Bringing my foreign fiancee to US

Asked about 2 years ago - 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)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    16

    Lawyers agree

    1

    Answered . 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: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  3. Wendy Renee Whitt

    Contributor Level 15

    6

    Lawyers agree

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

  4. Otis Carl Landerholm

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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.
    www.landerholmlawoffice.com

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