Brownfield, TX Immigration Law Firms & Lawyers

A K-1 visa is unlikely to be issued, a K-3 with a waiver is the better option. The approval of the waiver will depend on a hardship to a US citizen relative, you. As a fiance, you are not related and therefore there is no hardship to a qualifying relative.

Your boyfriend cannot apply for a residency on the basis of his relationship with you unless all of the following conditions are satisfied: a) you are a U.S. citizen; b) he and you marry; c) you file an immigrant petition for him, and an affidavit of support showing that your income is no less than the federal poverty guideline (for this year - $15130 for a family of 2, $19090 for a family of 3, $23050 - for 4, etc.); if you do not have enough income, you will need someone else, who does earn enough, to file a second affidavit of support as a co-sponsor; *and* d) your boyfriend entered the United States legally, or he is in the U.S. since before December 20, 2000, and a relative or an employer filed an immigrant petition for him on or before April 30, 2001 (or, if he was a child then, the petition could have been filed for his parent). If you are not a U.S. citizen but have a green card, the requirements are even more difficult. In any case, I recommend consulting an immigration attorney: rules are complicated, and attempts to prepare the papers on your own are likely to result in denial of the application (in which case your intended husband would face a very real prospect of deportation).