Fiance entered the US illegally can I still file k1 visa?

[ClaudiaMorales 0]

First of all I would like to point out how grateful I am for this website. My question is as follows, my fiance and I have been together for 3 years and now I would like to file for a k1 visa, the problem is that he is currently in the US illegally, he is 18 years old. I have been looking around and from what I have read the 3/10 year bar does not apply to children and they only begin to accrue unlawful presence once they turn 18 years old, is this true? If it is true and he leaves before he turns 18.5, will there be any problems when we file for the k1 visa? Like will he be banned from returning to the US or will he be denied the visa?

Also is there any way he can apply for the visa at US embassy that is not his home country? He is Mexican but plans to stay in Colombia with my family, he does not need a visa to go to Colombia as he is allowed to be there for 180 days if he is visiting, he also plans to go to another country to visit as well but will not be living in Mexico for the period of the whole visa application and wait time. Does it matter if he applies in Colombia even if it is not his home country but he is only there as a visitor for 180 days (He can apply for an extension)? Has anyone been through this situation? I read that you can apply at any US embassy but is this the case if he is there visiting my family for more than 6 months?

Also sorry for so many questions. But this is the last one. s it necessary for my fiance to show legal ties to his home country if applying for a k1 visa? The reason I ask is because he is not going to be living in his home country, he is going to be traveling. And in the G-325A form under applicant's residence las five years does he have to list an address in mexico or his address in the country he is visiting? He will be visiting the country for a period of 6 -8 months.

We would get married here if possible but we want to do things the legal way. Also I will be visiting a lawyer soon but it's the weekend and these questions haven't stopped bothering me.

So sorry if I am asking questions that have already been answered.

If anyone has been through this situation I would really appreciate an answer. Thank you in advance.

[payxibka 10,045]

he could apply in columbia if he was legally residing there not just visiting

[ClaudiaMorales 0]

Thank you for the information!

[ClaudiaMorales 0]

How about if he is in Colombia on a work visa?

[Gosia & Tito 199]

First of all I would like to point out how grateful I am for this website. My question is as follows, my fiance and I have been together for 3 years and now I would like to file for a k1 visa, the problem is that he is currently in the US illegally, he is 18 years old. I have been looking around and from what I have read the 3/10 year bar does not apply to children and they only begin to accrue unlawful presence once they turn 18 years old, is this true? If it is true and he leaves before he turns 18.5, will there be any problems when we file for the k1 visa? Like will he be banned from returning to the US or will he be denied the visa?

Also is there any way he can apply for the visa at US embassy that is not his home country? He is Mexican but plans to stay in Colombia with my family, he does not need a visa to go to Colombia as he is allowed to be there for 180 days if he is visiting, he also plans to go to another country to visit as well but will not be living in Mexico for the period of the whole visa application and wait time. Does it matter if he applies in Colombia even if it is not his home country but he is only there as a visitor for 180 days (He can apply for an extension)? Has anyone been through this situation? I read that you can apply at any US embassy but is this the case if he is there visiting my family for more than 6 months?

Also sorry for so many questions. But this is the last one. s it necessary for my fiance to show legal ties to his home country if applying for a k1 visa? The reason I ask is because he is not going to be living in his home country, he is going to be traveling. And in the G-325A form under applicant's residence las five years does he have to list an address in mexico or his address in the country he is visiting? He will be visiting the country for a period of 6 -8 months.

We would get married here if possible but we want to do things the legal way. Also I will be visiting a lawyer soon but it's the weekend and these questions haven't stopped bothering me.

So sorry if I am asking questions that have already been answered.

If anyone has been through this situation I would really appreciate an answer. Thank you in advance.

Since the end goal is getting marry, I would say to seek legal advice from an immigration attorney before making any decisions. Very often, the reasoning for a K-1 is when the fiance/fiancee is not in the US and K-1s are one way to bring them over. It might be possible to marry and adjust his situation without having to do all what you are planning, unless there are some specific reasons (such as work, etc) to stay in COlombia. Again, consulting with an immigration attorney is what I'd do.

