European boyfriend can't enter US without tourist visa. Does getting married help?

[nineohtwo 8]

Hi everyone!

 

I am an American/Italian dual citizen and my boyfriend of almost 8 years is Dutch. We live together in Italy.

 

He visited Iraq with a friend in 2013. Because of this he is no longer allowed to enter the US without a visa. It's getting to be that time in our relationship where we want to get married and eventually move to NYC where I am from but he of course wants to visit NYC first a few times before we make the move. He's been to the US before, but not the East Coast. The problem is of course that he now cannot get in to the US because of the visa waiver issue. We had two appointments for a tourist visa for him; both got cancelled (understandably so with the pandemic). One was in the Netherlands and one was in Italy after he became an Italian resident.

 

We would not want to travel until the pandemic is over, but getting the visa was going to be the first hurdle. We have absolutely no idea when visa processing will start up again. This leaves us in a horrible situation because it means our life plans are on hold--we hadn't even planned on staying in Italy this long and yet here we are (but things could be worse!). 

 

Any ideas? Should we get married and apply for a spousal visa, perhaps?

Edited March 23, 2021 by nineohtwo

[nineohtwo 8]

Hi all. I've posted before on this forum to figure out which out of the K1/Spousal Visa would work for us and this forum had been immensely helpful (turns out the spousal visa was the winner!). Just to recap: I am a dual US/Italian citizen, boyfriend of 8 years is a Dutch citizen and we live together in Italy. We planned on staying here for only one or two more years and then starting our official move to NYC but Covid threw a wrench in that 🤠

 

I'm wondering if you all can help us manage our situation or give some guidance. He visited Iraq in 2013 and as a result can no longer travel to the US without a visitor visa. Before moving to the US together in the coming future we wanted to make a few trips just to see if it's a good fit for him (otherwise we would just stay in Europe though I really would love to move back to NYC). He has been to the US before but only to the West Coast. To that end we've made two visitor visa appointments for him which have both now been cancelled--first in Amsterdam while he still had official Dutch residency and then after that cancellation we got him Italian residency and an appointment in Milan which is now also cancelled. Even if we got the visa we would not use it until the pandemic calms down but just having it would have been such a relief for us because it would mean we could fly on a moment's notice to the US.

 

I hate that our life seemingly hangs in the balance based on when the US consulate(s) will start processing visitor visas again. If we were to get married, could we apply for a spousal visa and bypass the visitor visa necessity? We've been together long enough already that this might just be the push to get married we needed. We were planning on marrying in the US during one of his trips to NYC or Vegas but now it looks like we might just get married here in city hall in Turin if needed. Any help is appreciated! Thanks.

Edited March 23, 2021 by nineohtwo

[Dashinka 24,512]

A B2 application and a CR1/IR1 application are separate.  Yes, if you get married, you can submit the I130 et. al. for the spousal visa, and that processing will take anywhere from 12-24 months (some shorter, some longer).  The issue is, he would not be able to actually enter the US until the spousal visa is issued.  He can still apply for a B2 independently, but as you stated, until consulates return to normal processing, it is just a guess as to when that application will be decided.  In your situation I would start the spousal visa process soon since you are planning to move to the US in 1-2 years.

 

Good Luck!

[nineohtwo 8]

Ah, okay. Cool! What a relief. 

 

Since he's a resident in Italy would he have his interview here when the time comes? Or the Netherlands as he is a Dutch citizen?

 

Also, I don't want to move to the US first and wait for him. Our main goal if at all possible is to stay physically together throughout this process. I'm concerned about showing ties to the US/US domicile. I'm wondering if this is enough:

• Every year I take a minimum of 4 trips back to the States (pre-Covid, that is)
• I hold a US bank account/retirement account/investment account
• I vote in US elections
• I have a US apartment I pay rent on

 

Anything else I should be doing?

Edited March 23, 2021 by nineohtwo

[nineohtwo 8]

Ah! One more thing: in doing a bit of research I've found that it is way easier to get married via Zoom (US marriage) than to get married physically in city hall here in Turin. The paperwork required to marry in Italy is far more difficult to obtain. 

 

Is a Zoom marriage okay for US immigration purposes?

[Dashinka 24,512]

37 minutes ago, nineohtwo said:

Ah, okay. Cool! What a relief. 

