Travel to the US on K1 as a refugee

[NYCruiser 423]

23 hours ago, Shamla said:

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

as I said earlier..he is provided with a refugee travel document. He would use that to apply for a B2 if you want him to come here, get married, then return to Italy to wait out the CR1. To be honest, the chances of him getting the visa is next to impossible. You did not mention what country he is from, but probably a war torn place? 

[NYCruiser 423]

23 hours ago, Shamla said:

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? 

My bad..didn't read that he is from Afghanistan. You can assume he will not get a B2

[Shamla 2]

Why would they snatch his home country passport from him? I don’t think that’s the case. Many people still hold their home country passport even if asylum is accepted. 

[Just Paul 4,595]

26 minutes ago, Shamla said:

Why would they snatch his home country passport from him? I don’t think that’s the case. Many people still hold their home country passport even if asylum is accepted. 

I don't think that is an issue here.  You simply need to decide which visa fits you the best.  

 

I think there are questions about his asylum and what documents he will end up with that most of us have not seen.   Maybe if you had his passport expiration date we can offer better advice.  You can still talk to the US Citizen services at the embassy or consulate to get a better idea of what you need regarding acceptance of his status.

[Shamla 2]

Thanks Paul,

i have a lot of homework and I feel maybe I might need a lawyer to help guide me as there’s way too much for my brain to process at the moment.

[Shamla 2]

I’m just curious why his asylum is a question. Once he gets asylum, can’t I just fill out the paperwork as per usual? If need be he can bring his asylum acceptance papers to the embassy if asked to see it then he has it but if not asked then it should be fine. No?

[Boiler 45,558]

45 minutes ago, Shamla said:

I’m just curious why his asylum is a question. Once he gets asylum, can’t I just fill out the paperwork as per usual? If need be he can bring his asylum acceptance papers to the embassy if asked to see it then he has it but if not asked then it should be fine. No?

Can not see an issue once he has it, my only question is about the in between period, do not know, you would need to ask the Consulate.

[TM92 527]

3 minutes ago, Boiler said:

Can not see an issue once he has it, my only question is about the in between period

^^100% agree. It could be that his current status of pending asylum is accepted by the Naples consulate. OP should contact the consulate to ask what they accept as resident status in Italy, https://it.usembassy.gov/visas/iv/:

Quote

The U.S. Consulate General in Naples is Italy’s sole immigrant, fiancé(e), and diversity visa-issuing post in Italy. We are also responsible for processing immigrant, fiancé(e), and diversity visa applications for residents of Italy, Iran, and Malta.

[Shamla 2]

I would be applying for K1 or CR1 AFTER he gets acceptance for his asylum, not before. So after he gets his asylum acceptance, I don’t know why applying for K1 or CR1 would be an issue. Am I missing something here?

[Boiler 45,558]

No

[Shamla 2]

Thank you Boiler. I appreciate it. 

[TM92 527]

5 minutes ago, Shamla said:

So after he gets his asylum acceptance, I don’t know why applying for K1 or CR1 would be an issue. Am I missing something here?

It should not be an issue.

6 minutes ago, Shamla said:

I would be applying for K1 or CR1 AFTER he gets acceptance for his asylum

My line of thinking is why wait. Some consulates (Madrid embassy, for example) are more lenient on the residence status. That's why we are suggesting to ask the Naples consulate what they accept as status in Italy. But, you are free to wait if you want.

[Shamla 2]

TM92,

of course I don’t want to wait. Waiting is a killer for us all. I would prefer to file if we can, even while his asylum is pending but I didn’t think we had that option. Also I was thinking K1 would be easiest for me but others here have also brought up good points that CR1 is stronger given he’s an asylum seeker. So at this point I’m a bit lost which way to go. 

[Just Paul 4,595]

13 minutes ago, Shamla said:

TM92,

of course I don’t want to wait. Waiting is a killer for us all. I would prefer to file if we can, even while his asylum is pending but I didn’t think we had that option. Also I was thinking K1 would be easiest for me but others here have also brought up good points that CR1 is stronger given he’s an asylum seeker. So at this point I’m a bit lost which way to go. 

Like @TM92 and I said before check with the consulate.  They should be able to tell you if he can be processed without the asylum papers as long as his passport is still valid.  If you go to the consulate to find out about his residency status and follow the advice here and ask questions here you shouldn't need an attorney.  You will want to have as much quality evidence in your petition as possible.  You can always add more when he has his consulate interview.

 

How long are you going to be in Italy?  You can get the paperwork you personally need done in the US in case you can get married.  That takes a few weeks to pull together and get apostille. Then you have real options depending on what the consulate says. 

 

No one wants to wait or leave open the possibility of denials. I think that and the costs were also pointed out by @C&AH.  Those are reasons we chose the CR1 over the K1 since there could have been issues with our K1.  Plus we can travel internationally and she can work right away.

 

~Paul  

[Shamla 2]

Paul,

i don’t have a birth certificate for marriage abroad. I have a US citizenship certificate. I’m not sure if that can be used in lieu of a birth certificate for marriage abroad. 

 

Also i worry if he goes to the consulate to ask if they would take his interview for marriage visa, that might raise question to them bc he’s in asylum status asking about marriage visa to US and whether they would take his interview . Doesn’t  that look bad?