US Citizen living outside US with fiancé who was a prior asylum case in US

[Ann0982 0]

Hi,

 

Our situation is really complicated and hoping someone can help. Here are the facts.

 

-I am US Citizen, fiancé is Bulgarian Citizen

-Fiancé came to US legally on a J-1 visa

-Fiancé overstayed his visa, but applied for asylum  within the year of his entry.

-Stayed in US as asylumee for 2.5 years

-We met and decided to travel and left the US.

-Fiancé asylum submitted a notice to withdraw his case since he is no longer going to be in the US.

-Few months have passed by and now I am pregnant.

 

Questions:

-Is my fiancé fall under the 3 year ban since he overstayed his J-1 visa or is he exempt because he filed asylum within the year of his entry?

-Can I apply for a K-1 visa for him? 

-Will his asylum case be a factor when applying for K-1 visa?

-Does the fact I'm pregnant with his child play a factor in obtaining my fiancé a visa to enter? 

 

Hope someone can provide some advice. We need all the help we can as we are expecting a baby in 11months and wanting to raise the child in the US.

[milimelo 4,539]

All questions for a lawyer versed in immigration and asylum cases. 

 

You may also want to follow up on his asylum case. If it was deemed frivolous there will be bans attached to decision. 

 

Never heard of a pregnancy lasting 11 months and a child certainly does not help get an immigrant visa. You can most certainly move to the US with your child (do the CRBA with the embassy after you get the local birth certificate), but you'll most likely be raising the child solo until your fiancé's situation is resolved.