Immigration Issues/K1 Visa engaged to a mexican man
QUESTION: Mr. Hollander, firstly thank you for taking the time to answer my questions and address my concerns. My fiance has just left the US after being here illegaly for many years. He first arrived in the US in 1998 and was deported after being here for 5 months. 2 months after being deported he returned illegaly by crossing the border (no inspection). He so desperately wanted to work but his illegal status made it very difficult to find a job, so he purchased legal documents (birth certificate, ss#,etc) from someone his age and began working as someone else. I know this is fraud, I don't agree with it, but I understand why some people do it. At any rate, he has been fingerprinted with his false identity 3 or 4 times. 1st was for driving w/o a D.L., 2nd for a fight he got into, 3rd for vandalizing private property while inebriated, and 4th for a DUI. He always hired a lawyer to help him, although I'm sure that doesn't prevent his fingerprints from being available.
I would like to know if I would be able to apply for a K1 visa for him. I don't know if the USCIS would deny his visa if they find a fingerprint match especially since he was violating the law by using false identity. Before he left the US he hired a lawyer to expunge his criminal history record (existent w/ his false identity). We so bad want to get married.
Sorry for this long question. I hope you can assist me.
ANSWER: Before he has any chance of returning, he will need to be approved for 2 waivers. One for the fact he was deported and one for the fact that he spent more than a year here illegally and then left the country and is therefore subject to a 10 year bar.
TAo get the ball rolling file an I-130 for him. When it is approved it willbe sent to the NVC and then to the Embassy in Mexico. He can then beinterviewed and given the forms to file for he waivers. Once the 2 waivers are approved he can get the visa. If they do not approve the waivers he will not be coming back for at least 10 years.
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QUESTION: Thank you for your prompt response. I appreciate your time and most importantly your answer. Do I need to hire an attorney for this? I received a few FREE consultations over the telephone and attorneys 2 attorneys told me it would be unethical if they took the case. I'm guessing due to false identity. One immigration expert stated not to disclose information that my fiance came back after being deported in 1998 since there is no record of him in this country with his true identity. I totally disagree with that because his fingerprints were taken with the false identity. I shared this suggestion with another immigration law attorney and agreed that it would not be in my best interest to withold information in case there was a match in my fiance's fingerprints.
If I understand correctly the I-130 is the same as the K1 visa right? Again, should I hire an attorney for this?
K1 is for fiancee - K3 and I-130 are for people already married. I do not think it is unethical for me to represent him. I just do not think they will approve the case anytime soon. As long as you understand the low probability of success, there is nothing unethical about the representation.