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Hi! New here to help my son figure out what to do(merged)

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My son's fiance used to have a B1/b1 visa. It expired when she was 15. She finished high school at age 17 here in the US and left back to Mexico. My son and his fiance are now both adults (20 & 22) and wish to get married. Will her expired visa status when she was a high school student make her ineligible for a k1 visa? She came to the u.s. as a 5 year old with her mother. They have been together ever since They met in high school and have remained committed and my son has visited her in Mexico and they have proof of this as well as when he proposed to her.

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As she left before she was 18, she has no ban.

They will likely ask her about it at the interview, but as she was a minor, it does not make her inelligible; she did the right thing and left before she became an adult.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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To be accurate the B would have been voided when she overstayed, either at the age of 5 or 6.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hi! I'm new here to try and help my son (u.s. citizen) and fiance (Mexican citizen) figure out what to do. She came to the states as a 5 year old on a B1/Be Visa. It expired when she was 15. She graduated high school at the age of 18 and the next day, literally, she went back to Mexico. They want to get married but are not sure if its best to get married in. Mexico first and then apply for citizenship or apply for the K1 fiance visa. Also, since her family kept her here 3 years after her visa expired, what would that do to her application? She's never been in untroubled with the law and either has my son.

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Hi,

She is not getting US citizenship. Marriage to a US citizen does not make her a US citizen. She can apply after 3 years of marriage to a USC and have a green card for 3 years for US citizenship.

Her time in the US does not matter since she was a minor. She just needs to disclose it.

A K-1 is for a fiancée. She can not use it if she is married.

Two choices; 1) marry in Mexico, then apply for spousal visa, get green card upon entering the US, or 2) file for the K-1 fiancée visa, come to US and must marry within 90 days, then file for green card which will take 6-12 months and she will not be able to work for 90 days after marriage and filing of papers.

Start by reading the Guides and comparison of the two paths. Best of luck.

Edited by aaron2020

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Hi! I'm new here to try and help my son (u.s. citizen) and fiance (Mexican citizen) figure out what to do. She came to the states as a 5 year old on a B1/Be Visa. It expired when she was 15. She graduated high school at the age of 18 and the next day, literally, she went back to Mexico. They want to get married but are not sure if its best to get married in. Mexico first and then apply for citizenship or apply for the K1 fiance visa. Also, since her family kept her here 3 years after her visa expired, what would that do to her application? She's never been in untroubled with the law and either has my son.

I just wanted to clarify that the 10 year visitor visa (B2) does not mean you can stay in the US for the entire 10 years. Based on what you've mentioned, she probably does not have a ban in place. Be sure you/her always answer truthfully of her stay in the US and not try to hide this fact.

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Welcome to the forum.

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~Inquiry about family visa programs~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

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OP posted something very similar and presumably has not read the replies to that thread.

In that thread she was 17, 18 now and exactly how much matters for a ban.

Obviously you can not visit for 10 years nor can you go to school as a visitor. Well legally.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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~~Similar topics merged. Please do not make multiple threads for the same topic.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Op- was the fiancee 17 or 18 when she left the USA? if 18, exactly how old was she, 18 years and how many days?

This could make a big difference.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I'm assuming open refers to me. I didn't realize I posted both..I thought I deleted the first thread as I was unsure about her age upon exit and wanted to get my facts straight. I am New here and just looking to get help not try and p is multiple threads or ignore other replies. I apologize if that's how this came across. I will delete my account and simply pay an attorney.

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I'm assuming open refers to me. I didn't realize I posted both..I thought I deleted the first thread as I was unsure about her age upon exit and wanted to get my facts straight. I am New here and just looking to get help not try and p is multiple threads or ignore other replies. I apologize if that's how this came across. I will delete my account and simply pay an attorney.

It happens sometimes, don't worry about posting twice, as long as you don;t do it all the time it is not a problem.

But the age thing does matter, so please clarify that and we can help you.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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She just facebook messaged me and says that she was 18 years 9 months and 9 days when she left. They waited for her to graduate from high school then left.

She has a 3 years ban which expires when she turns 21, 9 months, 9 days. A waiver would be needed with a petition before this time. A waiver is not needed if the ban has expired.

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Probably best to wait it out, get the petition filed so it is good to go when the ban expires.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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