What would disqualify you for a k-1 visa?

Im curious for my friend's sake since she want to marry a guy that came to the country illegally from mexico. As far as I know, he only is engage with her and its only been for 5 months. What is the possibility of having him come back to america under a k1 visa

Answer:
If he was in the US illegally and then returned to Mexico, then his chances of getting a K-1 visa are not very good.

The K-1 will most likely be denied at the Embassy because of the illegal stay in the US and a ban imposed depending on how long he was in the US illegally.

However, your friend can file a waiver claiming extreme hardship if her fiance does not receive the K-1. Hardship waivers for K-1 visa's are rarely granted because there is no marriage yet to further cement the bond between the couple. An extremely experienced immigration lawyer may be able to get the waiver approved.
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