Does the fiancee have to be in her country to be able to file for a fiancee visa?

[Taradao 4]

Hi Jeanne,

I have read somewhere recently that if an illegal is caught, they spend little time in jail because the jails are overcrowded.

I don't wish her any bad luck because I want her to succeed in life. But if she is caught and return to Morocco, it would be a blessing in disguise for me. I wish  her the best of luck, even it is without me. 

[SusieQQQ 11,586]

1 hour ago, Taradao said:

I was ready to let go of the relationship until words like " I miss you so much," and " I love you" came into the emails.

Straying from immigration stuff but this is kind of red flag to me. As for greener pastures - the greenest pasture is a legal one.

[SusieQQQ 11,586]

Surely much more likely to deport her to morocco than put her in a Spanish jail if she’s caught ? Why spend taxpayer money on jailing someone who is not a danger that needs to be removed from society?

 

 

Edited December 26, 2020 by SusieQQQ

[Taradao 4]

I don't know the Spanish laws. From what I read they are lenient if they are caught and release within a few weeks or less. This may maybe all conjecture from the person that wrote the article. 

[Taradao 4]

Susie, 

I agree with you that the greener pasture is the legal one. I won't make that decision for her.

She must decide if the price is too high to be a Spanish resident or go back to Morocco. Either way, I will support her morally in whatever she decides.

[SteveInBostonI130 3,467]

Hi,

 

I do not know the specifics of your relationship, but there are some red flags that will linger to the interview stage of a K1 or CR1 visa, if this gets there.

 

Online only relationship, emails of "I love you" when you thought the relationship wasn't going anywhere, a large age difference, religion and culture differences, a "10" in looks....and current history of immigration issues.

 

I am sorry, but someone who is young, intelligent and beautiful have plenty of dating options.  Talking of marriage with an older, online guy from another country is highly unusual.  

 

Before wasting time and resources with what ifs about immigration, get on a plane and go meet her as soon as you can. If things go well, and by well I mean you feel mutual love and affection and there is absolutely no doubt, then plan together about how best to be with each other.

 

Good Luck.

 

 

[Taradao 4]

Hello Steven,

This is not a person that I just met online. We first got our friendship in May 2017. Almost four years ago.  We met on a forum on e-commerce. She asks if I had built an online store.

I had planned a visit this past summer until the pandemic happened. 

We have been calling several times a week since then until several months ago she went missing. Didn't know she had Covid and died.

Finally heard from her that she migrated to Spain illegally.

 I wish her the best in what she planned for her life. I am not going to change her mind about going back to Morocco. K1 is not a guaranteed thing.

I am still trying to process what is my next move. Plenty of women around here and elsewhere around the world and I had to pick one that escapes to Spain.

 

Going to visit her once I am vaccinated. Really don't know what my next move is going to be.  I Will visit and see where the future holds.

Thank you for your advice and concern.

[Taradao 4]

4 hours ago, JeanneAdil said:

She was kicked out of her dad's house and i am guessing it is because chatting to you and father did not like the age difference

 

things you need to know:

1  of course she can not interview in Spain as others have pointed out

2  and even if ,  she could go back and interview in Morocco (or any other place),  she needs criminal reports from spain and Morocco (2 from morocco alone) / how is she going to get these as she is not legal in Spain to get one and not in Morocco to go to police station for the one there (K1 or CR1 the same for both visas the reports are required)

3.   a muslim woman can not marry a non muslim man and i am just guessing from your photo that you are not / i will stand corrected if wrong on this issue

4   not sure why you say,  "she is my spouse although not legally / have you even met?    have you talked about sleeping together (bluntly put -sex) as that could be why she was kicked out of her dad's house 

5.  if the Moroccan family does not approve,  no visa

6.  What former consular officer ?  they are not allowed to advise / anyway i am older than my moroccan husband and it took us 6 years to get a visa because of the age difference/   filed for K1 in 2009 denied and finally had an IR1 approved in 2015

to sum it up

no criminal reports- denied for not being able to get them

the family does not approve and in your case,  any Morocco CO will call and ask them

can not marry in Spain as not legal

the age difference is HUGE-this is not an uphill battle- it is a lost cause unless you are willing to go live with her 

Religious differences =not sure but if she was born Muslim (and if the family is she is with no ability to choose)

Her mother knows about me a few years back and she is happy for us. She didn't tell her father about me because he always in an angry mood and they hate each other. One time we were video chatting on Whatsapp and she heard her father talking and she quickly hangs up.

The former consulate officer is a writer on Quora and she gives opinions freely about consulate matters. She stated that the age difference is not a big deal if the relationship is bonafide.

About marriage, she is okay with being married in a Christian church even in Morocco. That's her idea. I said it would be better if we get married in the US.

I have never met her in person yet. Was planning to visit her this past summer until Covid ruin that plan.

I don't believe in having sex before marriage. Even after more than 3 years, I have NEVER requested video sex. I am an honorable man.

 

About the family approving union for the K1 visa, I believe if that time comes they will approve of our union. Although I am much older, I look young because I take care of myself.

I know I have more of an uphill battle since she left for Spain. I don't know what to do next.

All I want is for her to be happy either in Spain with someone else or be with me.  

When a person loves someone they should always be happy for whatever decision that person makes. 

People on this thread have stated that if she is caught she might end up in jail or deported back to Morocco. As I stated before, I have read somewhere in an article, that the jail that person for a week or so and release them because the jail is overcrowded. I don't know if that is true.

