Legal Question in Immigration Law in Illinois

When filing for the k visa (fiance visa)....

I am going to be filing for the K Visa so my fiance can become legal. He currently lives here in the U.S. He came illegally. When we file the I-129F, we plan to go to Mexico together so, if excepted by the INS, we can pick up his Visa to come to the U.S. legally. Well, when we get married and contact the INS, is it going to be difficult for them to accept our relationship since he did once live here in the U.S. illegally? Is there another way we can file wothout having to go to Mexico?

Asked on 1/29/01, 7:57 am

1 Answer from Attorneys

Matthew Bernstein Law Office of Chicago Kent College of Law

Re: When filing for the k visa (fiance visa)....

Your husband should not leave the United States. Depending on how long he has been in the United States, he could be barred for 10 years from re-entering the United States. Under a recent change in the law, if you get married, and file your case before April 30, 2001, you may be eligible to apply for adjustment of status in the United States. Please consult a qualified immigration attorney as soon as possible, as I cannot give binding legal advice without knowing all of the facts and circumstances surounding your case.

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Answered on 3/12/01, 11:13 am

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