is there a way?

[lady banks 0]

Hello I am new here. I was hoping to get some advice. I am a US citizen living in Germany for a long time. Now the problem: my fiance is illegal in Germany we've been together for a while and want it to stay that way. I an planning on going back to the states end of this year. I have been reading about the k1 fiance visa sounds good, but I don't believe I can apply for that while he's illegal in Germany or??? And if not and he returns to his country and I apply then can he be denied since he was illegal or will it not matter? Trying to find the best solution. Will be glad for answers

[Inky 1,110]

You cannot interview in another country if you are there illegally.

He will have to either fix that so he is legal or go home.

[Penguin_ie 5,985]

You can send off the petition while he is illegal, but he will not be able to be interviewed in Germany unless he is legal by the time the interview comes around.

[Harpa Timsah 13,258]

If he returns to his country, his former status in Germany will not make a difference.

Edited May 25, 2012 by Harpa Timsah

[lady banks 0]

Thanks! That's some good news. Well were not sure yet which way will we do it if he should seek asylum or go back to Ghana. Another question when I get back to the states how long do I have to be there to start applying?? Its not easy to leave him back but I have no other choice. so the faster the better.

[Penguin_ie 5,985]

You can apply now, no need to wait. If you are leaving for the USA at the end of the year, he will be most of the way done and should be able to join you soon. The only problem is the affidavit of support (ie you need US based income, assets or a co-sponsor), but that won't come into play until interview day.

[Boiler 43,430]

A fraudulent asylum claim would not help matters.

[Moomin 292]

One thing is not being able to interview in Germany. Another is how to go about showing evidence that you've met once or more in the two years leading up to filing the petition if your fiance hasn't got anything linking him to Germany at the time of meeting.

The US doesn't care about your fiance having been illegal on non-US soil but they do care about where you've lived for the past years(background check), and what's on the police record. Which country does your fiance originate from?

[Boiler 43,430]

I guess Ghana.

[Tinchen_ 21]

hmmm he cant get a interview in germany no resident or police record best would be going back to ghana. but on the g-325a from what does he gonna fill out where did he lived the last 5 years???

just poped up in my mind when i read the threat...

[Boiler 43,430]

the truth is easiest.

[dm559 34]

How long have you been living outside the US because that may cause problems for immigration as well. Is there some reason he doesn't want to or cant return to his home country? You're going to have to arrive here and file the petition here and he will have to interview in the country he has citizenship.

[lady banks 0]

I've been out of the states 12 years. He has no problem going back to Ghana but without a passport and being illegal here they will have to deport him before he was asylum in Spain and before that he was moving around north Africa hasn't been to Ghana around 5 yrs. I'm starting a new life again in the states so don't have a job there yet. I heard the petition costs 300$ is that true??

[AmyWrites 593]

I disagree it won't matter, at my SO's interview they explicitly asked if he had tried to immigrate or if he had lived abroad before. He hasn't, but I think saying the CO's won't care is a bit of a stretch... really depends on how he feels this morning.

[hcfrey 6]

I've been out of the states 12 years. He has no problem going back to Ghana but without a passport and being illegal here they will have to deport him before he was asylum in Spain and before that he was moving around north Africa hasn't been to Ghana around 5 yrs. I'm starting a new life again in the states so don't have a job there yet. I heard the petition costs 300$ is that true??

petition for k1 is $340