Travel to the US on K1 as a refugee

[p-ana 933]

18 minutes ago, cduran said:

I don't think it's legal to come to the US on a tourist visa with the purpose of marrying and the moment he mentions that to the CO, he will get denied. Your best bet is to follow through with a K1 visa and marry here once he gets his fiance visa approved OR you travel to Italy and get married, you come back alone and process a CR1 visa. I hope that makes sense.

 

I only say this because the chances of him getting a tourist visa are very minimal, and if they find out he came with the intentions of getting married, it may look bad on his record when applying for a green card.

 

10 minutes ago, C&AH said:

I'm no expert but if I were in your position,  I would be wary of applying for a K1 given the fact that he is seeking asylum in Italy. Marrying in Italy then applying for a CR1 might be the safer route. You can always have a renewal of vows ceremony for your family later. That is our plan.

 

Secondly,  it sounds like the tourist visa may not be an option (cduran pointed that out quite well).

 

Why is he seeking asylum? 

What would happen if he were to return to Afghanistan? Would it be possible to marry there? Sound like a complex situation. 

 

By all means, you want to avoid it looking as if he is looking for refuge in the US. 

 

Prayers are going out for you from this end.  

It’s perfectly fine to come to the US and get married on a tourist visa. It’s fraud to enter with a tourist (or non immigrant visa) with the intent of marrying, staying and adjust status. 

The op doesn’t mention if the foreign fiancé has a visa already or not. If they do, if their entry is granted by a cbp officer, they can get married as long as they leave and later on can apply for a cr1.

if they don’t have the tourist visa, well, most likely they won’t get one having no ties to their country of origin and little to none in Italy, add an American fiancé to the mix... so chances are very slim.

[Shamla 2]

Thanks p-ana,

If we were to go the K1 route, do you see issues? If he got accepted asylum let’s say, he would be treated like a regular resident of that country and that’s how I will fill out the paperwork. No need to add any more complexities. In my eyes I don’t see any issues going the K1 route unless I’m missing something. 

[Celie 793]

21 hours ago, Shamla said:

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?

 

6 minutes ago, p-ana said:

 

It’s perfectly fine to come to the US and get married on a tourist visa. It’s fraud to enter with a tourist (or non immigrant visa) with the intent of marrying, staying and adjust status. 

The op doesn’t mention if the foreign fiancé has a visa already or not. If they do, if their entry is granted by a cbp officer, they can get married as long as they leave and later on can apply for a cr1.

if they don’t have the tourist visa, well, most likely they won’t get one having no ties to their country of origin and little to none in Italy, add an American fiancé to the mix... so chances are very slim.

 

She specifically stated that they would obtain a tourist visa to marry, which as you mentioned, is fraud. It's fine to be here on a tourist visa, meet someone and then spur of the moment decide to get married here, of course. Nothing illegal in that. But if their plan was coming here with a tourist visa with the purpose of marrying, it can hurt his path to citizenship later down the line.

[Shamla 2]

Thanks everyone  for your replies. I appreciate it. 

[Just Paul 4,594]

23 minutes ago, Shamla said:

Thanks C&AH,

if he gets accepted asylum in Italy then I can apply for a K1 as if he were a regular citizen of Italy. I don’t get why that sounds complex. Now if he were in Asylum and it wasn’t accepted yet, then applying for k1 would be difficult. 

 

Marrying overseas seems so much more complicated to me. 

Isn't the asylum better thought of as "residency"?  Citizenship is an additional process.  

[Shamla 2]

Paul and Mary,

yes he would be a lawful resident of Italy. If I apply for a K1 as if he’s a lawful resident of Italy then what’s the issue? I’m not seeing what is the problem in this? Please help. 

[Crazy Cat 41,166]

14 minutes ago, cduran said:

 

 

She specifically stated that they would obtain a tourist visa to marry, which as you mentioned, is fraud. It's fine to be here on a tourist visa, meet someone and then spur of the moment decide to get married here, of course. Nothing illegal in that. But if their plan was coming here with a tourist visa with the purpose of marrying, it can hurt his path to citizenship later down the line.

I think you have misunderstood.  It is perfectly legal to come to the US via a tourist visa with a plan to marry a US citizen...as long as the new spouse leaves the US before the expiration of their I-94.  What is fraud is planning to come to the US, marry a US citizen and stay and adjust status.

Whether the tourist is allowed to enter the US and the length of stay is determined by the officer at the border.

[Celie 793]

4 minutes ago, missileman said:

I think you have misunderstood.  It is perfectly legal to come to the US via a tourist visa with a plan to marry a US citizen...as long as the new spouse leaves the US before the expiration of their I-94.  What is fraud is planning to come to the US, marry a US citizen and stay and adjust status.

Whether the tourist is allowed to enter the US and the length of stay is determined by the officer at the border.