 

Since he's a resident in Italy would he have his interview here when the time comes? Or the Netherlands as he is a Dutch citizen?

 

Also, I don't want to move to the US first and wait for him. Our main goal if at all possible is to stay physically together throughout this process. I'm concerned about showing ties to the US/US domicile. I'm wondering if this is enough:

• Every year I take a minimum of 4 trips back to the States (pre-Covid, that is)
• I hold a US bank account/retirement account/investment account
• I vote in US elections
• I have a US apartment I pay rent on

 

Anything else I should be doing?

You can stay together during the process in Italy or the Netherlands, or where ever, but when the time comes for him to actually apply for the spousal visa (DS260/medical exam), you will have to prove intent to re-establish domicile back in the US.  The fact that you have the items you listed (especially an apartment you are still renting) is generally good for that, but do not forget about filing US taxes.  I would search in your preferred search engine or using the search function here on VJ "re-establishing domicile US spousal visa" (you can probably leave out the US spousal visa part if searching on VJ), and there should be several sites discussing this item.  As to the location of the eventual interview for the spousal visa, that depends on where you are living when that time comes and where he has legal residency.  If still in Italy and as you say, then it should be in Italy.  Once the visa is actually issued, you will have to either proceed him to the US, or come at the same time, to my knowledge, he cannot enter first.

 

37 minutes ago, nineohtwo said:

Ah! One more thing: in doing a bit of research I've found that it is way easier to get married via Zoom (US marriage) than to get married physically in city hall here in Turin. The paperwork required to marry in Italy is far more difficult to obtain. 

 

Is a Zoom marriage okay for US immigration purposes?

As far as I know, Zoom wedding are in fact legal for immigration purposes as long as there is a physical meeting between the married parties after the Zoom wedding ceremony.  Of course, this should not be an issue for you considering your situation, so I would certainly look into it.  There is another recent thread about this exact subject.

 

Good Luck!

 

 

 

[Penguin_ie 5,993]

****** two threads merged (please do not start more than one thread on the same or similar topics- and moved to What Visa forum as Op doesn;t seem sure on what visa they want yet ******

Op, to keep in mind with the spousal visa- it is an immigrant, one use visa.  You cannot use it to visit the US a few times to see how your husband likes it.

[SalishSea 17,836]

4 hours ago, nineohtwo said:

Hi everyone!

 

I am an American/Italian dual citizen and my boyfriend of almost 8 years is Dutch. We live together in Italy.

 

He visited Iraq with a friend in 2013. Because of this he is no longer allowed to enter the US without a visa. It's getting to be that time in our relationship where we want to get married and eventually move to NYC where I am from but he of course wants to visit NYC first a few times before we make the move. He's been to the US before, but not the East Coast. The problem is of course that he now cannot get in to the US because of the visa waiver issue. We had two appointments for a tourist visa for him; both got cancelled (understandably so with the pandemic). One was in the Netherlands and one was in Italy after he became an Italian resident.

 

We would not want to travel until the pandemic is over, but getting the visa was going to be the first hurdle. We have absolutely no idea when visa processing will start up again. This leaves us in a horrible situation because it means our life plans are on hold--we hadn't even planned on staying in Italy this long and yet here we are (but things could be worse!). 

 

Any ideas? Should we get married and apply for a spousal visa, perhaps?

If the goal is for him to just visit the US, the spousal visa does not make sense, nor will it be any faster than getting a B2 will be.

[Juliet57 304]

Getting married and applying for CR1 seems to be your best option, but this is an immigrant visa which means your partner will use it to enter the US and establish domicile there. Look up the timelines to see how long it takes from filing to interview date in Italy, he would have his interview in Italy where he lives as a legal resident. 

Lots and lots of people are separated during the process, many have never even lived with their spouse prior to filing other than a couple weeks visit every few months, so separating during the process wouldn't be the end of the world, just in case you do have to move to the US before him.

[jadmac 8]

5 hours ago, Dashinka said:

A B2 application and a CR1/IR1 application are separate.  Yes, if you get married, you can submit the I130 et. al. for the spousal visa, and that processing will take anywhere from 12-24 months (some shorter, some longer).  The issue is, he would not be able to actually enter the US until the spousal visa is issued.  He can still apply for a B2 independently, but as you stated, until consulates return to normal processing, it is just a guess as to when that application will be decided.  In your situation I would start the spousal visa process soon since you are planning to move to the US in 1-2 years.

