My fiance's father is an illegal immigrant, is this going to be a problem?

My fiance is from colombia, we met while I was in barranquilla for 6 months. Now we want to get married in the USA, and were going to apply for a k-1 visa. She is 22, and I am 29. However she is worried she will be denied a visa because her father is an illegal immigrant who originally came as a temporary worker and then never left after his contract expired. Her mother claims she knows other colombian girls who were denied visas because of members of their family were living here illegally. Her father has been here almost 3 years, at least 2 illegally. But he rarely talks to her, and he does not support her. Also he has not been involved in any illegal activity that we know of, other than being an illegal alien. Will this be an issue for her to get a K-1 Visa?
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Answers (3)

Sarah M. Cross

Sarah M. Cross

Contributor Level 6
With a properly prepared visa petition her father's legal status in the US should not impact the k-1 petition. If he was the driving force behind your meeting and engagement, that could be seen in an unfavorable light, but otherwise, should not have an impact. Her mother may not be privy to ALL of the facts in those other cases. Often, when a person is denied immigration benefits, no explanation is given to the petitioner, so the women may not even know the actual reason for the denial (if in fact it is true). Overall, it is important to have a thoroughly and properly prepared petition and excellent preparation of the consular packet and consular interview. My Colombian clients have not had any negative experiences with the staff at the Consulate there.

Sarah M. Cross
The Law Office of Sarah M. Cross
6984 Challis Rd
Brighton, MI 48116
800-681-2311 or 810-225-0953
www.lovevisas.com email sarahmaycross@aol.com
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Juan Paolo Pasia Sarmiento

Juan Paolo Pasia Sarmiento

Contributor Level 6
Should not be an issue unless she was involved in her father being illegal, which I assume is not the case.

JP Sarmiento
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Maria Fuster Glinsmann

Maria Fuster Glinsmann

Contributor Level 6
It is unlikely that your future father in law's status will affect his daughter's ability to get the K-1 visa. The K-1 visa is a visa that specifically permits "immigrant intent". In any other visa category i.e. B-2 or F-1, the father in law's status would be a problem since these other visas require nonimmigrant intent and that would be harder to prove with the father here.

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