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

[Julie y Pat 67]

I think with a deportation thrown in the mix, there may be a need for an I-212 waiver along with the I-601 waiver. I-601's are tough enough to have approved for a K-1, the missed court dates will be aggravating factors making it that much harder.

[Boiler 47,502]

You will need evidence he left when he did.

Adding a 212 into the equation only really adds costs.

A standard waiver with a compotent lawyer is pretty much a given. You obviously have aggravating factors. But not any that are impossible to overcome.

[Da & Ra 14]

Hi, thank you all for your replies, i know this situation is a pain but i dont know what to do, i replied to my RFE and explained i couldn't meet him again within the 2 years requirment and my reasons, i am expecting a denial but you never know. After the decision i will try to plan a trip there and gather up more evidences.. About the time he left, all he knows it was in 2006, but no evidences all what we have his drivers license and that has an experation date of 2007 on it, he said he got it in 2004.. I asked another lawyer he said he will need a 601 waiver for his illegal stay and he will be approved and if they denied his visa then we will know the reasons and we can work on it to get him approved again..but again,, i dont know how long this will take and what i will be facing down the road, everyone situation is different ,for me at this point i am doing what ever it takes and I will pray to god to make it easy.. best luck to all of you

[Possiblymaybe 371]

Da & Ra, I suggest you visit your first lawyer, fire him, and demand a refund (which he may not give you). If you were upfront with him about your situation, he should have never charged you to file the I-129F. He should have instead informed you that you must have met your fiance within 2 years. If USCIS denies your petition, which is the most likely outcome, then you have wasted your filing fee, your attorney fee, and 7 months. Before you proceed any further, either with or without an attorney, you should research the requirements of the I-129F and the consequences of his overstay and his deportation order so you can make an informed decision.

Like someone else said, this case has red flags all of over it. Proceed with caution.

[Boiler 47,502]

Why could you not meet him?

[Da & Ra 14]

Da & Ra, I suggest you visit your first lawyer, fire him, and demand a refund (which he may not give you). If you were upfront with him about your situation, he should have never charged you to file the I-129F. He should have instead informed you that you must have met your fiance within 2 years. If USCIS denies your petition, which is the most likely outcome, then you have wasted your filing fee, your attorney fee, and 7 months. Before you proceed any further, either with or without an attorney, you should research the requirements of the I-129F and the consequences of his overstay and his deportation order so you can make an informed decision.

Like someone else said, this case has red flags all of over it. Proceed with caution.

You are right! i am sure he will not refund me nothing, even when he did the hardship letter for the RFE , he asked for more money, i said NO, you already took so much and i most likely will be denied, he was like no you will not.. i didnt pay him..

[Da & Ra 14]

Why could you not meet him?

because i went there April 2010 and i met him at the airport while on a connecting flight, we became freinds, at that time i was in a relation with another man but things didnt work out and we broke up..He was my closest freind and he used to listen to me with all the problems im running into from previous divorce to a failing relationships and caring for my 2 kids, specaily i have my son with ADHD and my work im so tied up with international customer relations and things like that... Also as a muslim lady i cannt go there and be with him without marraige ( its in our culture and religion) Our love bloomed in June of 2012 and When i asked that lawyer what is the best way since i can not go, he was like file for fiance visa and he will come and you will see him and introduce him to your family and kids and if things dont work out he can leave in 90 days, I asked him how long this process will take, he said the most 90 days and he will be here., my finace called him and explained his situation about beeing here and all that and we gave him all the paper work we have. I filled for him in Oct 2012. and its almost 7 month now and we have been waiting..

[belinda63 3,053]

I would demand a refund from this attorney and report him to the State Bar association. He lied to you or he is completely incompetent.

You will have to start over after you meet him. While you are there you may even consider marriage as then you can file for the CR-1.

Just our of curosity, what did he base the hardship on?

[Da & Ra 14]

I would demand a refund from this attorney and report him to the State Bar association. He lied to you or he is completely incompetent.

You will have to start over after you meet him. While you are there you may even consider marriage as then you can file for the CR-1.

Just our of curosity, what did he base the hardship on?

The hardship letter based on my financail siutation, custody of a specail need son, religion/culture, cannt take off work ..things like that.. i also included a letter that my mom was with me and she saw him .I also send them parts of our chats and calls and couple pics from online cam chat, also copy of money transfer and what prove of mailed box with gift for my birthday .. Hope they accept if not then i might consider marriage and file CR-1 later.. as far as reporting that lawyer, no time for him now..i will see wher im gona end up at thru his awful services..