I don't think that's the case, to be honest. Each visa has a purpose, and the tourist visa is specific to just that: tourism. They make sure you have no reason to stay here and coming to marry someone is a pretty big red flag of wanting to stay here (whether that's the intent or not and not to mention there's a visa specifically designed for just that).  I've even read of people been told they cannot marry their fiance while here on their tourist visa. And, on the chance that you would be right, but the CO still sees intent in committing fraud by applying for the wrong visa for the wrong purpose, it would hurt their chances of having a lawful future here, so in my opinion, why risk that?

 

My advice is to file for the K1 visa and follow the guidelines that way. If she can get it approved that way, he won't even have to worry about getting refugee status approved in Italy in a year or so after the K1 (hopefully if all goes well) gets approved.

[Crazy Cat 41,166]

7 minutes ago, cduran said:

I don't think that's the case, to be honest. Each visa has a purpose, and the tourist visa is specific to just that: tourism. They make sure you have no reason to stay here and coming to marry someone is a pretty big red flag of wanting to stay here (whether that's the intent or not and not to mention there's a visa specifically designed for just that).  I've even read of people been told they cannot marry their fiance while here on their tourist visa. And, on the chance that you would be right, but the CO still sees intent in committing fraud by applying for the wrong visa for the wrong purpose, it would hurt their chances of having a lawful future here, so in my opinion, why risk that?

 

My advice is to file for the K1 visa and follow the guidelines that way. If she can get it approved that way, he won't even have to worry about getting refugee status approved in Italy in a year or so after the K1 (hopefully if all goes well) gets approved.

What I said stands...it is 100% legal to enter the US via a tourist visa, marry, and leave the US before the expiration of their I-94....of course entry to the US is based on convincing the CO and the officer at the border that the tourist will exit the country per the authorized stay.........

People enter the US strictly for marriage frequently......do you think Vegas marriages are just for US citizens???

Edited September 12, 2018 by missileman

[Celie 793]

25 minutes ago, Shamla said:

Thanks everyone  for your replies. I appreciate it. 

I wish you the best of luck!

[Celie 793]

1 minute ago, missileman said:

What I said stands...it is 100% legal to enter the US via a tourist visa, marry, and leave the US before the expiration of their I-94....of course entry to the US is based on convincing the CO and the officer at the border that the tourist will exit the country per the authorized stay.........

People enter the US strictly for marriage frequently......do you think Vegas marriages are just for US citizens???

I understand that lol I agree it's legal to come in, get married, and leave. However, using a tourist visa for the purpose of marrying a US citizen will 99% be seen as visa fraud. A couple from another country coming to marry in Vegas is a completely different story. But if anyone can convince a CO to grant a tourist visa for the purpose of marrying and promising they will leave lol well hands down to that person. That's the kind of person that can sell ice to an eskimo.

 

Ultimately, I give my advice on what I feel will work best for them without putting them unnecessarily under fire. If anyone else wants to push any other advice, that's their right.

[C&AH 104]

59 minutes ago, Shamla said:

Thanks C&AH,

if he gets accepted asylum in Italy then I can apply for a K1 as if he were a regular citizen of Italy. I don’t get why that sounds complex. Now if he were in Asylum and it wasn’t accepted yet, then applying for k1 would be difficult. 

 

Marrying overseas seems so much more complicated to me. 

Sounds like your mind is made up. So, I would focus on him getting asylum now and then cross the K1 bridge when you get to it.

 

Keep in mind that, if approved, he will not be able to work or travel outside the US for several months during the AOS period upon arrival. (I confess to a bias in favor of the CR1 route because it seems like the safer option.. but then again nothing is guaranteed when it comes to US immigration).

 

It is my understanding is that, fortunately,  Italy is not considered a high fraud country (as it specifically relates to K1 visas). Will he be treated as another Italian citizen? My guess is yes but that is a question that someone else might be able to answer better (and honestly,  I am interested in knowing the answer). 

 

So,  depending on the timeline of his asylum status, you will be between 8 to 12 months out).

 

We truly do wish you the best as we are all on the same journey,  only at different points.  

Edited September 12, 2018 by C&AH

[Boiler 44,852]

He is not going to get a tourist visa so all this is moot.

[Crazy Cat 41,166]

2 minutes ago, Boiler said:

He is not going to get a tourist visa so all this is moot.

True.......

[Boiler 44,852]

3 minutes ago, C&AH said:

Sounds like your mind is made up. So, I would focus on him getting asylum now amd then cross the K1 bridge when you get to it.

 

Keep in mind that, if approved, he will not be able to work or travel outside the US for several months during the AOS period upon arrival.

 

It is my understanding is that, fortunately,  Italy is not considered a high fraud country (as it specifically relates to K1 visas). Will he be treated as another Italian citizen? My guess is yes but that is a question that someone else might be able to answer better (and honestly,  I am interested in knowing the answer). 

 

So,  depending on the timeline of his asylum status, you will be between 8 to 12 months out).

 

We truly do wish you the best as we are all on the same journey,  only at different points.  

If he becomes an Italian Citizen he will be treated as an Italian Citizen, he can expect more intensive AP for obvious reasons.