[I AM NOT THAT GUY 5,715]

If he is already here, no reason to file for a K visa.

[milimelo 4,505]

If he is already here, no reason to file for a K visa.

But they have to file for either CR-1, or K-1 - as he is in the country ILLEGALLY. He needs to leave before he turns 18,5 so he doesn't get a ban.

[ClaudiaMorales 0]

Do you know if there's a greater chance of getting denied the visa if they find he entered illegally? Or do they just not care as long as he left the US before he turned 18.5. I want to be 100% sure before he leaves, I don't want to risk not being able to see him for 10 years. I think I will just consult with an attorney. Thanks so much for replying.

[I AM NOT THAT GUY 5,715]

But they have to file for either CR-1, or K-1 - as he is in the country ILLEGALLY. He needs to leave before he turns 18,5 so he doesn't get a ban.

They can get married here. From there, he can leave before he turns 18 and 180 days, then she can file for IR-1/CR-1.

[JimVaPhuong 4,863]

He cannot adjust status in the US because he entered illegally - dead stop.

As long as he leaves before he's accumulated 180 days of overstay then he won't incur an automatic ban when he leaves. He should be able to get a visa.

He can apply at a US consulate in a country other than his home country only if he has resident status in that country. If he's there on a visitor's visa then the US consulate is going to tell him to go back to Mexico for his visa interview.

[inloveVEN 46]

You need to hire an attorney specialized in inmigration before you do anything because as he entered illegally he wouldn´t be able to adjust status.

K-1 visa is only useful when your fiance doesn´t live in USA. is a way to bring your fiance and get married when he doesn´t have a visa.

You have to run because if he is 18 year + less than 180 days he will have a chance but if he have more than 180 days after his birhtday the things change.

If he want to apply in a foreing country he need to be a legal resident for at least 6 month in this country. you can read the consular webpage from Colombia

Edited December 12, 2011 by inloveVEN

[inloveVEN 46]

You need to hire an attorney specialized in inmigration before you do anything because as he entered illegally he wouldn´t be able to adjust status and You have to run because if he is 18 year + less than 180 days he will have a chance but if he have more than 180 days after his birhtday things changes.

If he want to apply in a foreing country he need to be a legal resident ( a work visa is a valid way ) for at least 6 month in this country. you can read the consular webpage from Colombia

but don´t do anything like travel abroad before contacting a lawyer because if he is older than 18years + 180 days you wont be able to solve it in the easy way

Edited December 12, 2011 by inloveVEN

[Brother Hesekiel 2,236]

You need to hire an attorney specialized in inmigration before you do anything . . . .

What exactly is it that an attorney can do here in a case that is so simple and so clear like mountain spring water?

[mari3425 1]

So I realize this post is a little old but I was wondering what you decide d to do. I am on the same boat as your fiance and an attorney gave us two options. Get married and leave before the 18.5 avoiding the time ban, but the process could take around a year, or leave before the 18.5 and apply for the k1 since I would no longer be in the US. The difference would be that the k1 took less time. Anyway, I kept wondering if someone else had a similar case and I came across this post. Hope you see it and reply even though its been so long!!

[I AM NOT THAT GUY 5,715]

So I realize this post is a little old but I was wondering what you decide d to do. I am on the same boat as your fiance and an attorney gave us two options. Get married and leave before the 18.5 avoiding the time ban, but the process could take around a year, or leave before the 18.5 and apply for the k1 since I would no longer be in the US. The difference would be that the k1 took less time. Anyway, I kept wondering if someone else had a similar case and I came across this post. Hope you see it and reply even though its been so long!!

The timelines for the K visa and the IR-1/CR-1 visa are not that far apart. K visa costs more in the end, and you have to adjust status once in the US, and cannot work right away. There are definite tax advantages for the US spouse for marrying right away, instead of waiting until you are back in the US.