Stuck in a loop hole

[sunbox 0]

I have a slightly complicated situation. My fiance was in the states with a student visa. While he was a student he filed for an asylum. After he did the interview he request was rejected. He did not know that after the rejection the next step was to appeal in court therefore the case had not closed. He continued with his life and after some time he left the US to visit family. During his visit his student visa expired and he went to the embassy to renew it. His request was rejected because he had a pending immigration visa request still open(asylum case). He tried few more times. After this happened I left the US to be with him and started residing outside the US. It has been about two years since this took place. We just got engaged a couple months ago.

We want to move back to the US and start our lives together. We have been trying to figure out the best course of action to take. I am US citizen. I want to do a fiance visa but one thing I am worried about is my financial support. I have been volunteering at non profit so I do not make money but we have immediate family members in the US that can help.

What is your advise? Is there a way to close this open case from abroad?

[Harsh_77 718]

Your case is going to be difficult, he entered US first time on student visa – then he applied for asylum (which was rejected) means he never needed the asylum and even before that he had entered as a student.

Mean he was just trying to live in US by hook or crook, then he getting engaged to you and filing as a married to USC, your petition is going to go thru some serious scrutiny.

On top of it if finance is another problem you are multiplying issues here.

You did not mention what country you are from, that can also add additional complications.

[sunbox 0]

Your case is going to be difficult, he entered US first time on student visa – then he applied for asylum (which was rejected) means he never needed the asylum and even before that he had entered as a student.

Mean he was just trying to live in US by hook or crook, then he getting engaged to you and filing as a married to USC, your petition is going to go thru some serious scrutiny.

On top of it if finance is another problem you are multiplying issues here.

You did not mention what country you are from, that can also add additional complications.

Yeah we understand it is going to be difficult but we feel that we can prove our relationship is real. Is it better to just get married here and apply for spousal visa? We are in Kenya.

[Harpa Timsah 13,258]

In this case, it is not only about your relationship being "real." While you do need to have a real relationship in order to get a fiance/spousal visa, the immigrant also needs to not have violated US law or be inadmissible in any other way. He filed for asylum which was denied, and he did not leave the country thereafter. He probably has a ban on his head for overstay, he missed court dates, and may have been deported in absentia. The US frowns heavily on frivolous asylum applications. If he went back to his home country after asking for asylum, then it only shows that the asylum was just a ploy to stay in the US, not because he was in danger. The embassy might see his relationship with you as just another ploy to get to the US. These are the things that you will have to overcome in order to get a fiance/spousal visa for him. I would get a lawyer to wade through all of this. Best of luck.