 

Good Luck!

I only posted in this forum last week with a similar question and many people responded saying that they visited the US with no issues while they were waiting for their spousal visa. 

Can I ask why you have a different view? 

[HandmadeTurnip 150]

10 minutes ago, jadmac said:

I only posted in this forum last week with a similar question and many people responded saying that they visited the US with no issues while they were waiting for their spousal visa. 

Can I ask why you have a different view? 

You were asking about visiting under the Visa Waiver Program, which is very different to applying for a B-2 visa while most consulates are not even processing them.

[SalishSea 17,836]

20 minutes ago, jadmac said:

I only posted in this forum last week with a similar question and many people responded saying that they visited the US with no issues while they were waiting for their spousal visa. 

Can I ask why you have a different view? 

Different view - totally different scenario.  OP's boyfriend lost his ESTA/VWP privileges due to traveling to Iraq.  If he wants to visit the United States, he will have to apply for a B visa, which many consulates are not interviewing for at the moment.

[SusieQQQ 11,586]

10 minutes ago, Jorgedig said:

Different view - totally different scenario.  OP's boyfriend lost his ESTA/VWP privileges due to traveling to Iraq.  If he wants to visit the United States, he will have to apply for a B visa, which many consulates are not interviewing for at the moment.

Yeah I don’t believe anyone said he would have a problem visiting- the problem is finding a consulate doing B visas, especially in schengen right now where “just” a boyfriend or fiancé is not enough to overcome the Covid entry ban on those who have been in the area two weeks prior. If they get married that ban is no longer an issue, but the halt of B visa issuance at embassies is still a problem. 
 

 

Edited March 23, 2021 by SusieQQQ

[nineohtwo 8]

4 hours ago, Dashinka said:

You can stay together during the process in Italy or the Netherlands, or where ever, but when the time comes for him to actually apply for the spousal visa (DS260/medical exam), you will have to prove intent to re-establish domicile back in the US.  The fact that you have the items you listed (especially an apartment you are still renting) is generally good for that, but do not forget about filing US taxes.  I would search in your preferred search engine or using the search function here on VJ "re-establishing domicile US spousal visa" (you can probably leave out the US spousal visa part if searching on VJ), and there should be several sites discussing this item.  As to the location of the eventual interview for the spousal visa, that depends on where you are living when that time comes and where he has legal residency.  If still in Italy and as you say, then it should be in Italy.  Once the visa is actually issued, you will have to either proceed him to the US, or come at the same time, to my knowledge, he cannot enter first.

 

As far as I know, Zoom wedding are in fact legal for immigration purposes as long as there is a physical meeting between the married parties after the Zoom wedding ceremony.  Of course, this should not be an issue for you considering your situation, so I would certainly look into it.  There is another recent thread about this exact subject.

 

Good Luck!

 

 

 

Thank you for the reply! I forgot to mention that I do pay US taxes at my US address, so that's good! I will look into the Zoom wedding. 

[nineohtwo 8]

3 hours ago, Jorgedig said:

If the goal is for him to just visit the US, the spousal visa does not make sense, nor will it be any faster than getting a B2 will be.

 

I agree. At the end of the day, the immediate goal is to get him to visit the US as quickly as possible. I hate that he visited Iraq (No offense to Iraq! He had a wonderful time in Erbil with his friend and still raves about it to this day) because it just makes things so much harder. 

 

We want to be absolutely sure he likes living in the US before making concrete plans to move our lives there, hence why we want to take multiple trips first. I have a good job that I work remotely and I speak Italian fluently so living in Italy is not a huge life hurdle for me; I could stay here indefinitely though I really would love to return to the US. 

 

If we were to get married and start the spousal visa process and by some miracle the consulate allowed him a tourist visa, it would be nigh impossible for him to come to the US, right? Am I correct in stating that CBP officers don't look very kindly on people with a pending spousal visa visiting? So, our two options are basically: get the zoom wedding, DON'T do the spousal visa yet and instead wait for the tourist visa to be processed at some as of yet uncertain date and then visit the US to my heart's content... or get married and start the spousal visa and hope he likes the US because he can't visit! 😝

Edited March 23, 2021 by nineohtwo