K-1 Visa Process Having Undocumented Parents

[1997pumpkin 2]

Hi, everyone!

So I am a foreigner who's engaged to an american citizen.
We want to start the k-1 visa process as soon as we can so we can get married.
But we face a problem.

His mom entered the country illegally and has been living in the US for a long time undocumented.
In the form I-129f, we have to put his mom's Contry of Birth, Country of Residence and City of Residence.
We know we cannot lie to immigration, that is not the point.
But we do have some questions that have been bothering us are:

Has anyone gone through the same situation or similar?
Do you think going through this process could put her in the immigration radar?

I know they don't ask for the status on the form, but do you think this process could lead to a situation dangerous for her?

Thank you in advance!

[DELETEME1234 208]

In theory it could cause trouble for her, in practice I doubt it will cause any issues for her.  

 

More concerning, if you will, is that there might be a possibility that it will be detrimental to you. Technically your families actions shouldn't affect your case (safe for the specific questions about human/drug trafficking and you benefitting from it), but there have been VJ members who indicated that they've heard of situations in which immigration related activities (in particular questionable activities) has been stated as a reason to deny certain visa or immigration benefits.  

 

Now as I understand the mother is the USC's mother? That might make a difference. I have no idea, the members in questions that have heard of such experience might be able to shed some light on the matter. 

 

 

In what state does the mother live?

[1997pumpkin 2]

1 minute ago, Poseidon1212 said:

In theory it could cause trouble for her, in practice I doubt it will cause any issues for her.  

 

More concerning, if you will, is that there might be a possibility that it will be detrimental to you. Technically your families actions shouldn't affect your case (safe for the specific questions about human/drug trafficking and you benefitting from it), but there have been VJ members who indicated that they've heard of situations in which immigration related activities (in particular questionable activities) has been stated as a reason to deny certain visa or immigration benefits.  

 

Now as I understand the mother is the USC's mother? That might make a difference. I have no idea, the members in questions that have heard of such experience might be able to shed some light on the matter. 

 

 

In what state does the mother live?

Thank you for your answer!

Yes, it's the USC's mother who's here undocumented.
I've here that when it's the beneficiary's mom it's more risky, because they usually ask about it.
But in our case, it's the petitioner's mom.
 

She lives in New Jersey.
I know we only put her city of residence there, but she lives in the same address as my petitioner, which we do put on the form, so there's my fear.

[DELETEME1234 208]

2 minutes ago, 1997pumpkin said:

Thank you for your answer!

Yes, it's the USC's mother who's here undocumented.
I've here that when it's the beneficiary's mom it's more risky, because they usually ask about it.
But in our case, it's the petitioner's mom.
 

She lives in New Jersey.
I know we only put her city of residence there, but she lives in the same address as my petitioner, which we do put on the form, so there's my fear.

Hmm I see. Well to be honest no one here can really tell you about the risk involved, we'd all be guessing. We like to act here like USCIS is an all knowing organisation, but quite frankly most of the information they have is volunteered by petitioners/beneficiaries, by which I mean to say that they might not be aware. On top of that someone needs to care about it and be willing to put resources on it. USCIS is part of DHS like ICE, but ICE is the one that enforces the laws and they'd have to get a heads from someone at USCIS that realises something is up.  

 

Having said all that, in the end it is a risk, it is a gamble you'll be taking and only you guys can decide if it's worth the risk. 

 

Normally I think a lawyer is useless in the immigration process, but in this case it might be beneficial to talk to an experienced lawyer. They might know of ways to shield your future mother in law and perhaps even avenues to cure her illegal status. Either way with some luck she lives in one of the sanctuary cities in NJ which makes it a bit easier living in a situation like this. 

 

This comment might be a bit too close to comfort in terms of violating the ToS of this forum in regards to condoning illegal immigration activities so it might get deleted (although I'd prefer the mods salvage whatever useful advice is allowed).

[Boiler 43,426]

Lying certainly could get you into trouble, so many times on here we see that the act of trying to hide something relatively minor causes the much bigger problem.

[Greenbaum 12,258]

I am not aware of any case like yours, nor do I profess to know the outcome if you were to divulge your families information. Now I do know, is that if you are dishonest then you face a denial. This is a tough decision to make but it is one you and your fiance need to come to terms with. 

 

With situations that rare like yours it would be a big help to the VJ community that you would post to this thread your progress and what, if any, was the outcome of what you decided to do. 

 

Best to you and your familly.

[1997pumpkin 2]

9 minutes ago, Greenbaum said:

I am not aware of any case like yours, nor do I profess to know the outcome if you were to divulge your families information. Now I do know, is that if you are dishonest then you face a denial. This is a tough decision to make but it is one you and your fiance need to come to terms with. 

 

With situations that rare like yours it would be a big help to the VJ community that you would post to this thread your progress and what, if any, was the outcome of what you decided to do. 

 

Best to you and your familly.

Thank you!

Yeah, I've seen two similar posts here in VJ, but they were from 2018 and there is no outcome from it. 

Chances are me and my fiancé are going to apply soon, so I'll be posting the progress here in hopes to help people in the same situation in the future.
I just hope everything goes right.

