The fiancé visa or k1 visa process is for the person who lives outside the U.S. and plans to get married a U.S. citizen. The case processing is not straightforward and it consumes lots of time as processing widely varies depending on where the person in the U.S. resides and where the foreigner resides abroad.
The processing is also delayed if the filing is not done properly so you have to monitor the case as it proceeds through the system. Expediting the process is not possible by any additional government fee. There must be a unique emergency cause and not a common problem for expediting your file. The inappropriate request can further delay, thereby slowing your case. Be careful to pursue the expedite for good cause. The four agencies, which are responsible for clearing the K1 Visa process they are:
- USCIS (US citizenship and immigration services)
- NVC (National Visa center)
- Security Checks
- Consulate
Can a U.S. citizen marry an illegal immigrant?
A documented marriage between illegal immigrant and a U.S. citizen is not possible. However, there is no law preventing an undocumented immigrant from marrying a U.S. citizen. Despite the fact that your marriage may be valid but issues comes up when your illegal immigrant seeks to become a legal resident. There can possibly be three scenarios to analyze
- Scenario 1 –Marrying an illegal immigrant
The government will not approve the adjustment status if your spouse came to the U.S. illegally. There is a presumption that anyone marrying so is doing for a green card. Gaining citizenship through this route is often futile. Even if the immigrant wants to re-entry, the consular will penalize for illegal entry and in extreme cases lifetime ban.
- Scenario 2 –If your spouse is here illegally
If your spouse is presently remaining the country illegally, then you should not consider a long-term commitment. The matter should be taken to federal immigration officials and with the counsel of someone who understands the process.
- Scenario 3 –Your spouse was here but overstayed
What if, your spouse was here on a student visa and overstayed. Though marrying an illegal immigrant is not advisable but for this situation, there are several categories of immigration eligibility such as humanitarian, family or employment.
The biggest hurdle marrying an illegal immigrant is that lot of issues crops up when there are no legal documents. Do not try to resolve the situation on your own. You should absolutely consult with an immigration attorney who can evaluate your situation and assess your prospects for getting a waiver. Whatever you do but never walk down to the USCIS premise for the advice you will be immediately deported.