't find your last thread on this....here it is....with the best advice you will receive

http://www.visajourney.com/forums/index.php?showtopic=32882&hl=

Knowing that I will probably get yelled at for this...... I personally know that I feel a great deal of stress and anxiety while waiting through this process. Have I been guilty of asking the same question more than once, hoping for a different answer?? Yes.

In saying that, I think there are nicer ways to simply state the answer again.

Jayzeus, WHY? Some of these questions are ones that most people here have no idea how to answer. That leaves a few people who can actually offer something of value to the person. In a touchy situation like this, where they've identified their SO as 'illegal' don't you think it's important to get the right answers? RE-posting makes it more likely to get worse answers, in my experience.

And, if you (or the question asker) have not done your appropriate research after asking the question so that it NEEDS reanswering, well shoot, whose burden should that be?

There are very few questions I can think of that haven't been asked here a million times (use the search functions), documented in a Guide or FAQ (use the blue tabs at the top of the page), highlighted at uscis.gov (visit it) or will be asked in the short time you stop by here (so scan the page of the forum you're using).

Sorry to sound like some crabby old grandpa but I had none of this to follow and I still managed to get through it with less than 10 question posts to my name (yeah, I know, give me a gold star).

Now please don't yell at me.....hahaahahah

Too late!

[kitkat1 5]

Everything meauxna said is especially true since this is NOT a case of an "illegal Mexican immigrant" but an expired student visa situation . . .

[no name 1]

There are very few questions I can think of that haven't been asked here a million times (use the search functions), documented in a Guide or FAQ (use the blue tabs at the top of the page), highlighted at uscis.gov (visit it) or will be asked in the short time you stop by here (so scan the page of the forum you're using).

Sorry to sound like some crabby old grandpa but I had none of this to follow and I still managed to get through it with less than 10 question posts to my name (yeah, I know, give me a gold star).

I hear ya yet when I tell people this or point them to guides i get called a b*tch! Why?

(See my recent post about DCF in New Zealand)