Fiance lived illegal for few years and left voluntarily, will that affect his K1 visa?

[Da & Ra 14]

Hi,

I applied K1 fiance visa I129 for my fiance overseas and we have been waiting for approval, my question is He used to live in USA illegally for few years long time ago and he left voluntarily without deportation ..Will that affect his K1 visa now? Will he be needing a waiver? Please help !

Thank you

[kzielu 1,154]

Yes, he incurred 10 year ban - unless 10 years passed from his departure, he will be denied K-1 visa and will need a waiver.

[newacct 688]

What exactly do you mean by "live in USA illegally for few years"? How did he enter? What status was he in?

[Da & Ra 14]

Yes, he incurred 10 year ban - unless 10 years passed from his departure, he will be denied K-1 visa and will need a waiver.

Oh wow.. i hope not though .. today i got request for evidences from uscis and i will wait for the letter in the mail to see what they are requesting...

Thanks for your reply

[Da & Ra 14]

What exactly do you mean by "live in USA illegally for few years"? How did he enter? What status was he in?

He had visiting visa and he didnt leave when he was supposed to by law..so he stayed for longer time with no papers but found it hard to move around and work and things like that,,then he decided to leave, that was long time ago .. I will see what evidences uscis are requesting from me when i get the letter in the mail.. hope all good

[kzielu 1,154]

Oh wow.. i hope not though .. today i got request for evidences from uscis and i will wait for the letter in the mail to see what they are requesting...

Thanks for your reply

That doesn't really matter - USCIS doesn't care and it is not their job - they just adjudicate the petition. Embassy denies. Bottom line - do not draw any conclusions from the the fact that USCIS will approve your petition.

[Jawaree 719]

USCIS approve all valid petition like if you are related, married or engaged

NVC will even request docs...

consulate (DOS) decides yea or nay... that's the process

[canadian_wife 1,831]

You say it was a long time ago...how long is a 'long time ago'?

I suggest you brush up on your reading about overstays and prepare yourself accordingly

good luck

[NigeriaorBust 4,087]

Important dates for good answers for you

When did he arrive and on what visa

When was he supposed to leave

When did he leave

[Da & Ra 14]

Hi All,,

My Fiance was here in 2001, came in without any visas, lived few months and then he got caught , they did a court for him but he did not go to and he moved to another state and lived there till 2006 and then left on his own. I applied for fiancé visa and we got RFE because they need evidence that we met 2 year before applying which we did not, we met 2 and half years ago. Most people on the site told me that we will be denied. We will refile after I go down to visit and get proves that we are together.. My main concern now, Will they request any kind of waiver for his illegal stay during that time? I read the ban ( 6p ban) is for 5 years, Is that from the day he left or court date? Does that apply to his case and will that affect the k1 visa?

Edited May 7, 2013 by Da & Ra

[belinda63 3,053]

He was here for more than 365 days so he has a 10 year ban. Most likely you will need an I-601 waiver showing extreme hardship to you, the US citizen, if he is not granted an immigrant visa.

[Da & Ra 14]

He was here for more than 365 days so he has a 10 year ban. Most likely you will need an I-601 waiver showing extreme hardship to you, the US citizen, if he is not granted an immigrant visa.

Is that from the day he left or court date?

[canadian_wife 1,831]

The day he left

However, I'd be more concerned about the court date, was he ordered to leave? If he was and he failed to do so that may make him a deportation absconder which is a whole other story.

If they moved the court date or made another judgement then it is a 10 year ban for the overstay, without knowing the outcome of that court hearing you may be in for a surprise.

How did he enter the country if he is from Jordan and did not have a visa?

good luck

[Da & Ra 14]

Hi, he was ordered to deport in 2001 but he did not ..he left in 2006 but since the passport was not stamped when he left we dont know exact date when he left states, my lawyer told me he will be ok all he needs is a waiver but since this lawyer being messed up I feel I don't trust him and I'm trying to know before I go and refile I don't want to keep wasting time and money and end up with dead ends..

Edited May 7, 2013 by Da & Ra

[Harpa Timsah 13,260]

Okay, your current petition will be denied because you haven't seen him in 2 years.

You must meet.

Then you can refile.

Your second petition will be approved hopefully, but the visa will be denied.

Then you can submit a waiver for his illegal presence in the US. The waiver costs money too.

There are a lot of red flags here, be careful.

Edited May 7, 2013 by Harpa Timsah