K1 Visa Detained by ICE

[Alexa2015 0]

My boyfriend came in to the country with an F1 visa and went out of status. He was detained by immigration and was released 20 days later. The judge ruled his case Without Prejudice. Once he got his paperwork in status, he was able to go in and out of the country without any problem. Now he is out of the country and cant come back in because his visa has expired. We would like to apply for a K1 visa but are not sure if it will be approved because of case he had with immigration. Do you think the K1 visa will be our best alternative

Edited November 17, 2014 by Alexa2015

[Transborderwife 4,666]

How did he get his paperwork back in status? Story is slightly confusing

Edited November 17, 2014 by Transborderwife

[sma1488 155]

If he's your boyfriend and not your fiancé, he's not eligible for a K-1.

[Alexa2015 0]

He was out of status for less than 15 days and during that time immigration detained him. Once he was release from immigration within 2 weeks he was back in status and was able to continue with school. He went in and out of the country twice without any problems. After he finished school he decided to go back to his country for work and his visa expired.

Edited November 17, 2014 by Alexa2015

[NigeriaorBust 4,087]

How long was he out of status ? If he left the country he probably has a ban based on the length of overstaying his visa. You can file a K1 but it will be denied if he has a ban, why was he picked up in the first place Are there other criminal changes ?

[Pitaya 2,576]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about visa options.~

[NigeriaorBust 4,087]

Then he just doesn't have a current visa and you should have no trouble with a K1

[Sandra G. 5,016]

He does not have a ban to reenter.He needs to get certified copy of his immigration hearing .

[msbau764 245]

If he's your boyfriend and not your fiancé, he's not eligible for a K-1.

I'm sorry, but that is misleading and ridiculous. Her boyfriend is eligible. All that would be needed is the intent to marry upon arrival on the US. Why would you dismiss what this person is asking and lead them to believe that her boyfriend could not merely qualify to be a fiance when doing so does not require and engagement ring nor grand wedding plans, only the ability and intent to marry upon issuance of the visa.

"Under U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé(e)’s culture for a man and woman to meet before marriage."

[Boiler 43,433]

With a k1 you have to commit to marry within 90 days which moves you out of the boyfriend category.

Otherwise it seems that there is nothing particular about the case which would cause problems.

[sma1488 155]

I'm sorry, but that is misleading and ridiculous. Her boyfriend is eligible. All that would be needed is the intent to marry upon arrival on the US. Why would you dismiss what this person is asking and lead them to believe that her boyfriend could not merely qualify to be a fiance when doing so does not require and engagement ring nor grand wedding plans, only the ability and intent to marry upon issuance of the visa.

"Under U.S. immigration law, a foreign-citizen fiancé(e) of a U.S. citizen is the recipient of an approved Petition for Alien Fiancé(e), Form I-129F, who has been issued a nonimmigrant K-1 visa for travel to the United States in order to marry his or her U.S. citizen fiancé(e). Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place.

In general, the foreign-citizen fiancé(e) and U.S. citizen sponsor must have met in person within the past two years. USCIS may grant an exception to this requirement, based on extreme hardship for the U.S. citizen sponsor to personally meet the foreign-citizen fiancé(e), or, for example, if it is contrary in the U.S. citizen sponsor’s or foreign-citizen fiancé(e)’s culture for a man and woman to meet before marriage."

Where does the word boyfriend (or significant other, partner,or lover, for that matter) appear in the instructions you quoted? There's a reason it says fiancé(e) instead of those other terms. And my original post was both accurate and clear. Fiancé(e)s are eligible for K-1 visas, and boyfriends are not.

[msbau764 245]

Where does the word boyfriend (or significant other, partner,or lover, for that matter) appear in the instructions you quoted? There's a reason it says fiancé(e) instead of those other terms. And my original post was both accurate and clear. Fiancé(e)s are eligible for K-1 visas, and boyfriends are not.

Someone's girlfriend or boyfriend is eligible to receive a fiance visa if they a) are legally free and able to marry upon the potential issuance of the visa 2) intend to marry within 90 days upon arrival in the United States. That mean her boyfriend qualifies. A proposal, nor engagement ring, nor wedding plans are needed (which in your mind causes someone to be a fiance). Your biggest error here is blowing the person off and not giving real advice, instead strictly interpreting the definition of fiance which is misleading to say the least. Saying her boyfriend doesn't qualify and leaving it at that is disingenuous. He does qualify. All that is needed is a mere letter of intent to marry in the application and, provided that he hasn't been divorced and is not currently married, he under the law is considered a fiance.

Edited November 17, 2014 by msbau764

[Dualie 185]

Where does the word boyfriend (or significant other, partner,or lover, for that matter) appear in the instructions you quoted? There's a reason it says fiancé(e) instead of those other terms. And my original post was both accurate and clear. Fiancé(e)s are eligible for K-1 visas, and boyfriends are not.

The word "fiance" is merely a label for this purpose..

Edited November 17, 2014 by Dualie

[Boiler 43,433]

And a pretty important one.

[justin-s 8]

Oh come on, it really is just a label. I've kept calling my partner my boyfriend because fiancé is just a word that doesn't suit us. Will probably even keep calling him that once we're married. Legally speaking he's my fiancé because of the letters of intent we signed, but what we call each other is up to us.