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  1. #1
    Join Date
    Jan 2006
    Location
    Virginia
    Posts
    2

    Default Getting a K1 or K3 Visa Following Unlawful Entry and Presence

    Hola! My fiancee is currently in the U.S. without inspection (illegally). He has been here for 2 years and he works at a local factory. We have been living together for the past year. We would like to have a life together but, we want to do it the right way, without fear of deportation. We have decided the best thing for us is for him to go back to Mexico and come back with the proper visa.
    My questions are: Which visa is faster and easiest? We are not married now. Should I bring him in on a K fiancee visa (129F)? If so should we act like he was never over here illegally? Should I also go to Mexico, so I have proof that we have met before? If I have to go to Mexico, should I just marry him there and use the I-130 to get him over here.
    P.S. The only proof that he is here is the fact that he has a Taxpayer ID number from the IRS and he has filed his taxes for the past 2 years he has been in the US.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Illegal Immigration

    If the USCIS will be able to detect that he was present and working in the U.S., his departure may result in a long-term period of disqualification from reentry. Thus it would be wise to consult an immigration lawyer before he leaves the country.

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