QUESTION
Will my fiance be denied a Fiance Visa?
Asked on Jun 03rd, 2011 on Immigration - North Carolina
More details to this question:
Hello. My boyfriend came to the US on a Tourist visa. He would always come back to Mexico. One time that he traveled he got in a fight with his parents so they didn't send him more money so he worked for a week to buy is plane ticket to go back to the Mexico. This happened 5 years ago. Now I'm his girlfriend I'm trying to apply for a K1 fiancé visa. Is there a chance that he would be denied of the visa because of what happened 5 years ago? Thank you so much
6 ANSWERS
Criminal Defense Attorney serving New York, NY
at
Law Offices of Nicklaus Misiti, PLLC
Update Your Profile
Was he arrested? Did he overstay his visa? For how long?
Answered on Jul 12th, 2013 at 12:50 AM
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
Update Your Profile
Yes, he could be denied the visa as he has both, a visa overstay and unauthorized employment. He would need to apply for the waiver for a nonimmigrant visa or if you were married, he would have a qualifying USC relative and could show the hardship to you if he were to be denied the waiver and visa. Consult with an experienced immigration attorney for details.
Answered on Jun 08th, 2011 at 2:31 PM
He will not be denied for a K-1 for this reason.
Answered on Jun 07th, 2011 at 3:13 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Does he still have a tourist visa or was this taken away from him? From the little amount of information I would not expect a waiver to be required but would want more details before giving an opinion. We would be happy to assess his case, advise more specifics on the procedures, timing and fees if you want to set up a consultation (in person or by phone) with me as indicated below. We do charge for consultation but the consultation fee is then credited 100% toward the fees for your case.
Answered on Jun 07th, 2011 at 10:11 AM
2 Awards
His eligibility is based on many factors, including your immigration status, his immigration status, and the proofs of your relationship. If succeeding in bringing him to the U.S. is important, you need to hire a lawyer. The process is complicated enough when there is no negative history; in your case there could be difficulties and they should be dealt with up front and early. Call me for a consultation.
Answered on Jun 06th, 2011 at 9:56 AM
Immigration Court and Deportation Attorney serving Charlotte, NC
Partner at
Johnson & Nicholson, PLLC
2 Awards
I do not know if your boyfriend overstayed the length of time listed on the tourist visa. If he overstayed and depending upon the length of time he overstayed, there could be problems with obtaining a K-1 visa. Again, I need to know more information. Additionally, there are solutions to get around obtaining a K-1 visa. Please feel free to contact our office.
Answered on Jun 06th, 2011 at 9:51 AM