Beneficiary worked illegally in US

[nix88 0]

Hey everyone!

My fiance (Serbian citizen) and I are trying to figure out if it's better to petition for K-1 visa or to get married in Serbia and petition for a spouse visa.We have been together for 4 years now, after meeting in the States, and I have been living with him here in Serbia for the past year. We were thinking to file the K-1 visa because it is generally faster. However, we don't want to take any chances being denied as I will return to the states in August.

So, to get to the point...He came to the States on a J-1 visa and later got an extension for a tourist visa (I think B2). While on this visa he worked for a few months with his SSN card. Later, he returned to Serbia before his visa expired. He didn't claim any taxes or file anything to the IRS for the money he made.

Is this a reason for our petition to be denied? Is it better for us to just get married here and file a spouse visa?

Thanks for your help!

[Adrian-Gloria 43]

Hello, congratulations on thinking about moving on with the relationship, I'll share what we did with you so that you have another point of view.

I was in the same situation with my fiancee, and even though she had been living here in Guatemala for the past 2 years, we decided that it was better if she would move back to the States, start working and get financially stable and start looking for an apartment and plan the wedding before I move up, (assuming we'll get the visa). She left the country today and with a positive attitude, we're hoping everything will work out fine.

IF by any chance the visa was to be denied, she'll come here, we'll get married and do DCF.

Looking back at our situation today, I realize that it would've been so much easier to do DCF since she lived here for such a long time and I'm guessing we'd be living in the US if we would've decided to do it that way, but again, we weren't thinking about it a year ago.

Again, that's what's going on with us, I hope you and your loved one make the best decision for your relationship and to always maintain a good, possitive attitude!

Best wishes,

Adrian

[nix88 0]

A friend who has worked with fiancée visas before told me that
"If he didn't overstay but just worked in the US illegally, then he technically does not have an ineligibility."