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in love but out of status - K-1 & S Visa?

in love but out of status - K-1 & S Visa?

Old Oct 31st 2002, 9:45 am
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Default in love but out of status - K-1 & S Visa?

I'm a US citizen engaged to a Czech national who came over and is almost a year out of status. If we married here in the US, would it help us at all? Is there anyway to get back to status once out of status?
Also, when he first moved here, he got a job with a Czech company that basically knew he couldn't survive here and withheld wages from him knowing that he couldn't work legally and couldn't do anything about it - wouldn't even have enough money to return home - If he could provide information about this organization that promises 100s of Czechs work in the US and then coerces them to work without pay, could he possibly get an S visa? Can I apply for a K-1 with him out-of-status?
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Old Oct 31st 2002, 4:33 pm
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From what I've read, if he leaves the country now after being out of status for a year, he will be banned from entering for upto 3 years or more. I think your best bet will be to marry and adjust status then (i-130/i-485 route), he'll probably be allowed to that way.
As for bribing the INS with info on the company, I doubt they will hand out visas as rewards, but it could be nice revenge for your man if you give them the company details anyway.
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Old Oct 31st 2002, 7:12 pm
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Default Re: in love but out of status - K-1 & S Visa?

Originally posted by Gristle
I'm a US citizen engaged to a Czech national who came over and is almost a year out of status. If we married here in the US, would it help us at all? Is there anyway to get back to status once out of status?
Also, when he first moved here, he got a job with a Czech company that basically knew he couldn't survive here and withheld wages from him knowing that he couldn't work legally and couldn't do anything about it - wouldn't even have enough money to return home - If he could provide information about this organization that promises 100s of Czechs work in the US and then coerces them to work without pay, could he possibly get an S visa? Can I apply for a K-1 with him out-of-status?
Hi:

If he entered "with inspection" in the first place and has not departed since, then marriage here will allow you to file an I-130 combined with his I-485 adjustment application.

"S" visas are hard to get.
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