Travel to the US on K1 as a refugee

[C&AH 104]

1 minute ago, Boiler said:

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

Obvious reasons which are him getting Italian citizenship and then very quickly wishing to move to the USA on a K1. It might look as if he is a transient. This is the primary reason that it seems that CR1 might be more solid. However,  OPs mind is made up and it will be interesting to see how this plays out.

And yes, the tourist visa doesn't seem to be an option if he is truthful about his intent.  

[Shamla 2]

Thanks everyone for the information. I guess I’m not understanding why k1 is not safe and CR1 is safe. If he’s given permanent residency in Italy and asylum accepted then why does it look bad on paper? 

As long as the consulate in Italy agrees to review and interview him there, what would be he complexity there? He cannot go back to Afghanistan for obvious reasons because it’s not safe there. 

[Boiler 45,362]

7 minutes ago, C&AH said:

Obvious reasons which are him getting Italian citizenship and then very quickly wishing to move to the USA on a K1. It might look as if he is a transient. This is the primary reason that it seems that CR1 might be more solid. However,  OPs mind is made up and it will be interesting to see how this plays out.

And yes, the tourist visa doesn't seem to be an option if he is truthful about his intent.  

I would not expect that to be a problem.

[Just Paul 4,595]

34 minutes ago, Shamla said:

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. 

Just to point out that lawful residency is not the same as citizenship.  You can easily file when he has residency.  If you are waiting for him to be an Italian Citizen you will wait much longer.  There might be an issue where his passport expires during the process.  If so hopefully he can renew it in Italy.

 

I would recommend that  you check with the US embassy  / USCIS in Italy to see if they will allow his asylum residency status to be used as residency for the application or if he has to have "permanent" residency.  Again you might have a timing issue with his passport expiration.  In any case you will be applying via the lockbox in the US.

Research K1/CR1 denials visa more.  In the past, prior to the new policy implementation of Sept 11, 2018,  you can appeal a I-130 decision and not a I-129F.  The CR1 might take longer but it is definitely faster then having to refile the K1. The CR1 is also cheaper and has other benefits. In any case a Tourist Visa is probably not going to happen.

 

We wish you the best in the  process.

~Paul

[Shamla 2]

Thanks Paul and Mary,

I know you can’t appeal a k1 but then we could at that point go the CR1 route if k1 doesn’t get approved. I’m hopeful it will get approved. Correct me if I’m wrong. 

[C&AH 104]

10 minutes ago, Paul & Mary said:

Just to point out that lawful residency is not the same as citizenship.  You can easily file when he has residency.  If you are waiting for him to be an Italian Citizen you will wait much longer.  There might be an issue where his passport expires during the process.  If so hopefully he can renew it in Italy.

 

I would recommend that  you check with the US embassy  / USCIS in Italy to see if they will allow his asylum residency status to be used as residency for the application or if he has to have "permanent" residency.  Again you might have a timing issue with his passport expiration.  In any case you will be applying via the lockbox in the US.

Research K1/CR1 denials visa more.  In the past, prior to the new policy implementation of Sept 11, 2018,  you can appeal a I-130 decision and not a I-129F.  The CR1 might take longer but it is definitely faster then having to refile the K1. The CR1 is also cheaper and has other benefits. In any case a Tourist Visa is probably not going to happen.

 

We wish you the best in the  process.

~Paul

Took the words out of my mouth. That is precisely the reason that the CR1 is the "safer" route. From my research (please correct me if I'm wrong), I find that CR1 visas have a higher chance of approval than the K1. Given the many other things going on in OP's case along with the long amount of time and money inherently in the process, I would almost be afraid of the risk of a K1 petition. 

5 minutes ago, Shamla said:

Thanks Paul and Mary,

I know you can’t appeal a k1 but then we could at that point go the CR1 route if k1 doesn’t get approved. I’m hopeful it will get approved. Correct me if I’m wrong. 

Absolutely.  Best of luck to you.  I'm also hopeful that it gets approved. 

Edited September 12, 2018 by C&AH

[Just Paul 4,595]

2 minutes ago, Shamla said:

Thanks Paul and Mary,

I know you can’t appeal a k1 but then we could at that point go the CR1 route if k1 doesn’t get approved. I’m hopeful it will get approved. Correct me if I’m wrong. 

If you don't mind waiting a year and spending the money to get denied for a K1 from the NVC or waiting a year and half if you get NVC approval but don't pass the Embassy.

 

Also how is he getting his police clearance from Afghanistan?

