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chris4336

Algerian living in Spain

By chris4336 in Middle East and North Africa

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chris4336 Enthusiast

chris4336   3

Posted
Filed: K-1 Visa Country: Spain
 Timeline
Posted

New to this forum and would appreciate any help people can give me.

I met my finacee in Spain in Feb and we spent 4 amazing months together. I am back in the States starting the visa process. He is from Algeria but living in Spain illegally (2 years on a 15 day visa). He has no residency, and when I called the US government, they told me that he would need to have legal status in Spain in order to process the K1. He tells me he cannot go back to Algeria because they will not let him leave for 5 years, because he went over the time allowed on his visa to Spain.

Are there any other options for us????

Thanks,

Christina

03/09/07 - POE at JFK - Temp EAD given

03/13/07 - Married

AOS

04/20/07 - Package arrived in Chicago

04/26/07 - NOA1 for AOS and AP

05/08/07 - AP touched

05/22/07 - Biometrics

05/23/07 - RFE email notification for 485

05/29/07 - RFE received by mail - Request for medical exam

06/01/07 - Contacted congressman regarding RFE

06/08/07 - Case resumed processing

10/01/07 - Email Notice of Transfer to CSC

10/04/07 - Pending at CSC

11/09/07 - Green Card Approved

~*Dorothy*~ Proficient

~*Dorothy*~   2

Posted
Filed: Citizen (apr) Country: Morocco
 Timeline
Posted

Welcome to VJ! It is good to have a new member and you will find this place to be amazing...most of the time...This little regional corner is especially helpful...As to your question...It is a difficult situation and I think that professional help might be needed but I might as well be off on that one, I's sorry... but I am sure that you will get some good suggestions...There are few ladies that are dealing with Algeria and I am positive that they may have more information as to your options...Good luck with all and once again welcome...

Dorothy

______________________________________________________________

Citizenship (N-400)

09/15/2009 - Application mailed to Texas Lockbox

09/17/2009 - Delivered to the Lockbox

09/21/2009 - Check cashed

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09/26/2009 - RFE mailed out dated 9/25 (biometrics notice)

10/14/2009 - Biometrics completed

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02/08/2010 - interview (Garden City, NY) -- PASSED

03/03/2010 - Oath Ceremony in Brooklyn

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DONE!!!

UmmSqueakster Experienced

UmmSqueakster   54

Posted
Filed: Citizen (apr) Country: Egypt
 Timeline
Posted

Unfortunatly, this isn't a situation we have a lot of experience with on this board. I'd echo Dorothy and advise getting a consulation with a lawyer. Many offer free initial consultations, so go to a few and find one who's competent.

One the many important requirements for obtaining a marriage/fiance visa is that the beneficiary (the fiance) is on the up and ups with the law in the places he's lived. Past crimes/shady behavior can be a major hurdle in the immigration process.

Good luck!

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02/23/08 - Filed for removal of conditions.

Sometime in 2008 - Received 10 year GC. Almost done with USCIS for life inshaAllah! Huzzah!

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06/15/09 - Citizenship interview

07/15/09 - Citizenship ceremony. Alhamdulilah, the US now has another american muslim!

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Meriem_DZ Proficient

Meriem_DZ   37

Posted
Filed: Citizen (apr) Country: Algeria
 Timeline
Posted

Hi, I am Meriem. Welcome to Visa journey. I dont know what to tell you. Like the other girls said, you may need the assistance of an attorney. There was another girl on visa journey a couple of weeks ago. Her fiance is from Algeria with they have the same problem as you, but he is in France. No one knew what to tell her. Her username if Farm2008. You can go to the member list and maybe send her a private message if you would like. Good luck. Keep us posted.

Meriem (F)

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MHandMB Proficient

MHandMB   0

Posted
Filed: K-1 Visa Country: Algeria
 Timeline
Posted

I sent you a PM, but just for everyone's benefit:

I spoke with an immigration attorney who told me than an overstay in another country should have no effect on a marriage or fiance visa to the U.S., as the U.S. isn't concerned with enforcing the immigration policies of other countries. If it were a short-term visa, the overstay would be a big red flag and it would likely be denied since the person would be considered a greater risk for an overstay in the U.S., but since this is a visa in which the intent to immigrate is understood, the overstay in another country would not be a big deal.

However, be sure to be up front about the overstay because they will find out about it. In addition, I don't know what Europe's policy is, but I think if he could show ties to the U.S. and intent to return, he might be able to get a tourist visa after he has settled in the U.S. I'm sure he'd have to wait out the visa process in Algeria, though.

Would it be detrimental if he couldn't go back to Europe in 5 years? I would consult an attorney if that's the case to see what options are available to you.

Good luck!

4/15/06- Visa in hand!!!

4/21/06 Arrival in U.S.

5/11/06 Legal Marriage

11/4/06 Wedding

_____________________________

AOS

6/12/06 AOS, EAD, and AP papers sent off

6/26/06 NOA1 Date

7/17/06 Biometrics done

8/04/06 Case transferred to CSC

8/8/06 Case received at CSC

9/21/06 Greencard received!!!!

______________________________

8/31/09 Naturalization- Done with USCIS

chris4336 Enthusiast

chris4336   3

Posted
Filed: K-1 Visa Country: Spain
 Timeline
  • Author
Posted

Thank you all for the advice. We have been working on this for about a month now, and this is the first time I have stumbled across any kind of community to help.

I have spoken with a lawyer, but he was not familiar with the laws in Algeria. I guess right now our main concern is that when he goes back to Algeria, will the Algerian government let him leave (or will be be punished 5 years because of the overstay?). We are planning to get in touch with some officials or lawyers in his country this week.

If anyone is familiar with Algerian law please let me know!

Thanks again for the help, you have no idea how much better I feel!

Christina

03/09/07 - POE at JFK - Temp EAD given

03/13/07 - Married

AOS

04/20/07 - Package arrived in Chicago

04/26/07 - NOA1 for AOS and AP

05/08/07 - AP touched

05/22/07 - Biometrics

05/23/07 - RFE email notification for 485

05/29/07 - RFE received by mail - Request for medical exam

06/01/07 - Contacted congressman regarding RFE

06/08/07 - Case resumed processing

10/01/07 - Email Notice of Transfer to CSC

10/04/07 - Pending at CSC

11/09/07 - Green Card Approved

sara535 Experienced

sara535   15

Posted
Filed: Other Country: Morocco
 Timeline
Posted (edited)

the other thing that may be a problem (and I am not sure, just thinking...) but for the K1 paperwork he will need a police certificate from every country he has lived in and I dont know if he would have trouble getting that in spain while living there illegally.

best of luck gettin it resolved.

Edited by sara535

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