K1 or K3

[tkl003 0]

hi,

I met my fiance in Germany 8 years ago. We had our daughter in Germany and applied to be married there. But with all the red tape, it was very difficult, so with some annoyance i moved to ireland, where i have lived now for 8 years. My partner moved back to the states and suffered kidney failure. He has been on dialysis ever since. I have tried on several occasions to visit him but i have been denied a visa to the states. Although, i hold a Nigerian passport, I was born in Germany and have residency in Ireland. Once the consulate officials view my application, they notice that my daughter's father is American, it shows i might not return back to Ireland.

Now, we have decided to get married in Gibraltar, since there is a 24 hour residency requirement before we can get married and then proceed to apply for a normal visa so that i can donate a kidney to my partner because he can't stay away from dialysis for more than 5 days cos he has to go 3 times a week.

I do not know if there is a waiver because of this problem we have, or if anyone out there can help advice us on what to do, My partner has not seen his daughter for 8 years, he can't travel but we are hoping he will be allowed to come over for 5 days but it is dicy.

[villaspurs 65]

hi,

I met my fiance in Germany 8 years ago. We had our daughter in Germany and applied to be married there. But with all the red tape, it was very difficult, so with some annoyance i moved to ireland, where i have lived now for 8 years. My partner moved back to the states and suffered kidney failure. He has been on dialysis ever since. I have tried on several occasions to visit him but i have been denied a visa to the states. Although, i hold a Nigerian passport, I was born in Germany and have residency in Ireland. Once the consulate officials view my application, they notice that my daughter's father is American, it shows i might not return back to Ireland.

Now, we have decided to get married in Gibraltar, since there is a 24 hour residency requirement before we can get married and then proceed to apply for a normal visa so that i can donate a kidney to my partner because he can't stay away from dialysis for more than 5 days cos he has to go 3 times a week.

I do not know if there is a waiver because of this problem we have, or if anyone out there can help advice us on what to do, My partner has not seen his daughter for 8 years, he can't travel but we are hoping he will be allowed to come over for 5 days but it is dicy.

I'm so sorry to hear about your partner's health problems--that's really tough!

One really important consideration: have you two been face-to-face with each other within the past two years? This seems to be the one absolute condition that must be met. If you have, then you have options; if not, getting married in Gibraltar and applying for a K3 might be your best option.

If you were born in Germany, can you get a German passport? That would make all of this much easier I would guess...

Edited October 16, 2008 by villaspurs

[tkl003 0]

hi,

Thanks for the reply. No we have seen face to face because of his health problems. I can't get a German passport, because under German Law, one parent has to be German before you can become a citizen. I have also lived 8 years in Ireland, so i can't get German citizenship based on where i have resided in the last eight years. I am due for the Irish passport but not for another 30 months due to backlogs.So if he can travel to Gibraltar for 3 days and go back for his dialysis, then maybe there is a chance.

[villaspurs 65]

hi,

Thanks for the reply. No we have seen face to face because of his health problems. I can't get a German passport, because under German Law, one parent has to be German before you can become a citizen. I have also lived 8 years in Ireland, so i can't get German citizenship based on where i have resided in the last eight years. I am due for the Irish passport but not for another 30 months due to backlogs.So if he can travel to Gibraltar for 3 days and go back for his dialysis, then maybe there is a chance.

There are certainly others on here who know WAY more about this than me, but my two cents...

As it stands, you won't qualify for a K1 visa--you have to have met in the past two years for that to work. With that in mind, getting married and filing for a K3 might be the best idea. You could also just meet in Gibraltar and be face-to-face, thus qualifying you for a fiance visa--that's up to you. The guides on here can help you understand the difference between the two.

Good luck!!!

[trinket 30]

One thing you need to consider is that, if you get married in Gibraltar and go for k-3 visa, your interview will be held in that country or may be Spain, not sure about that(whichever Consulate's jurisdiction Gibraltar comes under). But basically with k-3 visa, interview is held within the respective country where marriage took place.

So your other option is i-130, that is CR-1 visa, where there is no such rules and you can give your interview in Ireland.

Best of luck to whichever path you choose

[tkl003 0]

hi,

Thanks, will look into that as well. Do i need a lawyer to file for this.