Travel to the US on K1 as a refugee

[TM92 527]

40 minutes ago, Shamla said:

Doesn’t  that look bad?

Not for K-1* or CR-1, since both are processed by the immigrant visa (IV) section of the consulate. For a tourist visa, it could seen as an illegal attempt to bypass asylum in Italy with an end goal of applying for asylum at US POE.

*Although the K-1 is a nonimmigrant visa, it's always processed by the IV section.

Edited September 13, 2018 by TM92

[Shamla 2]

So while his asylum is in process he should ask the consulate if they would take his interview for marriage or fiancé visa? Wouldn’t they think that he’s in asylum status but inquiring about going to US. That’s why I asked if it looks bad to them bc he would have to mention his asylum status and even if it would affect his asylum negatively. 

[Just Paul 4,595]

1 hour ago, Shamla said:

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?

About the naturalization certificate in lieu of birth certificate - that's not an absolute issue for USCIS.   You need to check with the Italian Consulate / Embassy in the US.   He can not seek guidance from the US consulate in Naples.  Only you can ask since you are a citizen.  I think all you need is an Infopass appointment.  He can accompany you.

[TM92 527]

5 hours ago, Paul & Mary said:

About the naturalization certificate in lieu of birth certificate - that's not an absolute issue for USCIS.

OP's concern about her birth certificate is not about USCIS/DOS issue, but about the marriage process in Italy based on Italian law, https://www.italianweddingevent.com/wedding-requirements-for-italy/requirements-for-us/:

Quote

Birth Certificate

The original Birth Certificate, with Apostille and translated into Italian should show the names of both parents. Send the original birth certificate to the appropriate office to be authenticated for use in Italy.

Marriage in a third party country seems to not be an option at this time, 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.

5 hours ago, Paul & Mary said:

I think all you need is an Infopass appointment.

Isn't an Infopass only for an USCIS office (i.e. the USCIS office in Rome). @Shamla, you can try calling (Italian number (+39) 06 9480 3777; US number 703-543-9310) the IV section and ask about the residence status requirement. You can also try Skype (usvisaitaly): https://it.usembassy.gov/visas/iv/

[Shamla 2]

Thanks TM92,

regarding the birth certificate you are correct. I meant for marriage in Italy a birth certificate is needed. I was actually not born in the US and I don’t have a birth certificate from my country. Should I contact the Italian consulate to ask about what can be used in lieu?

[TM92 527]

7 minutes ago, Shamla said:

Should I contact the Italian consulate to ask about what can be used in lieu?

Yes; you'll have to go to them anyways if you want to do the "Atto Notorio" outside of Italy: https://www.italianweddingevent.com/wedding-requirements-for-italy/requirements-for-us/

Edited September 13, 2018 by TM92

[p-ana 933]

13 hours 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.

As I said before it’s ok to get a visa and get married within the US, what it’s fraus is entering with a non immigrant visa with the intent to adjust status. 

[TM92 527]

14 minutes ago, p-ana said:

As I said before it’s ok to get a visa and get married within the US, what it’s fraus is entering with a non immigrant visa with the intent to adjust status. 

For OP's fiance's situation, the consensus is that this issue is moot. To avoid derailing the thread, this could be continued elsewhere (here for example: http://www.visajourney.com/forums/topic/658852-tourist-visa-us-marriage-return-home-apply-for-cr1/?do=findComment&comment=9374286).

[Shamla 2]

Thanks to everyone. It looks like I have two choices. 

1. Ask the consulate about residence status. 

2. If he has to wait for asylum acceptance and his legal residence is what’s accepted then wait for that to happen and then at least at that point we can travel to Denmark for the marriage.  

3. If we can begin the CR1 while his review paperwork is going on then marry in Italy and move forward that way. 

 

If theres anything I’m missing please add. 

[TM92 527]

14 minutes ago, Shamla said:

If theres anything I’m missing please add. 

Nothing missing. For #3, you already have another thread 👍:

 

After a quick look at that wikihow link, my assumptions were correct: the process is very bureaucratic. But, you'll persevere and overcome the bureaucracy. Good luck.

[Shamla 2]

Thank you TM92. Yes extremely tedious process. In none of the links did it say how long after the ceremony does it take to get the marriage license from Italian sources. If I have to wait 6 months for a marriage license to be issued, that would be so much more waiting bc I would have to wait for that before applying for CR1. 

 

Is this something he should ask the registrars office in Italy?

[Celie 793]

56 minutes ago, Shamla said:

Thanks to everyone. It looks like I have two choices. 

1. Ask the consulate about residence status. 

2. If he has to wait for asylum acceptance and his legal residence is what’s accepted then wait for that to happen and then at least at that point we can travel to Denmark for the marriage.  

3. If we can begin the CR1 while his review paperwork is going on then marry in Italy and move forward that way. 

 

If theres anything I’m missing please add. 

You can also see your options at the K1 visa now. Don't quote me because I'm not sure, but if he is in Italy and hasn't received refugee status yet, he might just be able to apply with his Afghani passport as an Afghanistan citizen living elsewhere.

[Crazy Cat 41,903]

27 minutes ago, cduran said:

You can also see your options at the K1 visa now. Don't quote me because I'm not sure, but if he is in Italy and hasn't received refugee status yet, he might just be able to apply with his Afghani passport as an Afghanistan citizen living elsewhere.

Normally, a fiance can interview for a K-1 visa only in their own country or the country of legal resident status....

[Shamla 2]

Cduran,

yes his Afghanistan passport is what would be used for the K1 or CR1 Paperwork. The question is that would the consulate agree to interview (CR1 interview) him in Italy while his paperwork is going on or would they only agree to it after his asylum is accepted. That’s what I will need to find out from consulate. 

 

Everyone is saying go the CR1 route as That’s the stronger one. 

[Shamla 2]

Paul,

for CR1 does the interview have to be in the country the couple was married? I think maybe that was the old K3 rule. Does it hurt the CR1 if the couple marries in a third country? 

In our case if we marry in Denmark after he gets his asylum accepted because it’s easier process in Denmark. Would the interview still be in Italy or would they require it to be in Denmark?