Can my fiance file a K-1 Visa for me to enter the US? 4 Answers as of February 21, 2011

I wanted to know if i didnt have any status in the USA but I was adopted when I was 16 years old and received a Texas certificate of birth in the mail and a ITIN number and I later returned to my birth country when I was 26 can my fiance file a K-1 Visa or am i barred from entering the USA.

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
You must be married.
Answer Applies to: Tennessee
Replied: 2/21/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
May I recommend that you consult someone in person? There are a lot of facts there which don't quite make sense to me. If you were adopted legitimately by a USC, then you should see if you are a USC as well or have any claim.
Answer Applies to: California
Replied: 2/18/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You may be able to claim your citizenship. You are welcome to contact us with other details to be sure. We can also help you to obtain citizenship too. Good luck.
Answer Applies to: Florida
Replied: 2/17/2011
Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
You have stated a confusing set of facts. If you were born in Texas, you are an American citizen. You can use form N-600 to establish your right to American citizenship.

If you are an American citizen by birth, you would be compromising your rights to have your fiance file a K-1 visa. K-1 fiancees must marry within 90 days of entry into the USA, or leave. If they marry, the American spouse must then petition for a change of the spouse's status to permanent residence.

If you establish that you have been an American citizen from birth, you need not rely on the K-1 status.
Answer Applies to: Washington
Replied: 2/17/2011
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