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Bringing my foreign fiancee to US

Moreno Valley, CA |

My fiancee came in and lived in the US illegally for several years before returning to his home country (no deportation or any problems with the law, but one of his kids was born here). We are now trying to figure out a fast, safe way to bring him here to be married and get him legalized without getting denied for anything. Can we apply for a K-1 visa with the I-601 waiver, or would it be faster and more efficient to marry outside the country and then apply as a spouse with the waiver? I'd much rather get married here, but we want to do it the best way possible.

Attorney Answers 4


Waivers are too complex for Avvo. If you truly wish to marry this man, retain an immigration attorney to advise you.

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If you want to read more about waivers:

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Subscribe to our Free Immigration Newsletter
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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There are no waivers for the K-1 category. You will need to marry him overseas, then file an I-130 petition, followed by a K-3 petition on Form I-129 F. You will the be able to file an inadmissibility waiver in conjunction.

You absolutely need an experienced immigration lawyer to guide you through this rocky process. Alone you will get nowhere.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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I agree with my colleagues. Your fiancé's accrual of unlawful presence makes this case very complicated. Waivers are discretionary and depend on a variety of factors. In order to assure your fiancé is eligible for a waiver you should contact an immigration attorney before filing out any forms and submitting them to USCIS.

Otis C. Landerholm, Esq.

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