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Fiance Visa - K1/ K2/ K3/ K4

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Wanting to file K1
Hi! I am a US citizen who wishes to submit a K1 petition for my fiance' from Trinidad. We have done the research, filled out the forms, and have everything ready to send off... however... this is where we are scared... my fiance' came over from Trinidad in 2001 as a student. He completed his 4 year degree and secured a job with an employer who was very proactive in petitioning for him to obtain a more permanent status. Unfortunately, he did not have the luck of the draw and his legal status ran out. He is still here in the U.S. however, but we are scared that, if I file this fiance' petition for him, they will deny our request because of his illegal status and send him back. Does this typically happen? I have not seen many cases like this on here. What should we do? Would the immigration people retaliate because he's still here? Should we get married first and file K3? Please help!
Thanks!
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