I am just an average looking guy but had another young gal from Laayoune that had a crush on me recently. I told her I was still heartbroken and not ready for any chatting or relationship.

Btw, I still learning how to use this forum although I have a question here two years back about the age difference.

 

As of now, I plan a visit as soon as I am vaccinated but if we meet and there is no prospect of bringing her to the US, a quick dinner, a few laughs, and a hug is all I am going to allow this to proceed. There is no need for me to get emotionally more tangled than I am already.

You guys were persistent to get that visa.  So you better down in Morocco or the US? Kudos to you.

Thank you for your concern and analysis of my HUGE problem. Only Allah and God knows where this may lead.  Thanks again.

[Taradao 4]

7 hours ago, Jorgedig said:

If she is your spouse, you do not qualify for a K-1 anyway.

 

As others have said, she would need to become a legal resident of Spain in order to interview there.

 

Whatever stumbling blocks to a US visa you think she'd face at the Casablanca embassy do not go away even if she interviews in a different country.

I have read all the bad news. Doesn't look good on my behalf. I can't wait for 5 years and I will not dissuade her to return to Morocco.  That is her option and she decided to leave for Spain.The K1  is never a guaranteed visa. Thanks for your concern. 

[Taradao 4]

7 hours ago, Loren Y said:

I didn't do a sposal Visa, but I believe the same rules apply for any visa you want to get issued from tourist to student, to work, to immigration Visa's. I understand your point, I agree with you, you love who you love and a little illegal entry into a country shouldn't stand in the way of that. My now wife had a overstay on her records when we did the K1, before we even met. It wasn't in the US, and the embassy didn't seem to care about it. It was minor, but still an overstay of a visa in another country. Even if you marry her, she still has to return to a country she has legal status into interview. She may need legal status to get married in the country she is in now, I am not sure about that.

I understand what you are saying. I am just learning how to respond to the answers posted.

[Taradao 4]

1 hour ago, SteveInBostonI130 said:

Hi,

 

I do not know the specifics of your relationship, but there are some red flags that will linger to the interview stage of a K1 or CR1 visa, if this gets there.

 

Online only relationship, emails of "I love you" when you thought the relationship wasn't going anywhere, a large age difference, religion and culture differences, a "10" in looks....and current history of immigration issues.

 

I am sorry, but someone who is young, intelligent and beautiful have plenty of dating options.  Talking of marriage with an older, online guy from another country is highly unusual.  

 

Before wasting time and resources with what ifs about immigration, get on a plane and go meet her as soon as you can. If things go well, and by well I mean you feel mutual love and affection and there is absolutely no doubt, then plan together about how best to be with each other.

 

Good Luck.

 

 

I responded to you on the thread. I didn't know how to navigate this forum. Lol

Thanks again for your opinion and concern.

[Demise 1,295]

10 hours ago, Taradao said:

I have been in a long-distance romance with a Moroccan woman for nearly four years. I was planning to visit her this year and the covid thwarted that opportunity. 

She argued with her father and he kicked her out of the house. Facing starvation and homelessness, she migrated to Spain illegally.

My question: can a fiancee visa be file in Spain and the US consulate grant her an interview. Returning to Spain is not an option because she has no means of supporting herself and face a difficult environment.    Thanks again if you know the answer.

Well depends on what you mean. In order to attend the consular interview, she needs to be somehow legally present within the country in question, but you could file I-129F while she's basically anywhere in the world legally or not but she would need to swing by Morocco to attend the interview and get her visa.

[Taradao 4]

10 minutes ago, Demise said:

Well depends on what you mean. In order to attend the consular interview, she needs to be somehow legally present within the country in question, but you could file I-129F while she's basically anywhere in the world legally or not but she would need to swing by Morocco to attend the interview and get her visa.

She is in Spain illegally for a reason. I don't think she would return to Morocco for a consular interview. The K1 is not a guaranteed deal. 

To be a Spanish resident and be formally recognized, one must be present in the country for 5 uninterrupted years ( I did the research) 

Btw, what is the I-129F? 

[Demise 1,295]

Just now, Taradao said:

She is in Spain illegally for a reason. I don't think she would return to Morocco for a consular interview. The K1 is not a guaranteed deal. 

To be a Spanish resident and be formally recognized, one must be present in the country for 5 uninterrupted years ( I did the research) 

Btw, what is the I-129F? 

I mean I understand that there are circumstances where one might have to break the law, but the law and procedures for interviews are what they are, if she can get legal status in Spain, great, if not then well she'll have to swing by Morocco, get the K-1 (fiancee) visa, and get on the first flight to the States. K-1s also aren't really difficult cases unless there's some criminal or other inadmissibility reasons, so I would recommend keeping a more positive mindset.

 

I-129F is the form you file to start the process to petition for a fiance visa for her.

[Taradao 4]

Thanks for the prompt response but I must meet her for the first time lol. K1 is about a year to 18 months to get the interview. Last I heard off. Plus Casablanca is limiting interviews because of Covid.   The people that applied before Covid are having their interviews. Otherwise, it shutdown city. Having said that, most paperwork takes time to process prior to the interview.

Going to Spain illegally is not exactly a minor misdemeanor. I don't know the exact laws. 

If we decide to go route, I know the Visa Journey because I used to live in Vegas and they have an office there.

But I don't believe she intends to swing by Morocco and break her resident status from Spain.

And I will NOT persuade her otherwise. 

 

I found that a spousal visa which takes longer if she becomes a resident for two years. But how one declares to be resident if they are illegal in the country. I am scratching my head on that subject.