Obtaining K1 Fiancé visa after withdrawn asylum application

[Amanda24 0]

7 minutes ago, Jojo92122 said:

You have been given lots of good advice, and you seem to be ignoring it.

 

The visitor visa is void because he overstayed his I-94.

 

The asylum case is over since he returned home after saying he had a legitimate fear of returning.  This may even be deemed frivolous since he did return home.

 

He will not be permitted back.  If he can get on a plane, he will be refused entry based on 1) a voided visitor visa, 2) previous overstay, and 3) a prior asylum case.  He will be sent back at his expense.  If he does not withdraw his entry request, he will be put into detention.  Right now, people in immigration custody are being sent to federal prison and then deported.  You need to get over this fantasy that he will be let in.  He will not be let in based on his immigration history.

 

The CR-1 is your only real hope.  Be prepared to deal with a waiver because of his abandoned asylum case.  Nothing in immigration is guaranteed, so accept that as part of the process.  

 

File for the K1 or go marry him and file for the CR-1.  Him coming to you in the US so you can file AOS for him is not going to happen.

I am not ignoring anybody. Quite frankly, I am confused because his attorney is telling me that he is able to come back to complete his asylum case. It’s not a “fantasy,” that I just created in my mind. This was told to me BY HIS ATTORNEY several different times. I am being having all different and conflicting information provided to me and nothing is making sense whatsoever. 

[Jojo92122 1,924]

Just now, Amanda24 said:

I am not ignoring anybody. Quite frankly, I am confused because his attorney is telling me that he is able to come back to complete his asylum case. It’s not a “fantasy,” that I just created in my mind. This was told to me BY HIS ATTORNEY several different times. I am being having all different and conflicting information provided to me and nothing is making sense whatsoever. 

His attorney is a twit.

 

Think logically, on what basis would your boyfriend be returning to the US?  The voided visitor visa?  

[Lemonslice 4,886]

1 hour ago, Amanda24 said:

I know the asylum case is completely compromised at this point. There is likely zero chance of him winning that. What I’m wondering is if he is permitted back in saying he is still claiming asylum, or even if he is sent to an immigration detention center and has a bond set while he waits to have his case heard by a judge, can I at that point post the bond and then marry him while he is in the US? That is the main thing I need to figure out. That would probably be the easiest thing at this point. The fiancé visa and CR-1 visa are going to need waivers etc and all of the fees, and it’s not guaranteed. Not really sure what to do. 

You can't be serious? 

[Jojo92122 1,924]

2 minutes ago, Lemonslice said:

You can't be serious? 

Oh, she is.

 

After 5 pages of this, she still thinks it's easiest for him to get on a plane and just come here.  She doesn't get that he will either be 1) denied entry, or 2) be sent to immigration detention with the possibility of going to federal prison before being deported.   She thinks he would be paroled in which is a complete fantasy.  

 

Repeatedly, she has been told to go the K-1 or CR-1 route, but she is holding out for an easier, better, guaranteed way for him to immigrate. 

[Lemonslice 4,886]

18 minutes ago, Jojo92122 said:

Oh, she is.

 

After 5 pages of this, she still thinks it's easiest for him to get on a plane and just come here.  She doesn't get that he will either be 1) denied entry, or 2) be sent to immigration detention with the possibility of going to federal prison before being deported.   She thinks he would be paroled in which is a complete fantasy.  

 

Repeatedly, she has been told to go the K-1 or CR-1 route, but she is holding out for an easier, better, guaranteed way for him to immigrate. 

It was a rhetorical question... as I am having trouble believing she has so little judgment/empathy. 

 

Who in their right mind would deliberately send their loved one to a detention center and think it's a reasonable plan? 

[Amanda24 0]

32 minutes ago, Lemonslice said:

You can't be serious? 

Well then clearly I received inaccurate information from his attorney

[Amanda24 0]

1 minute ago, Lemonslice said:

It was a rhetorical question... as I am having trouble believing she has so little judgment/empathy. 

 

Who in their right mind would deliberately send their loved one to a detention center and think it's a reasonable plan? 

To both of you...I am CLEARLY on this forum because I do not know how immigration works. If I knew everything about immigration I WOULD NOT BE ON HERE.  I heard that he can return on his visa DIRECTLY FROM HIS ATTORNEY.  I AM NOT OPPOSED TO THE K1 OR CR1 VISA WHATSOEVER IF THAT IS THE SAFEST WAY OF HIM BEING ABLE TO RETURN. HIS ATTORNEY TOLD ME SEVERAL TIMES THAT HE CAN RETURN AND SHOW PAPERWORK EXPLAINING WHY HE LEFT AND CAN RETURN ON HIS TOURIST VISA. She said if he is detained, I will be able to post bond and get him out. NOT ONCE DID SHE MENTION FEDERAL PRISON, ETC OR DEPORTATION. She made it sound like it wouldn’t be a problem. I am in the process of making an appt to consult with a new attorney as I told him before that the one he had was no good. I appreciate you guys thinking this is a big joke. But so am trying to get him back into the US as safely as possible. 

[Jojo92122 1,924]

7 minutes ago, Amanda24 said:

To both of you...I am CLEARLY on this forum because I do not know how immigration works. If I knew everything about immigration I WOULD NOT BE ON HERE.  I heard that he can return on his visa DIRECTLY FROM HIS ATTORNEY.  I AM NOT OPPOSED TO THE K1 OR CR1 VISA WHATSOEVER IF THAT IS THE SAFEST WAY OF HIM BEING ABLE TO RETURN. HIS ATTORNEY TOLD ME SEVERAL TIMES THAT HE CAN RETURN AND SHOW PAPERWORK EXPLAINING WHY HE LEFT AND CAN RETURN ON HIS TOURIST VISA. She said if he is detained, I will be able to post bond and get him out. NOT ONCE DID SHE MENTION FEDERAL PRISON, ETC OR DEPORTATION. She made it sound like it wouldn’t be a problem. I am in the process of making an appt to consult with a new attorney as I told him before that the one he had was no good. I appreciate you guys thinking this is a big joke. But so am trying to get him back into the US as safely as possible. 

