complicated visa situation(merged)

[Demi Byrnes 0]

Hey, 

my situation is quite complicated so im from australia and my fiance was born in america samoa he can live in the states no problem not needing a visa or anything but does he need to be a citizen for him to lodge the fiance visa? and if so would it be easier to go there on a working visa and get married ad switch over to a permeant residency, or is that cheating the system?

[Boiler 45,557]

As I understand it American Samoa has it own Immigration laws and is not part of the US system.

[designguy 1,179]

16 minutes ago, Demi Byrnes said:

Hey, 

my situation is quite complicated so im from australia and my fiance was born in america samoa he can live in the states no problem not needing a visa or anything but does he need to be a citizen for him to lodge the fiance visa? and if so would it be easier to go there on a working visa and get married ad switch over to a permeant residency, or is that cheating the system?

AFAIK you have to be a citizen. I think American Samoans are considered American nationals but not citizens. I wouldn’t say getting a work visa is by any means “easy”. There are different paths here ie non-immigrant and immigrant works visas. For an immigrant work visa you either have to be extraordinarily talented or have an employer sponsor you. There are a few national interest waiver fields but you haven’t stated what skills and education you have so.. on what basis would you be granted a work visa? (FYI I just got my EB3 visa issued about 10 days ago. The entire process took 2 years)

[Pitaya 2,577]

If he comes to the US on a work visa with the purpose of getting married, that could be considered immigration fraud, and could result in serious consequences. The purpose of a work visa is to work, not to get married.

[Cheschirecat 176]

21 hours ago, Demi Byrnes said:

Hey, 

my situation is quite complicated so im from australia and my fiance was born in america samoa he can live in the states no problem not needing a visa or anything but does he need to be a citizen for him to lodge the fiance visa? and if so would it be easier to go there on a working visa and get married ad switch over to a permeant residency, or is that cheating the system?

American Samoan’s are not US citizens they are nationals. There was a lawsuit filed to get then citizenship since it is a US territory. Not sure what happened with that. He needs to be a citizen 

Edited October 27, 2019 by Cheschirecat

[HRQX 4,145]

22 hours ago, Demi Byrnes said:

my fiance was born in america samoa he can live in the states no problem not needing a visa or anything but does he need to be a citizen for him to lodge the fiance visa?

Marry first. Then your partner can file an I-130 to start the Second preference (F2A) process; see Matter of Ah San: https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2388.pdf

22 hours ago, Boiler said:

As I understand it American Samoa has it own Immigration laws and is not part of the US system.

OP said the American Samoan would reside in a US state; thus they'll do F2A after they marry.

1 hour ago, Cheschirecat said:

There was a lawsuit filed to get then citizenship since it is a US territory. Not sure what happened with that.

I think you are referring to Tuana v. US in the DC circuit. Although Judge Janice Rogers Brown acknowledged the "Insular Cases" may be “politically incorrect” and reflect outdated “views of race and imperialism,” she said it was up to Congress, not the courts, to change their status: https://www.latimes.com/nation/la-fg-court-samoan-citizens-20160609-snap-story.html

 

Separate, more recent, developments:

• https://constitutioncenter.org/blog/constitution-check-are-the-insular-cases-still-binding-after-a-century/
• https://blog.harvardlawreview.org/why-the-insular-cases-must-become-the-next-plessy/
• Fitisemanu v. US is a pending case in the US District Court for the District of Utah: http://www.equalrightsnow.org/fitisemanu

Edited October 27, 2019 by HRQX

[Demi Byrnes 0]

sorry for so many questions but my fiance is an american samoan citizen if we were to get married in america samoa what visa's would we need to apply for adn would we still be able to live there after?

[payxibka 10,045]

5 minutes ago, Demi Byrnes said:

sorry for so many questions but my fiance is an american samoan citizen if we were to get married in america samoa what visa's would we need to apply for adn would we still be able to live there after?

Not a k1.

 

He can petition for you as a spouse 

[Juli. 18]

Americans Samoans aren't US citizens.

 

Your fiance was a citizenship or a LPR?

 

 

[Juli. 18]

This is not right.  Just USC or LPR can apply for spouses visas. Americans Samoans are not USC and they have their own Immigration laws.

[Ontarkie 14,234]

~~Moved to What Visa DO I need, from K1 P&P- as the OP is researching their options.~~

~~Related threads merged. Please do not start more than one thread on this topic. It helps members give the best possible answers when all the information is in one place.~~

[HRQX 4,145]

11 hours ago, Demi Byrnes said:

if we were to get married in america samoa what visa's would we need to apply for adn would we still be able to live there after?

They have their own Immigration Office: https://www.americansamoa.gov/immigration-info

 

9 hours ago, Juli. said:

This is not right.  Just USC or LPR can apply for spouses visas.

If OP wanted to live in a US state, then the American Samoan would submit a I-130 after they marry to start the F2A process; see Matter of Ah San: https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/17/2388.pdf "I consider that a national while he does not have the rights of a citizen of the United States has at least the rights of a permanent resident of the United States, and that he has these rights regardless of whether he complies with the usual requirements relating to permanent residence. In other words, I do not believe that a national of the United States can ever forfeit his right to enter the United States or to be considered as a permanent resident of the United States unless he voluntarily renounces his allegiance to the United States as a national of the United States. So long as he retains his status as a national of the United States he should be considered to have the rights of a lawful permanent resident of the United States. It would, therefore not be necessary that he comply with such matters as maintaining a residence in the United States or having intention of returning to the United States or in connection with the filing of a visa petition that he establish that he is a resident of the United States."

Edited November 4, 2019 by HRQX

[SalishSea 17,842]

Weren't you also inquiring about a sister in law petitioning for you?  Are you visa shopping?

[aaron2020 11,651]

6 minutes ago, Jorgedig said:

Weren't you also inquiring about a sister in law petitioning for you?  Are you visa shopping?