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Filed: K-1 Visa Country: Gambia
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Posted

Hi all so this ones a biggy! 

 

My boyfriend  and I met while I was working in Spain . I am working in Spain on a student visa through a Spain Govt program and get paid via stipend. My permanent mailing address is my mother’s home in the states. Here’s where things get a bit more convoluted, my boyfriend/ fiancé is currently seeking asylum in Spain which means his passport from his home

country is not in his possession . We will be getting officially engaged soon and want to start the visa process ASAP so that we can be together at the conclusion of my contract in June 2020.

 

key questions:

- does his pending case have any effect on the application?

- What can we do about the passport ?

- has anyone experienced this before and have any insight .

- What should  I be looking out for when applying for K1 while living abroad?

 

Thanks 👍🏾

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted
4 minutes ago, kaehbee said:

Hi all so this ones a biggy! 

 

My boyfriend  and I met while I was working in Spain . I am working in Spain on a student visa through a Spain Govt program and get paid via stipend. My permanent mailing address is my mother’s home in the states. Here’s where things get a bit more convoluted, my boyfriend/ fiancé is currently seeking asylum in Spain which means his passport from his home

country is not in his possession . We will be getting officially engaged soon and want to start the visa process ASAP so that we can be together at the conclusion of my contract in June 2020.

 

key questions:

- does his pending case have any effect on the application? Quite likely, if you didn't think so too, you likely would not have asked.;)

- What can we do about the passport ? He will need to obtain a current passport, with appropriate validity dates.

- has anyone experienced this before and have any insight . likely, others will also respond.

- What should  I be looking out for when applying for K1 while living abroad? You will have to look at your US Income tax situation, and you will likely need to have a co-sponsor, for starters.

 

Thanks 👍🏾

Welcome to the forum.

Here are some initial thoughts after a quick glance at your posting. Hopefully others will be able to provide more info.

 

With regards to immigration matters and future plans, never make any nonrefundable/nonexchangeable/nonadjustable/nonalterable plans/reservations/commitments unless you have the passport in your hand, and the visa is in the passport. To do otherwise is to very likely set yourself up for problems/conflicts. The visa process will determine when the two of you will be together, not the other way around.

 

Become knowledgeable about your proposed visa process, by reading some of the wealth of information readily available at this site.

 

Good luck on your immigration journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted
2 hours ago, HRQX said:

Seems the Spanish government has his unexpired passport in their possession while the asylum case is pending.

With his asylum case still pending, what do you think are their chances of getting a K1 visa by next June?

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Filed: Citizen (apr) Country: Brazil
Timeline
Posted (edited)

You won't need your boyfriend's passport for the I-129F petition filing.  It will be needed after the petition is approved, and that takes a few months depending on how things go, so maybe by that time his passport will be returned to him and the asylum will be approved so he has legal status in Spain.  He will need a passport to file the visa application, at least a photocopy of it.  Then for the visa interview at the end of the process he'll need a valid passport, maybe in about 8 months from filing the petition.  Photocopies of both of your passport's bio pages and entry/exit stamps are helpful to include with the I-129F petition as evidence of meeting at least once in the two years before filing, but if you have other evidence to meet this requirement you may not need his passport at all for a long time while you wait for the petition to be adjudicated.  When he needs it for the interview, if he still doesn't have it, he may be able to ask for it from Spanish immigration.  On the I-129F when it asks for country of your boyfriend's citizenship, you could put "Spain--asylum application pending," and attach a letter of explanation describing his current status in the EU and his country of origin where's he still a citizen.  The whole K-1 process for him may take longer than normal because this situation complicates things so don't assume anything about when it will be approved, but hope for the best.  Good luck!

Edited by carmel34
Filed: K-1 Visa Country: Wales
Timeline
Posted

Obviously it is not just a Passport he needs, other documentation, how will he get that?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Sweden
Timeline
Posted (edited)
4 hours ago, carmel34 said:

You won't need your boyfriend's passport for the I-129F petition filing.  It will be needed after the petition is approved, and that takes a few months depending on how things go, so maybe by that time his passport will be returned to him and the asylum will be approved so he has legal status in Spain.  He will need a passport to file the visa application, at least a photocopy of it.  Then for the visa interview at the end of the process he'll need a valid passport, maybe in about 8 months from filing the petition.  Photocopies of both of your passport's bio pages and entry/exit stamps are helpful to include with the I-129F petition as evidence of meeting at least once in the two years before filing, but if you have other evidence to meet this requirement you may not need his passport at all for a long time while you wait for the petition to be adjudicated.  When he needs it for the interview, if he still doesn't have it, he may be able to ask for it from Spanish immigration.  On the I-129F when it asks for country of your boyfriend's citizenship, you could put "Spain--asylum application pending," and attach a letter of explanation describing his current status in the EU and his country of origin where's he still a citizen.  The whole K-1 process for him may take longer than normal because this situation complicates things so don't assume anything about when it will be approved, but hope for the best.  Good luck!

Where the I-129F asks for citizenship he should put the country he is actually a citizen off as he is not a Spanish citizen... It will be obvious he is in Spain when he fills out his current address. 

Edited by Unidentified




Posted
11 minutes ago, little immigrant said:

Why not marry and file CR1? 

Good point. But it would have to be a religious ceremony (Catholic, Jewish, Islamic or Protestant). Or a civil ceremony if one of them meets the minimum 2-year residency requirement. Unknown if he can travel within Schengen while the asylum case is pending. If he can, then there are alternatives:

Gibraltar might be a wild card since its outside of Schengen: http://www.visitgibraltar.gi/getting-married

Filed: Citizen (apr) Country: Sweden
Timeline
Posted
6 minutes ago, HRQX said:

Good point. But it would have to be a religious ceremony (Catholic, Jewish, Islamic or Protestant). Or a civil ceremony if one of them meets the minimum 2-year residency requirement. Unknown if he can travel within Schengen while the asylum case is pending. If he can, then there are alternatives:

Gibraltar might be a wild card since its outside of Schengen: http://www.visitgibraltar.gi/getting-married

Why? They're both in Spain. 





Posted (edited)
16 minutes ago, Unidentified said:

They're both in Spain. 

Yes. But does at least one of them meet the minimum 2-year residency requirement for a civil ceremony? If not, then a religious ceremony might be an option (depending on specifics).

 

Also, the process for a civil ceremony in Spain takes between 30-50 days. The Iceland, Denmark, and Gibraltar process tends to be shorter.

Edited by HRQX
 
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