No one thinks this is a big joke.  People's lives are at stake.  We are trying to help you.

 

It's good that you are seeking the advice of another attorney. 

 

The big question is why you are relying on the advice of an attorney from a place that you stated gives out bad immigration advice.  This doesn't make sense.

[Amanda24 0]

21 minutes ago, Jojo92122 said:

No one thinks this is a big joke.  People's lives are at stake.  We are trying to help you.

 

It's good that you are seeking the advice of another attorney. 

 

The big question is why you are relying on the advice of an attorney from a place that you stated gives out bad immigration advice.  This doesn't make sense.

When he first came here, he was referred by his friend to a church in Miami called One Holy Apostolic and Catholic Church (something to that affect) in Miami. I did not know him at this time because he filed for asylum pretty much directly after his arrival here. Had I known him before, I would have referred him to my family’s immigration attorney, as my mom and her family are from Cuba and came here in the late 60s and used a good attorney for their citizenship process. Totally different scenario, but it would have been a thousand times better for him to use a REAL attorney. Apparently there is an article in Spanish about how that church acts as a sort of “law firm” and has unqualified people working as attorneys and they get around it by saying it is a “charity.” I went with him to one of the appointments with his attorney and I liked her at first, as she seemed very helpful. But after reading that article about how it’s pretty much a huge scam, and the church administrator losing his form that he needed to get his drivers license and then making him pay them to have it sent via mail, and then it never arriving. It became a complete mess and it delayed his process so much that he gave up because he should have received his work permit MONTHS ago if they hadn’t lost all of his paperwork. He had to move 3 1/2 hours from me to stay with a distant family member to try to get back on his feet again, but things only got worse and he returned home. Now it’s turned into even more of a mess. I will definitely seek out another attorney for the K1 or CR1 process because this is awful. 

[Going through 5,671]

3 hours ago, Amanda24 said:

 What I’m wondering is if he is permitted back in saying he is still claiming asylum, or even if he is sent to an immigration detention center and has a bond set while he waits to have his case heard by a judge, can I at that point post the bond and then marry him while he is in the US?

More likely he would just be turned right back around at the border, and not be permitted across at all.

 

 

[Going through 5,671]

3 hours ago, Amanda24 said:

even if he is sent to an immigration detention center and has a bond set while he waits to have his case heard by a judge, can I at that point post the bond and then marry him while he is in the US?

Highly unlikely he will be pardoned in based on his history.

 

And even IF he was able to get across (extremely low chance)....marrying him right away is certainly going to raise a HUGE red flag since the IO will presume you just married him so he could gain immigration benefits. 

 

Again, this is why people in this thread are repeatedly advising you to do a K1 or CR-1...it's really your only option at this point if you wish to live with him legally in the US.

Edited June 9, 2018 by Going through

[Amanda24 0]

2 hours ago, Going through said:

Highly unlikely he will be pardoned in based on his history.

 

And even IF he was able to get across (extremely low chance)....marrying him right away is certainly going to raise a HUGE red flag since the IO will presume you just married him so he could gain immigration benefits. 

 

Again, this is why people in this thread are repeatedly advising you to do a K1 or CR-1...it's really your only option at this point if you wish to live with him legally in the US.

Is the CR-1 more secure because you’re already married legally? And because the CR-1 is an immigrant visa and the K1 is nonimmigrant? Or does it not really make a difference? We have everything needed to prove our relationship from day 1. Proving it is not the problem for us. It’s the past history of his asylum case being abandoned and him returning to his country. 

[Going through 5,671]

9 minutes ago, Amanda24 said:

Is the CR-1 more secure because you’re already married legally? And because the CR-1 is an immigrant visa and the K1 is nonimmigrant? Or does it not really make a difference? We have everything needed to prove our relationship from day 1. Proving it is not the problem for us. It’s the past history of his asylum case being abandoned and him returning to his country. 

K1 and CR-1 both have their pros and cons.  Neither one guarantees an approval, if that's what you're trying to figure out.  When deciding between the K1 and CR-1 you have to research both and figure out which one best suits your needs, personal circumstances and immigration history at the time.  

 

Given his history, the CR-1 is probably the better option for you.

[Amanda24 0]

2 hours ago, Going through said:

K1 and CR-1 both have their pros and cons.  Neither one guarantees an approval, if that's what you're trying to figure out.  When deciding between the K1 and CR-1 you have to research both and figure out which one best suits your needs, personal circumstances and immigration history at the time.  

 

Given his history, the CR-1 is probably the better option for you.

I kind of figured CR-1 would be the safer option and we could marry in Aruba since it doesn’t require a visa for eith t one of us and there aren’t as many requirements as some other countries. I was looking into the Bahamas as well since the flights there are inexpensive and they also don’t have many requirements/needed documents. However, the issue with the Bahamas is that I haven’t been able to find any direct flights from Venezuela. They ALL stop in Miami or Ft Lauderdale, in which case he would still need a visa even if it’s just to connect to another flight. So it looks like it will have to be Aruba, which is very close to him. 

[Boiler 45,658]

Now I have seen some weird things, but the idea he would be allowed to board a plane to the US boggles belief.

 

If he tries let us know how it goes.