[Shamla 2]

C&AH,

Thank you so much for your well wishes. You are right we are all on his journey but at different points. My concern with marrying in Italy is all the beurocracy around it. It doesn’t look like an easy process and I even wonder how long it will take to get a marriage license issued by them bc I would have to include that in the CR1 packet and given that we have to wait so long, having to wait more just makes me nervous. 

[Shamla 2]

Thanks Paul,

to be honest I’m trying to figure out the best route myself with which way to go k1 or CR1. I do understand CR1 is stronger but do you know currently how long a person must wait to be issued a marriage license in Italy? With all that’s needed there to marry I wonder how long I’d have to wait more for the license to include in the CR1 packet. 

[C&AH 104]

13 minutes ago, Shamla said:

C&AH,

Thank you so much for your well wishes. You are right we are all on his journey but at different points. My concern with marrying in Italy is all the beurocracy around it. It doesn’t look like an easy process and I even wonder how long it will take to get a marriage license issued by them bc I would have to include that in the CR1 packet and given that we have to wait so long, having to wait more just makes me nervous. 

It might take a little extra time to get married in Italy but think about the bigger picture of the time involved if you petition for a K1 and end up having to go the CR1 route anyway. Then you also add his getting asylum in the mix and it might be even longer. 

 

Then there is also the option of marrying in a third country but I'm not sure if that would help or hurt your case. You really need to do a great deal of research on this before making a firm decision. I would also recommend posting a question in a country specific forum - Italy- on VJ, someone from there might be able to advise you on the process of getting married there. He can also go to the local courthouse and I'm sure someone there can guide him.

 

http://www.visajourney.com/forums/forum/95-europe-amp-eurasia-except-the-uk-and-russia/

 

Edited September 12, 2018 by C&AH

[Just Paul 4,595]

5 minutes ago, Shamla said:

Thanks Paul,

to be honest I’m trying to figure out the best route myself with which way to go k1 or CR1. I do understand CR1 is stronger but do you know currently how long a person must wait to be issued a marriage license in Italy? With all that’s needed there to marry I wonder how long I’d have to wait more for the license to include in the CR1 packet. 

My understanding from 2 American friends that got civilly married there is that it had to be noticed for two weeks in the town they got married at.   Since you boyfriend is there I am sure he can research it a bit more.

 

I found this link https://www.italianweddingevent.com/wedding-requirements-for-italy/requirements-for-us/

 

There is groundwork you need to do from the US.  He will need to find out about what he needs locally.   I'm sure there are exceptions for asylum seekers.

[Just Paul 4,595]

20 minutes ago, C&AH said:

Then there is also the option of marrying in a third country but I'm not sure if that would help or hurt your case. You really need to do a great deal of research on this before making a firm decision. I would also recommend posting a question in a country specific forum - Italy- on VJ, someone from there might be able to advise you on the process of getting married there. He can also go to the local courthouse and I'm sure someone there can guide him.

 

We married in Hong Kong because it was so much easier then the Philippines for us. Hopefully there are easy options in Europe and do check out the local forums and have him ask around in Italy.

 

Marrying in a 3rd country won't hurt your case.  Just make sure it is a Hague Apostle country so the US Government accepts the Marriage Certificate without any issues.

Edited September 12, 2018 by Paul & Mary
clarity

[Shamla 2]

Thank you both. You have been very helpful. What is a Hague Apostle? Once his asylum gets accepted then can he travel to let’s say a third country and get married without issue? 

 

Another vjer suggested denmark or Iceland. 

[Just Paul 4,595]

1 minute ago, Shamla said:

Thank you both. You have been very helpful. What is a Hague Apostle? Once his asylum gets accepted then can he travel to let’s say a third country and get married without issue?

Hague Apostle is the treaty that covers the Legalization of Foreign Public Documents. 

 

Not all countries participate (like my wife's).  When we thought we were going to marry in the Philippines I had my birth certificate and prior divorce decree apostilled by my state government ( Arizona) and then had the Philippine Consulate in Los Angeles certify the document.  Two steps.  Pain in the butt. 

 

In counties that participate:

We got married in Hong Kong and they accepted my state documents with the single apostille and no US State Department Certification.

Then when we filed the I-130  the consulate wanted to see the original embossed marriage certificate which did not have to be certified by the US Department of State in Hong Kong.

So much simpler.

 

Here is a list of countries: https://en.wikipedia.org/wiki/Apostille_Convention

[NYCruiser 423]

On 9/11/2018 at 6:32 PM, Shamla said:

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. 

i thought they take away the passport from the asylum applicant and provide a laissez-faire document authorised by the UN? I could be wrong though. He would use that travel document to present to the US Embassy in Italy for the K1 sticker. (be aware that if this is the case, he would need a non-stop into the USA).