Will my fiance be denied a Fiance Visa? 7 Answers as of July 12, 2013

Hello. My boyfriend came to the US on a Tourist visa. He would always come back to Mexico. One time that he traveled he got in a fight with his parents so they didn't send him more money so he worked for a week to buy is plane ticket to go back to the Mexico. This happened 5 years ago. Now I'm his girlfriend I'm trying to apply for a K1 fiancé visa. Is there a chance that he would be denied of the visa because of what happened 5 years ago? Thank you so much

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Fong & Associates
Fong & Associates | William D. Fong
Yes, he could be denied the visa as he has both, a visa overstay and unauthorized employment. He would need to apply for the waiver for a nonimmigrant visa or if you were married, he would have a qualifying USC relative and could show the hardship to you if he were to be denied the waiver and visa. Consult with an experienced immigration attorney for details.
Answer Applies to: Texas
Replied: 6/8/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
What were the consequences for what happened 5 years ago? Was he put in jail? Was he arrested? What did he work as? What documents did he present in order to be able to work? Is he still in the US? There are many questions to answer unfortunately they were neither asked nor explained. I am going to go on a limb and say this: if he is here on a visa, expired or otherwise, then one of the things you want to do is pull his criminal record and see what is there. Next you find a good attorney and then you file for his adjustment of status. I dont see any issue with this scenario unless there is much more stuff that you did not put in your question. Good luck!
Answer Applies to: California
Replied: 6/8/2011
Kuck Immigration Partners LLC
Kuck Immigration Partners LLC | Charles Kuck
He will not be denied for a K-1 for this reason.
Answer Applies to: Georgia
Replied: 6/7/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Does he still have a tourist visa or was this taken away from him? From the little amount of information I would not expect a waiver to be required but would want more details before giving an opinion. We would be happy to assess his case, advise more specifics on the procedures, timing and fees if you want to set up a consultation (in person or by phone) with me as indicated below. We do charge for consultation but the consultation fee is then credited 100% toward the fees for your case.
Answer Applies to: California
Replied: 6/7/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
Was he arrested? Did he overstay his visa? For how long?
Answer Applies to: New York
Replied: 7/12/2013
    Johnson & Nicholson, PLLC
    Johnson & Nicholson, PLLC | Carnell Johnson
    I do not know if your boyfriend overstayed the length of time listed on the tourist visa. If he overstayed and depending upon the length of time he overstayed, there could be problems with obtaining a K-1 visa. Again, I need to know more information. Additionally, there are solutions to get around obtaining a K-1 visa. Please feel free to contact our office.
    Answer Applies to: North Carolina
    Replied: 6/6/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    His eligibility is based on many factors, including your immigration status, his immigration status, and the proofs of your relationship. If succeeding in bringing him to the U.S. is important, you need to hire a lawyer. The process is complicated enough when there is no negative history; in your case there could be difficulties and they should be dealt with up front and early. Call me for a consultation.
    Answer Applies to: New Jersey
    Replied: 6/6/2011
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