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What step do I need to take in my fiance's immigration case? Should we marry in his country or petition as fiance and file I601?

Houston, TX |

Many years ago, his maternal aunt petitioned for her sister (my fiance's mother) to get her papers in the US. My fiance fell under that petition. However, he was brought to the US illegally as a minor before acquiring a visa. When the visa interview became available 2 months ago, he (now 21 y/o) and mother traveled to native country to attend (under bad guidance). Clearly, they were denied but apparently given possibility of waiver I-601. He has no criminal record; only unlawful presence. Since then, they have received a lot of dubious advice. If they made it to the interview, does that mean that he did not age out for visa eligibility? Can I marry him and file i601 as the QR and if the waiver gets approved he'll obtain the visa through his aunt? Or do I start whole new petition for him?

I am a USC.

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Attorney answers 3

Posted

You need to have an attorney review the case fully. The I-601 process is quite complicated.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

Posted

They should quit receiving dubious advice and consult with an immigration attorney. You can facilitate that on their behalf since you are here. To become eligible to file for I-601 waiver, one needs to convince USCIS that denying immigration to him or her would result in extreme hardship to either spouse or parent of the individual seeking the waiver. As you can see, a sister or fiancee is not included in the list of individuals for whom hardship needs to be proven to exist in order for the waiver to be issued.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Posted

He needs to speak to an immigration attorney asap. There are very good attorneys on this forum and offer consultations on Skype as well. Good luck

This advice does not create an attorney client relationship. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. A lawyer-client relationship will not be deemed to exist until such time as a written retainer agreement has been executed by an authorized representative of this firm, or until the firm otherwise agrees to and actually begins rendering services on a clients' behalf.