please your kind advise is needed.

[bkb 0]

Hi to you all. I believe this is the right place to get the right answer from people who knows the best option and people who had similar experience from any country.

I am the USC and my fiance is from Kenya and have been living in Greece for 12 years. Since we met online I have visited her 3 times within 2 years and now we want apply for the k1. presently my fiance has a problem with her residency in Greece because she couldn't meet up with the last taxes and could not apply for a renewal. I learnt in Greece resident cards or permit are renewed with your taxes. The only option was for her to apply to the court which has to give orders for her to go and claim back her resident card. Meanwhile, the court gave her a plane paper with her information including her passport no, which states that she applied to the court and now waiting for an answer. It also stated that incase of arrest because of resident card, she should not be arrested or deported. Which means police can not arrest or detain because of resident card till she gets the final decision from the court.

My question is; can I send out the forms now and when its time for interview, will that be a problem since it will take up to 5 years before she can get an answer from the court and it's just 1 year and half since she applied to the court?

[Penguin_ie 5,994]

You can absolutely file now.

If she is allowed to be resident in the country by the court until this is sorted out, she can probably interview in Greece, but she may need to return to Kenya if it is not considered proper residency.

[bkb 0]

Thank you Penguin. The email from US.state.gov said her residency can not affect the visa issuance as there are no such law when it comes to k1. However, they told me to contact the u.s. embassy in Greece. When I did, they lady said my fiance has no problem, they will confirm her status when its time for interview. They advised me to go ahead and apply. I just want to be sure we won't have delay with that. I wonder Why she said they will confirm her status and not tell me directly that the paper from court is ok.

[Las&kay 8]

Hi I just found this link while reading through people's experiences. It's an experience with someone living illegally in Brazil. You will find his post helpful. From his timeline he was issued a visa despite being illegal in Brazil. Though it's been a long time but like I know, your fiance is immigrating and it won't be an issue so long as she has something to show that she has a record in Greece. Good luck.

http://www.visajourney.com/forums/topic/44447-illegal-status-in-spain/

[NigeriaorBust 4,087]

Each embassy is different about allowing people that aren't legal to interview there. Check the embassy reviews to see if there is any information. Most want you to be a resident of the area covered by the embassy

[bkb 0]

Thank you las&Kay and NigeriaorBust. We are now waiting for our NOA2. Hopefully it will not be an issue because according to our findings, my fiance has a status in Greece. The only difference is that her residence card is not ready pending final approval by the Greek court.

[ziggyzaazaa 14]

oops

Edited December 1, 2016 by ziggyzaazaa