Jump to content
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?

1 post in this topic

Recommended Posts

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

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.