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Filed: K-1 Visa Country: Albania
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Background info:

-My fiance has been living in Italy with an expired work visa for the past three years

-He is a citizen of Albania

-We met in Italy last summer, at which time his visa had already expired

My question is whether or not I have enough evidence to prove that HE was still in Italy at the time that we met (last summer). I have tons of evidence to prove that I was in Italy at that time (and three times since), but I want to make sure that they know HE was also there. It is a bit difficult due to his status (I can't show work records, checks, bank statements, etc)

In my I-129F (which I have not mailed yet) I have made an attachment where I admit honestly and openly that he had overstayed his work visa in Italy. I spoke to an immigration officer, and she said that they are not concerned with visas issued outside the US. She said that overstaying the visa in Italy would not affect whether or not our petition is accepted. Basically I need to prove that he didnt leave Italy when his visa expired in 2004. I need to prove that he is still in Italy.

Proof of Having Met in Person Within 2 Years (foreign fiance):

-copy of entire Albanian passport

------includes Italian work visa issued in Sept 2004, good for three months

------includes copy of exit stamp from Durres, Albania. He was not stamped when he came into Italy, I am not sure why. There is no other stamps present on his passport anywhere.

-copies of letters addressed to my fiance at his current address in Italy

-copies of 3 phone bills that show incoming calls from my fiance using his current telephone number in Italy (these date throughout the past year)

-various photos of us together

-train tickets and hotel reciept from one of our trips together (no names on them though)

I have made an attachment stating the following:

Since I have copied his entire passport, and there is only one stamp on there (an exit stamp from Albania), then this proves that he is still in Italy, and never left. The fact that the letters show an Italian address and the phone bills show an Italian phone number also prove that he is, in fact, still in Italy (Not to mention the fact that Packet 3 will be sent there)

Do you think they will go for this? Or do I have to think of some other ideas? If you dont think they will believe me, what other evidence could I submit, keeping in mind that my fiance is not legally residing in Italy (he doesnt have housing records, phone records, etc in his name)

I would appreciate any input that you may have concerning my situation, thanks to you all and best wishes!

I have the same exact issues, except my situation occured in the UK. My fiance has overstayed his visa in the UK and it has totally discouraged me from applying for the K-1 because of the perceived complications. Is the only option for us to be together Albania? I hope not.

 
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