can a k1 visa be denied if my fiance was illegaly/ undocumented in the U.S for about 7 years?

[karina&alex 0]

my fiance and i met here in the U.S while he was undocumented/illegal. he was here for about 7 years .. and about 2 years ago he went back to mexico. He didn't get deported though!..on the application it asks if he has ever been in the U.S..which he has!.. does this have any bearing on the k-1 visa being approved?..being that he was here undocumented?

[milimelo 4,751]

my fiance and i met here in the U.S while he was undocumented/illegal. he was here for about 7 years .. and about 2 years ago he went back to mexico. He didn't get deported though!..on the application it asks if he has ever been in the U.S..which he has!.. does this have any bearing on the k-1 visa being approved?..being that he was here undocumented?

Yes, it does. He has to list all his residences/employers on G325a and other paperwork that asks for it. Lying can get you misrepresentation ban - non-waiverable. His presence in the US without paperwork for that long - I believe that's a 10 year ban - so you will have to show extreme hardship in a waiver before they'll issue him a visa.

[Tim/Mav 305]

Yes, it does. He has to list all his residences/employers on G325a and other paperwork that asks for it. Lying can get you misrepresentation ban - non-waiverable. His presence in the US without paperwork for that long - I believe that's a 10 year ban - so you will have to show extreme hardship in a waiver before they'll issue him a visa.

I agree with Milimelo reply.. I'm sorry. It will have a definate impact and not favorable. There are details that may help if you choose to File but I recommend an Attorney anyway. (Due to the circumstances) Milimelo's advice is good but these are your obsticles:

He entered and stayed knowingly and in Violation of the Law. You, knew this as well.. Strike #1 Your done.... Or:

If in fact he had no run-ins with Law Enforcement while in the US or Mexico or Immagration Customs Enforcement ICE.. And left voluntarely that may help. But, see a Attorney.. There is no way there is No record of him being in the US for that amount or period of time.

A Waiver can be filed without an Attorney but I don't recommend it in this case based upon your post. To not be truthful on any form is the end.

Spend some money for a consultation for an hour with an Attorney that deals with your case. A deportation Attorney, not a K-1 Attorney before you file. Might be the best $125.00 you spend before filing. Ask that Attorney for proof from past cases such as yours the success rate of that legal law firm that he/she represented before they suck your money. Good Luck.

[C-ma'am 684]

Yes, it does. He has to list all his residences/employers on G325a and other paperwork that asks for it. Lying can get you misrepresentation ban - non-waiverable. His presence in the US without paperwork for that long - I believe that's a 10 year ban - so you will have to show extreme hardship in a waiver before they'll issue him a visa.

[KayDeeCee 4,902]

my fiance and i met here in the U.S while he was undocumented/illegal. he was here for about 7 years .. and about 2 years ago he went back to mexico. He didn't get deported though!..on the application it asks if he has ever been in the U.S..which he has!.. does this have any bearing on the k-1 visa being approved?..being that he was here undocumented?

He would be able to get all the way to the K-1 interview stage of the process, then be denied because he would have a ban for the illegal time spent in the US. Then you would need to file a waiver to overcome the ban. Do some research on I-601 waivers.

[Harpa Timsah 13,260]

The above responses depend on his age. If he was here while he was a minor, he will NOT have a ban. At what age did he leave the US?

[karina&alex 0]

He first got here at age 17 and left at age 24.

[Harpa Timsah 13,260]

Okay, if he had left at age 18 he would not have a ban (technically before 180 days after his 18th birthday) but he stayed until he was 24, so yes, he will have a ban. There is a waiver available, though it is difficult to get.

[Sandra G. 5,102]

yep he has a 10 years ban then he will need a waiver.Good luck

[pieroot 43]

isn't the overstay forgiven if they get married and apply for AOS?

[Moomin 292]

isn't the overstay forgiven if they get married and apply for AOS?

Overstay yes. Entering without inspection is different because there's no legal status to adjust from.

[desiree.juan 1]

my fiance and i met here in the U.S while he was undocumented/illegal. he was here for about 7 years .. and about 2 years ago he went back to mexico. He didn't get deported though!..on the application it asks if he has ever been in the U.S..which he has!.. does this have any bearing on the k-1 visa being approved?..being that he was here undocumented?

[fredo1 0]

The question is,did he enter illegally? If he does,how did he move to Mexico.was he inspected while going back to Mexico.if there is no record of him being documented.then he is ok.

[GlobeHopperMama 95]

The I-129t petition should be approved, the K1 visa will be denied. He accrued more than 1 yr of unlawful presence before leaving the US, so he has a ban of 10 years from the date he left (this is due to the law under INA 212a9Bii) which seems to mean he has 8 more years of ban time left. In order to waive this, you must file an I-601 waiver demonstrating the extreme and unusual hardship to you (the US citizen) that will result if he remains banned for 8 more years.

I suggest checking out immigrate2us.net for lots of information on waivers and the overall process through Mexico. A lot has changed this year and most of the General i-601 section has details on how it works now. There are also some attorneys that frequently get recommended on immigrate2us.net for I-601 waivers, three of whom are linked in my signature. I know other posters on this thread mean well, but DON'T talk to a lawyer who specializes in deportation, your husband wasn't deported. Talk to a lawyer who specializes in I-601 waivers, specifically, because it's a huge and broad area of law all in itself. You may not need an attorney to do the entire process for you, but you should at least consult with one before filing anything, just to be clear on your options and the potential outcomes for each. Be comforted that simple unlawful presence under INA 212a9B is the easiest inadmissibility to waive in Mexico compared to some of the other immigration violations out there, so as long as that's his only one, your chances likely are pretty good, but talk to an attorney first.

Also, with all due respect to the poster above, that advice is terrible. Lying to immigration (or hiding any presence in the US just because it wasn't "documented") can incur a lifetime ban under INA 212a6C, misrepresentation and fraud. Just because he was never inspected doesn't mean there's no record of his presence in the US. He spent 8 years as an adult, a lot of paper trail can be created and sometimes immigration has been known to dig up really obscure stuff. Also, the OP met her fiance in the US. So omitting his presence in the US will require lying about how they met, too. This is a terrible path and not one to suggest to people so casually, please. 9B is not the worst inadmissibility in the world, and there is hope, but lying only makes the problem worse.

Edited September 23, 2012 by GlobeHopperMama

[Mogambi 96]

Agreed. Plus he's going to have to request FBI clearance since he lived here 7 years, how is he going to do that?

I'm afraid this is a lawyer situation for sure, and the odds are very much against you.

Unlawful presence would have been ok 1) if he had entered legally, and 2) hadn't stayed more than 180 past his deadline.

From the sound of it, he may entered illegally and overstayed by years. No way they are going to let that slip.

And yes, having been here 7 years, there is bound to be some record of him here, and always a TERRIBLE idea to lie to them.