Dual citizens that applied for K1 in their 2nd country - advice needed!

[SenA 10]

Hi everyone! Just putting out some feelers for a (sort-of) complicated question about my fiance's upcoming K1 interview. So sorry in advance for the novel below, but I just wanted to give all relevant info!

My fiance is a naturalized Dutch citizen, and has lived in the Netherlands since he was 12 years old. He was born in Iran and his family moved and adjusted their status on the basis of his father's employment. They were not asylum seekers. He has maintained dual Dutch/Iranian citizenship since he was a teenager. We didn't think much of his Iranian citizenship going through this process, except that a bit more scrunity might fall on him, his background check might take a little longer, etc... We have a very solid body of evidence and no red flags. I lived with him for a year in Holland, we're the same age, etc., so we have been confident in our case. Everything has gone smoothly so far and his interview is already scheduled at the Amsterdam consulate.

My concern: in his packet 3, they requested some documents from Iran on the basis of him being a citizen there (certificate of bachelorhood, police records, military records). He contacted the consulate to be sure that he needed the police records, as he hasn't lived in Iran since he was 12, and the age is supposed to be 16. He was told that in his case, he doesn't need them. He requested them just to be sure. He has procured the bachelor certificate and military service release card. Again, this didn't give us much pause, as we figured it's standard issue for dual citizens, and the fact that Iran doesn't have diplomatic relations with the U.S. probably made it difficult for them to get this information themselves during his background check.

But then today, we got his packet 4 and at the top of the letter with his interview date, it lists his "preference" as "K1-Iran." He very clearly listed his nationality as Dutch/Iranian, or Dutch, on all appropriate forms, and sent in a copy of his Netherlands passport with his packet 3... All of a sudden I freaked out that he will be considered an Iranian citizen and not a Dutch citizen for his interview. "Will he get automatic AP? Will they scrutinize our relationship more? Will they consider him a fraud risk?"... All these questions that I hadn't been fretting over due to the numerous very chill reviews of the Amsterdam consluate interview process. Of course, we're prepared for all that... we're prepared for anything! I just wanted to know if anyone else on here has ever been in this (or a similar) situation, and has any insight into how dual ciitzens are generally regarded at visa interviews, particuarly people who were born in a country that doesn't have great relations with the U.S. So... sorry again for how lengthy this is. I feel like we're in the home stretch and perhaps this is unnecessary panic! I really appreciate anyone who's read this far and any responses or insights! Thanks in advance!

[belinda63 3,038]

His Iranian heritage will certainly play a part. I kind of assume he has or had a Muslim name. They will run background checks on him using that name which if it is a common name will probably take some time. Police certificates are not required for Iranians. I can only assume that since he is Iranian also they wanted proof he didn't have a wife back home while trying to marry you also since in Iran this would be perfectly legal.

The name is the only thing I would think to give you problems.

[SenA 10]

His Iranian heritage will certainly play a part. I kind of assume he has or had a Muslim name. They will run background checks on him using that name which if it is a common name will probably take some time. Police certificates are not required for Iranians. I can only assume that since he is Iranian also they wanted proof he didn't have a wife back home while trying to marry you also since in Iran this would be perfectly legal.

The name is the only thing I would think to give you problems.

Thanks for your response! I am of course aware that his Iranian heritage will play a part... His background check should already be complete, as our petition was approved in June. He's now at the interview stage. According to the packet 3 he received (and the information he got from the consulate), police certificates are definitely required for Iranians for anyone who lived in Iran past the age of 16. As I mentioned before, he has lived in the Netherlands since he was a child, so that's not our issue. The question is about him being regarded as a Dutch citizen, which he *is*, for purposes of his visa interview. He has obtained the needed proof that he's never been married in Iran.

Like I said, I was hoping to see if anyone has had experience applying for the K1 as a dual citizen, since the fact that he's a naturalized Dutch citizen should certainly factor in to all this... Thanks again for your insight!

Oh, and an additional piece of info: he does not have a common name. His name is old Persian, not Arabic... So, not technically "Muslim," although certainly Middle Eastern sounding.

[SenA 10]

His Iranian heritage will certainly play a part. I kind of assume he has or had a Muslim name. They will run background checks on him using that name which if it is a common name will probably take some time. Police certificates are not required for Iranians. I can only assume that since he is Iranian also they wanted proof he didn't have a wife back home while trying to marry you also since in Iran this would be perfectly legal.

The name is the only thing I would think to give you problems.

Sorry, I just read your post again and I think maybe I misinterpreted it the first time. When you say "background checks," do you mean AP after his interview? I assumed you meant the standard I-129F background checks. Are you suggesting that he will be put into automatic AP simply because he has a "Muslim" name?

[belinda63 3,038]

Not automatic but they will have to run his name (probably) and if it is common it could delay things. A name such as mohammid or ali or reza or any other common name delays things because there are so many of them.

[SenA 10]

Not automatic but they will have to run his name (probably) and if it is common it could delay things. A name such as mohammid or ali or reza or any other common name delays things because there are so many of them.

Right. What you're saying sounds like AP... an additional background check, right? I've been reading that "name hits" trigger AP... Hmm. I mean his name, like I said, is not all that common...

The thing is that we have no precedent for this which is why I'm beginning to panic. If he lived in Iran or another Middle Eastern country, I would be totally prepared and waiting for all of that to happen... But he lives in Europe and has a Dutch passport and has been there since he was a child. He travels to the U.S. regularly on the Visa Waiver Program, and has been able to travel and obtain visas to countries all over the world with 0 complications, with his Dutch passport. He's never been questioned or pulled aside at immigration in the U.S. or any other country... All of the reviews of the Amsterdam consulate are generally positive, and I can't find a single one with a delay, AP, or a "name hit," but ours is also a rare situation since not that many Iranians even live in the Netherlands. I'm not even sure they run people's names there, although I guess for Muslim-sounding names maybe they do that everywhere? Uuugh I really wish I could find someone who's been through this in Holland or another European country... I keep seeing things about "country of birth," but doesn't "country of citizenship" count for anything? (Side note, I know you don't have all these answers and I very much appreciate the info you've been able to give me. I'm just getting desperate! :-P Thanks again!)