illegal status in Spain

[soniabruin 0]

Hi everyone,

I am about to begin the process of applying for the K1 visa for my fiancee´. I am a U.S. citizen and met my Spanish fiancee´ in Spain while on vacation two years ago. I have been living in Spain ever since and have gone back to the U.S. to visit twice. However, I never acquired a visa because I never expected to be here so long. I am worried that my illegal status in Spain may affect my fiancee´ chances of getting the K1 visa.

Does anyone have any words of wisdom?

Thanks in advance,

Sonia

[isleta521 5]

Hi Sonia,

Try to get back into legal status before fileing and renew your visa by talking to the consulate there and find out what has to be done. Then if that will not work: As MUCH as I hate lawyers, ESPECIALLY immigration lawyers, I think it may make sense to have an initial talk with one to find out what is the damage - if any.

Other than this, I have not a clue. Im sure other members will have more in depth information than I just gave.

Good luck in your journey and welcome to VJ.

Edited December 1, 2006 by isleta521

[Alex+R 0]

I was illegal in Brazil for a year. So far nobody has cared.

I called the consulate there and asked if that would be a problem (anonymously of course) and they said no.

It's not Spain, it's Brazil, but that is my experience.

[meauxna 15]

Sonia,

If you are over there, did you know you can get married and file for him locally, as your spouse? Look at the Guide here about Direct Consular Filing.

I do not think your status will be an issue, based on my experience. But, if you are married, you can easily (and fairly cheaply) get a residencia as his spouse.

Getting residencia otherwise will be expinsive and probably futile, again based on my own experiences. But look into the DCF--it's very fast and easier to do from where you are than a K visa.

[desert_fox 32]

Hi everyone,

I am about to begin the process of applying for the K1 visa for my fiancee´. I am a U.S. citizen and met my Spanish fiancee´ in Spain while on vacation two years ago. I have been living in Spain ever since and have gone back to the U.S. to visit twice. However, I never acquired a visa because I never expected to be here so long. I am worried that my illegal status in Spain may affect my fiancee´ chances of getting the K1 visa.

Does anyone have any words of wisdom?

Thanks in advance,

Sonia

If you are in Spain...forget about the 6 months to get a K1 approved. Get married and submit the i-130 to the consulate. It will be approved in minutes if you have the proper minutes instead of the 6-8 months if you go thru the USCIS. Have him/her submit the 230 visa app, and 4-8 weeks later you will be a Perm Res, without having to deal with USCIS.

[ktsuns2 0]

Sonia,

I met my fiance while I was living in spain as well, before I had a visa too! I had to come back to the US to get a student visa. I tried to get a work visa but that didn't work. The only way I could stay in spain legally was to become a student. You can apply at any university for a Spanish program and they will give you a student visia. But you'd have to come back to USA to get it.

There is no way you can get a visa while you are in SPain. Unless you are some super star basketball player the spanish government told me it was impossible.

I would try to get a work contract. But you'd probably have to come back to the states for the visa.

I spoke with the Consulate in Chicago back in 2003 and they told me it is absolutely impossible to obtain a visa while you are abroad. You only can obtain it from your home country. ie USA.

Before in 2002 it was esiear but since the massive immagration is happening in spain like the USA their laws have tightened up as well.

If you choose the K1 Fiance route:

Another thing you have to think about is providing your last years tax returns and where you have been living and working when you send in all your paperwork. An option would be to put that you have been "studying in Spain" that would make the most sense.

In the process you must explain to the government how you met and so on. I would suggest looking at all the paper work you have to fill out. Then figure out what you want to do. The government never came out and asked me for my visa from when I was living in spain. I did however provide them with a copy of it as evidence of my relationship. But it was n.ot required

Remember this whole process has nothing to do with the Spanish Government. Only the AMerican government. So as far as the AMerican government being concerned about you status for the past two years I don't see why they would care.

The only time it mattered what dates I was actually in Spain was when I applied for my student visa for Spain. But this is for they Spanish Government.

If you are unsure about it my opinion would be just play off as you have been studing and traveling abroad for the past two years "finding yourself so to speak."

Hope this helps!!!

My Fiance will be here in two weeks for good!

Kt

[MariaEric 0]

I have no advice, we went the k-1 route.But if i were you i would go back to the US and do things properly,and not take any unnecessary risk; whether you decide to apply for a k-1 or get back to Spain on a student visa and get married here.

I will be having my interview dec 13 and hope to be moving to the US after christmas *crosses fingers* Haha Eric was telling me just this morning if maybe i could bring with me some jamón

Good luck guys!

~maria eric

[soniabruin 0]

Thanks everyone for the advice! We dread being separated for so long if I had to go back to the U.S., I don´t understand how some of you have done it. I have been teaching English and worked as a telemarketer for about a year where I could´ve asked to be sponsored for a visa, but as I said I didn´t expect to be here so long. If not I would´ve done things differently... Obviously, I will get my parents to co-sponsor me because I have only filed maybe one tax return in five years and not even full-time.

I can´t even get the Madrid Embassy to pick up the phone so I could ask about all the questions I have. Luckily, there´s the internet and this site without a doubt has the best information I have found.

Since our purpose is to live in the U.S. so I can go to graduate school and him work in animation, isn´t it an easier process to apply for the fiancee´ visa as opposed to the spouse visa? At least that´s what I´ve read in other sites. Regardless, I would prefer to get married in L.A. with my family and friends

Thanks to everyone and I´m glad to know I´m not the only crazy fool in love!!!

[meauxna 15]

sonia, you do not have to go back to the US ahead of time, and in YOUR case, a spouse visa would be much easier.

Please, please listen to a couple of old farts (yes desert_fox, that includes you) and read the Guide on DCF.

http://www.visajourney.com/forums/index.ph...om&page=dcf

It's the difference in being *done* and having a Green Card in a couple of months vs a year and a half. I too was living in Europe with my intended, under similar circs to you. Trust me, I turned this thing over every which way; DCF rules.

[Alex+R 0]

Also Sonia, it's important to consider that you can get married LEGALLY in Spain, but have your WEDDING in L.A. with fam and friends. You really should trust Meauxna that DCF is much easier. I would have done it but in Brazil you need official permanent residency there.

[soniabruin 0]

Thanks a bunch, meauxna!

I looked at the Direct Consular Filing, and you´re right, of course. It looks like the easiest way. Thanks for putting in the effort of explaining that whole process. I truthfully would be at a loss without having found this website.

I still have to discuss the details with my fiancee´, but it sounds like it´s the option we´re going to take. Even better, we have more time to plan the wedding ceremony in L.A.

Take care,

Sonia

[Alex+R 0]

Personally, having followed this thread, I am very happy to hear about your decision.

Congratulations.

[ucla_cutie26 0]

This is totally off topic, but I will still ask: Sonia are a UCLA graduate? I was thinking because of your name. I'm a ucla graduate, GOOOO BRUINS! They beat USC this weekend

[bora bora 1]

I know someone who was married in Brasil and brought his wife to the U.S. with DCF. He was not living there permanently. He travelled to one city on a tourist visa, married his then fiance, and they temporarily stayed in Rio (for 3 months) until she was given a visa. It was the best solution for them.

[Alex+R 0]

I know someone who was married in Brasil and brought his wife to the U.S. with DCF. He was not living there permanently. He travelled to one city on a tourist visa, married his then fiance, and they temporarily stayed in Rio (for 3 months) until she was given a visa. It was the best solution for them.

They only recently got more strict with DCF rules.

You used to only have to show up there at the consulate.