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Brenda m

Am I eligible for a K1 visa if I lived illegally in the United State but only had 4 months of unlawful presence?

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Me and my fiance want to apply for a K1 visa. He is a US citizen. I entered the US in 2004 by plane with a visa when I was 9 years old. My parents decided to stay and live in the US thereby overstaying our tourist visa.  We lived in Chicago, Illinois. I applied for deferred action for childhood arrivals when I was 17 and I was told there was no unlawful presence since I was not yet 18. I met my fiance in 2015 and we lived together for a year. My DACA expired in October 9th 2016 and I did not renew it. For family reasons I had to leave back to my home country of Mexico in February of this year, my fiance and I did not get a chance to get married. Technically I had 4 months of unlawful presence by then , since it is under 6 months would i still be eligible ? I have no criminal record. We have plenty of proof of our relationship, pictures, bills under my name , witnesses. Would it it better if he came to marry me in my country and then applied for a spouse visa?

Edited by Brenda m

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