Edited May 9, 2013 by Da & Ra

[dwheels76 5,486]

For a hardship i thought for k1 its very very hard. Your lawyer should have suggested getting married.

Lack of Finances, children is not a hardship not to meet. You still can travel and you have shown that. Very rarely these hardship "we can't meet" will work. And given his history with immigration he has shown himself to be very unreliable and his moral integrity really is coming into question.

Your lawyer very much should be reported so no one else is robbed. That lawyer is too stupid and clueless to be considered a lawyer.

And to tell you he will be here in 90 days. In who's universe? OMG I am so sorry this has a big long wait for you.

Unless the USCIS adjudicator can't read they will see you didn't meet the requirement of meeting within 2 years and you will be denied and have to start over. I suggest going there staying awhile and getting married.

Divorced, children, meeting someone "accidently" at airport, illegally here, ignoring immigration, not appearing in court (I would assume there's a warrant out for him), I wouldn't call it leaving voluntarily when their were deportation proceedings he didn't appear. He ran.

All you can do is wait and see what USCIS decides. And I have seen one case recently posted they didn't even meet USCIS approved sent to embassy well the CO denied them without even asking a question. So don't think an USCIS approval gets you home free. You still have waivers and lots and lots of money to spend.

I would go visit immigrate2us.net they specialize in waivers.

[Da & Ra 14]

For a hardship i thought for k1 its very very hard. Your lawyer should have suggested getting married.

Lack of Finances, children is not a hardship not to meet. You still can travel and you have shown that. Very rarely these hardship "we can't meet" will work. And given his history with immigration he has shown himself to be very unreliable and his moral integrity really is coming into question.

Your lawyer very much should be reported so no one else is robbed. That lawyer is too stupid and clueless to be considered a lawyer.

And to tell you he will be here in 90 days. In who's universe? OMG I am so sorry this has a big long wait for you.

Unless the USCIS adjudicator can't read they will see you didn't meet the requirement of meeting within 2 years and you will be denied and have to start over. I suggest going there staying awhile and getting married.

Divorced, children, meeting someone "accidently" at airport, illegally here, ignoring immigration, not appearing in court (I would assume there's a warrant out for him), I wouldn't call it leaving voluntarily when their were deportation proceedings he didn't appear. He ran.

All you can do is wait and see what USCIS decides. And I have seen one case recently posted they didn't even meet USCIS approved sent to embassy well the CO denied them without even asking a question. So don't think an USCIS approval gets you home free. You still have waivers and lots and lots of money to spend.

I would go visit immigrate2us.net they specialize in waivers.

Thank you so much for your reply.. even when he did the RFE reply ,they didnt mail it out yet..i was checking the tracking last night..im really feeling so down nowadays as i can not do anything at this point.. thanks for the website, i will check on it for the waivers.. best luck to you..

[Cathi 5,849]

Being Muslim does not prevent you in any way meeting him before marriage. Your petition will be denied for not fulfilling the 2 year rule.

Edited May 11, 2013 by mimolicious

[Boiler 47,502]

and they have already met once it seems.

[NigeriaorBust 4,087]

There is no basis that you have mentioned that can be used for an approvable waiver. Thousands of muslim couples here have met before filing and didn't violate any religious rules. The rules are more that you should be intimate before marriage not that you can't have lunch together with friends and family. There are some religions that forbid all contact and those are the ones that you can get a waiver for. As far as you having kids, there are these things called baby sitter and relatives ( especially the other bio parent ) that can watch them short term. For the first petition you are helpless. You were lead down a dead end and all you are waiting for is the wreck at the end. The next petition, which is where your energy needs to go will also a mini train wreck but you know what is coming. You met , you file, your petition gets approved, by law his visa will be denied no matter how the interview goes. ( but you need a good interview ) he should be told "yes we recognise your relationship but you need a waiver approved. You submit the waiver , it gets approved and then you can be together.

[Da & Ra 14]

Everyone situation is different .. If he was from my country where I have family members it would of been easier .. Where he is I never been to or know anyone and yes as a Muslim woman I can not go there and be with him and when I met him I was on a connecting flight not specially going to see him anyways now I understand what I should be doing next .. Thank you