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Would having a sister who may be an illegal alien affect my fiance's K-1 approval?

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Currently, I am petitioning for my Filipina fiance. Our NOA1 date is April 8th. She has a sister that came to the US on a workers visa a while back and is still residing here, in Florida (I live in California). She doesn't know if her visa expired (she suspects it is, but her sister won't tell her). Obviously my fiance will have to put her on the DS-230 where it asks if she has family members who have been in the US. Her dad is another, but he has always honored his visa and come back.

My question is, will the fact that she may have a sister who is an illegal resident on an overstayed visa affect my fiance's K-1 approval? I do have plenty of evidence of a bonafide relationship both already in the application packet I sent as well as with what I plan on bringing to the interview with her. I will be at the interview with her.


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From what I understand, the Philippines is a high-fraud country, but you should be ok if you can prove your burden. If it were a tourist or work visa it might hurt the case more, as the burden of proof is that the applicant does NOT have intent to immigrate in those cases, but since this is handled differently, since the intent IS to immigrate. Your burden is to prove your relationship is legitimate, and that your fiancee does not intend to use you and the K-1 process as a tool to immigrate.

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I don't think it will be an issue, especially considering that you will be there for the interview.


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

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