Travel to the US on K1 as a refugee

[Shamla 2]

Oh I got it now. Yes he currently doesn’t have a status yet bc his asylum paperwork isn’t been approved but I was asking if he gets it approved then I can normally go forward with a k1. I was saying let’s say he gets his asylum approved but we want to marry in the US and then apply for CR1 instead. Would he be able to come to me using his Afghan passport and tourist visa or would he need a travel document? 

It seems if I go the K1 route then he can easily use his Afghan passport even if his asylum paperwork is approved and he would get the k1 stamp on his Afghan passport. No need for travel document. But what if we went the CR1 route and he comes to US to marry me. Would he be able to on his Afghan passport. 

[Boiler 45,399]

Can not realistically see him entering the US without an immigrant type visa.

[Shamla 2]

Thank you Boiler. K1 is a non immigrant visa but if he gets that stamp on his Afghan passport then that is fine? 

[kris&me 572]

you do not mention his country

is this one on the ban?

he may get asylum in Italy but still banned from the US 

many are trying to do this to circumvent the ban  and sometimes it works but immigration is aware it is happening

[Shamla 2]

Kris&me, Afghanistan. It’s not on the list of travel ban countries and we are not doing anything illegal. I too am from Afghanistan but an American citizen. 

[Crazy Cat 41,675]

Overcoming the assumption that he would not leave the US at the end of his authorized stay via a tourist visa will be an extremely difficult, if not impossible, obstacle to overcome.  Sounds like he will have few, if any, ties to Italy.........K-1 or CR-1 is more in the realm of possibility.

[gregcrs2 1,778]

OP, have you physically met your fiancé within the past 2 years?  If not, you will not get a K1 visa.

[Shamla 2]

Gregcrs2, yes I have and I plan to meet him more before I start the K1 process. We meet all the requirements

[TM92 527]

16 hours ago, Shamla said:

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.

Another option: You can marry your fiancé in a civil ceremony, do the CR-1, and then have a "renewal of vows" in US with your family present. Some links about Rome marriage: http://www.turismoroma.it/a-roma-per-2/matrimonio?lang=en and https://www.italianweddingevent.com/wedding-requirements-for-italy/requirements-for-us/

[Shamla 2]

TM92 this is helpful. Do you know how long it takes until I receive the marriage license in Italy? If it will take forever then that’s more time I have to wait bc the license needs to be included in the paperwork. 

 

I also don’t have a birth certificate. I have my citizenship of US certificate. Can they be used in lieu of birth certificate?

[TM92 527]

20 minutes ago, Shamla said:

TM92 this is helpful. Do you know how long it takes until I receive the marriage license in Italy? If it will take forever then that’s more time I have to wait bc the license needs to be included in the paperwork. 

 

I also don’t have a birth certificate. I have my citizenship of US certificate. Can they be used in lieu of birth certificate?

I just found those links with a quick Google search. It is consensus that marriage in most of Europe is slow and very bureaucratic, with a few notable exceptions: Denmark and Iceland. I usually recommend marriage in Copenhagen (https://www.visitcopenhagen.com/copenhagen/how-get-married-copenhagen) or Reykjavík (https://guidetoiceland.is/history-culture/getting-married-in-iceland or ask @bakphx1) because it is pretty straightforward compared to the rest of Europe. I didn't recommend Copenhagen or Reykjavík in your case because I came across the following, http://www.infomigrants.net/en/post/5791/what-is-the-schengen-area-and-how-does-it-impact-refugees:

Quote

Traveling Europe as a refugee?

Refugees arriving in EU countries often receive a temporary permit while waiting to be granted asylum status. This permit does not usually allow them to move between Schengen states. It is illegal for refugees to travel to another Schengen country, and might reflect negatively on the asylum application if transgressions against these rules were to be found out.

 

Once granted asylum status, they may travel around the Schengen area using their asylum documentation. In Germany, for example, when a refugee is granted asylum, they receive a blue pass, which allows them to mover freely around the Schengen area.

 

Click here to read more about the Blue Pass.

[Celie 793]

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.

[Shamla 2]

Thank you cduran. I was just thinking out loud, but yes the K1 seems to be the best bet. 

[C&AH 104]

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.  

Edited September 12, 2018 by C&AH

[Shamla 2]

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.