Travel to the US on K1 as a refugee

[Shamla 2]

Hello everyone,

I’m having a hard time finding information on this site. I’m going to explain the situation as clear as possible. If my fiancé gets his asylum approved in Italy and he has some sort of legal status and then I move forward to apply for a K1 visa for him, does he need a travel document? He has a passport from the country where he is from. I can use that passport (from the country he is from) to include in the k1 visa form. Would this passport be the one he would be using to come to the US and would this passport be the one that will include the k1 visa stamp? I’m just hoping we don’t have to obtain a travel document as it can take a year to even get that document and we don’t want to have to wait that long to apply for the K1. Please let me know. Thanks. 

[jealob 7]

Yes to all. I think your fiance will be fine with the current passport no extra traveling document will be needed as long as the passport is at least 6 months valid from the time of visa interview.

[Shamla 2]

Thank you so much for your resonse. One more quick query. If we decide to marry in the US after his asylum approval, then at that time would he need a travel document to obtain a tourist visa to marry menin he US or can he use his home country passport in this case too?

[Shamla 2]

Let me clarify that my second query revolves around getting married in US then applying for CR1. 

[NigeriaorBust 4,087]

entering the US on a non immigrant visa with the intent of staying is immigration fraud.  If you intending on marrying and leaving what is his home passport 

Edited September 12, 2018 by NigeriaorBust

[Shamla 2]

Oh no! He wouldn’t stay. We would marry and then he would go back and then I apply for CR1. What I want to know is can he use his home passport (Afghanistan) to obtain a tourist visa and come marry me and then go back and then I apply for CR1? Or does he need a travel document in this instance? 

[Boiler 44,855]

I would not worry about the marriage in the US on a visitor visa situation, maybe marry in Italy next time you go to see him?

[Shamla 2]

My family is in the US and it’s eadier on my parents to not have to travel for my marriage. That’s why I asked because I have a feeling marrying in Italy can get very hectic very soon and I prefer my family to be there. 

[Boiler 44,855]

Sounds like a K1 is your best bet.

[Shamla 2]

So I’m assuming him coming here would have to be with travel document? I too also feel maybe K1 is better if he can use his home passport and not a travel document but I was just wondering about the CR1 I outlined to see if in that case a travel document is needed instead? That’s what I’m unsure about. 

[Boiler 44,855]

2 minutes ago, Shamla said:

So I’m assuming him coming here would have to be with travel document? I too also feel maybe K1 is better if he can use his home passport and not a travel document but I was just wondering about the CR1 I outlined to see if in that case a travel document is needed instead? That’s what I’m unsure about. 

I would assume he would use his Passport, you said he had a valid one.

[Shamla 2]

He has his Afghanistan passport but not an italian travel document. So the Afghanistan passport would be fine to use?

[Boiler 44,855]

Well the only thing comes to mind is whether the US Consulate will accept his status in Italy to be interviews, I assume yes but that is a long way down the road and assume other things will be sorted by then.

[Shamla 2]

I’m not sure I’m following. If his asylum is approved in Italy then I can apply for him either k1 or CR1 normally. He would be able to interview at his closest consulate. What do you mean accept his status?

[Boiler 44,855]

You said you wanted to marry in the US so that is a K1.

 

He currently it seems has no status in Italy.