 

[Boiler 43,426]

It is not an uncommon situation, may not be seen on here very often.

Quote

 

Normally I think a lawyer is useless in the immigration process, but in this case it might be beneficial to talk to an experienced lawyer. They might know of ways to shield your future mother in law and perhaps even avenues to cure her illegal status. Either way with some luck she lives in one of the sanctuary cities in NJ which makes it a bit easier living in a situation like this. 

 

Obviously a USC child could sponsor, I assume the issue is the 10 year ban.

[1997pumpkin 2]

2 minutes ago, Boiler said:

It is not an uncommon situation, may not be seen on here very often.

Obviously a USC child could sponsor, I assume the issue is the 10 year ban.

10 year ban? This is all new to me and honestly I am completely lost lol
She has been here for more than 10 years though

My fiancé said that they tried to get her the GC/citizenship (I'm not sure), but they couldn't for some reason.
I don't really know why, but I do plan getting more information about it on the near future so we can figure out a way for all of us to stay in the US legally.

Right now my main focus is figuring out how to get in the US to marry my fiancé without putting her at risk.
But it appears that the K1 is the only way, so we'll probably a apply for it and go from there.
Unfortunetly, we are both 22 and money is kind of an issue right now, so we couldn't go any further than the free initial consultations with lawyers, but we'll keep fighting through it and hopefully we'll get there without any complications.
 

[Boiler 43,426]

4 minutes ago, 1997pumpkin said:

10 year ban? This is all new to me and honestly I am completely lost lol
She has been here for more than 10 years though

My fiancé said that they tried to get her the GC/citizenship (I'm not sure), but they couldn't for some reason.
I don't really know why, but I do plan getting more information about it on the near future so we can figure out a way for all of us to stay in the US legally.

Right now my main focus is figuring out how to get in the US to marry my fiancé without putting her at risk.
But it appears that the K1 is the only way, so we'll probably a apply for it and go from there.
Unfortunetly, we are both 22 and money is kind of an issue right now, so we couldn't go any further than the free initial consultations with lawyers, but we'll keep fighting through it and hopefully we'll get there without any complications.
 

Well you need a basis to get a GC, entering illegally is not one of them. You are looking at getting yours through marriage to a USC.

[milimelo 4,191]

6 minutes ago, 1997pumpkin said:

10 year ban? This is all new to me and honestly I am completely lost lol
She has been here for more than 10 years though

My fiancé said that they tried to get her the GC/citizenship (I'm not sure), but they couldn't for some reason.
I don't really know why, but I do plan getting more information about it on the near future so we can figure out a way for all of us to stay in the US legally.

Right now my main focus is figuring out how to get in the US to marry my fiancé without putting her at risk.
But it appears that the K1 is the only way, so we'll probably a apply for it and go from there.
Unfortunetly, we are both 22 and money is kind of an issue right now, so we couldn't go any further than the free initial consultations with lawyers, but we'll keep fighting through it and hopefully we'll get there without any complications.
 

Well if the mother hopped the border (undocumented) without a visa that's one way to not be able to get an immigration visa (or AOS) without having to go to the country of origin and serving the ban. Ask your fiance how the mother got in?

[geowrian 22,335]

There's no direct impact to your case as a result of their actions. Just don't lie, obviously.

It is possible that she may appear on ICE's radar just by nature of having her current information. It's unlikely IMO, but I have no idea what information they actually use in practice.

 

Indirectly, it is not unheard of to have some skepticism of a marital type relationship when there are other, influential family members who have the potential to benefit from it. Basically, if they think the marriage is a means to get legal status for her, expect additional scrutiny. This is not a reason for refusal in itself, but having and presenting a strong case is the way to go.

 

29 minutes ago, 1997pumpkin said:

10 year ban? This is all new to me and honestly I am completely lost lol
She has been here for more than 10 years though

Upon exit (assuming this is her only overstay) , there will be a 10 year ban on any visa due to 1+ year of unlawful presence. How long over the 1 year she stayed doesn't matter...it's a 10 year ban either way.

 

If she was not inspected when she last entered the country, she will not be eligible for AOS and would have to interview abroad for a visa. When she exits the US, that's when the 10 year bar kicks in.

You are not an qualifying relative for a waiver of that bar either (in case anybody mentions an I-601/I-601A).

 

So if she entered illegally, she has no legal path without first leaving the US for at least 10 years.

If she entered legally and overstayed (technically she only needs to be inspected, not necessarily "entered legally"), there is the potential for a legal path eventually.

[1997pumpkin 2]

37 minutes ago, milimelo said:

Well if the mother hopped the border (undocumented) without a visa that's one way to not be able to get an immigration visa (or AOS) without having to go to the country of origin and serving the ban. Ask your fiance how the mother got in?

Ohhhh, yeah, she came here through the border

[Boiler 43,426]

3 minutes ago, 1997pumpkin said:

Ohhhh, yeah, she came here through the border

What does that mean?

[geowrian 22,335]

I'm pretty sure everybody not born in the US and is currently in the US came through the border. 😆

Edit: Well, a least nowadays. I guess there's exceptions when the borders moved/changed.

Edited April 3, 2020 by geowrian