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.
If you want to read more about waivers:
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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Web: www.shusterman.com (English)
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.
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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