I need this to matter to someone with the power to fix it

[ForeverHopeful 7]

My fiancé and I are a same sex couple. I'm a US citizen. He is an Iranian living in Iran. We're two men who fell in love, got engaged, and are waiting to get married in the US where it is safe and legal for gay couples to marry. I filed for a K1 visa the first week of January 2017. Trump took office and started a series of travel bans that blocked us. The K1 interview was in August 2017. The case was put in Administrative Processing. We were told it would be two weeks to four months for an answer. Months passed. The supreme court upheld the ban. I reached out to Senator Duckworth of IL for help in June of 2018. Her office took 4 months to respond. When they did finally engage and reach out to the embassy, the response from the embassy was non committal. Months continued to pass. Senator Duckworth's office was inconsistent in their support, often ignoring emails and phone calls for months at a time. We finally hired an attorney and filed a writ of mandamus in April 2019. That same month Trump declared the Islamic Revolutionary Guard Corps (IRGC) a terrorist organization. The IRGC is a branch of the Iranian Armed Forces. For reference, Iran requires mandatory military service for young men coming of age. It's not voluntary and you have no say in which branch of the military you get assigned. It's completely random. My fiancé was conscripted (forced) into the IRGC for his mandatory military service. That was 15 years ago. He served the minimum time and got out. He received no weapons training. He saw no combat. He never left his state or country. The Department of State dragged the mandamus suit out for 10 months. The judge finally ordered the embassy to adjudicate our visa petition in February 2020. Within approximately one business day, the embassy refused the visa based on Presidential Proclamation 9645 and INA 212(a)(3)(B). They offered no waiver. We suspected the 212 was because of his forced military service in IRGC. My partner is not a terrorist. He has never been nor will he ever be a terrorist. Our attorney wrote a really good legal brief detailing why he qualifies for an exemption under the law and sent it to the embassy. The embassy invited him for a second interview to discuss his military service in detail under oath. The interview occurred the first week of July 2021. It went very well but at the conclusion they handed back his passport and said the decision whether to give him the visa was not theirs to make. Only Washington could make that decision. We were devastated. After multiple emails to the embassy from the parking lot, multiple conversations with the embassy's receptionist, and waiting an additional 2 hours in 110+ degree heat, we gave up and headed back to the hotel. From the hotel, I reached out to Senator Duckworth's office again for assistance and summarized everything. They reached out to the State Department and the embassy. The embassy responded that they had submitted everything to their partners in Washington immediately after the 2nd interview. State never responded. That was 90 days ago. I am now back in the US. My fiancé is back in Iran. We are waiting with no idea how long it will take for an answer or what that answer will be. It's going on 5 years since we applied for the K1 visa. Five years. Days have turned into weeks, which have turned into months, which have turned into years of waiting. I can't begin to explain the pain we are in. This has impacted both his and my mental and physical health. I have reached out to Senator Duckworth's office four times this week and have received no response. Three emails and one voice mail. Complete silence. I emailed The White House and the President immediately after the 2nd interview back in July. I've received nothing except a generic auto reply. This week I have started emailing The White House daily. No response. It doesn't need to be this difficult. It shouldn't be this difficult. I need this to matter to someone in power. I need to know that we matter. My fiancé is not safe in Iran. Being gay in Iran is punishable by death. The US government knows this. This is not a hard call to make. 

[milimelo 4,477]

Do the Utah online marriage, visit again so it can be valid for immigration and file for spousal visa. 

[ForeverHopeful 7]

4 minutes ago, milimelo said:

Do the Utah online marriage, visit again so it can be valid for immigration and file for spousal visa. 

A spousal visa will not over come the INA 212(a)(3)(B). Yes, we want to get married but we also want to be able to live together. 

Edited October 2, 2021 by ForeverHopeful

[milimelo 4,477]

7 minutes ago, ForeverHopeful said:

A spousal visa will not over come the INA 212(a)(3)(B). Yes, we want to get married but we also want to be able to live together. 

You have a better chance fighting it if married than just engaged. 

[Cathi 5,747]

I agree with the others. If you're married the chance of approval will be better.

[ForeverHopeful 7]

13 minutes ago, Cathi said:

I agree with the others. If you're married the chance of approval will be better.

The issue isn't the legitimacy of our relationship. Our obstacles have been the travel ban and the terrorist activity charge. Switching to a spousal visa will do nothing to overcome the INA 212(a)(3)(B) finding and will in fact set us back 15 months or more. And then we will still have to fight the terrorist activity charge after the interview. I appreciate the effort to help but this isn't the path forward. 

[Rocio0010 5,579]

This might not be a DIY case anymore. If I were you, I’d seek an attorney. I think Jim Hacking might be able to help.

[ForeverHopeful 7]

17 minutes ago, ra0010 said:

This might not be a DIY case anymore. If I were you, I’d seek an attorney. I think Jim Hacking might be able to help.

 

Thanks. I have had an attorney engaged throughout this process. 

[Rocio0010 5,579]

4 minutes ago, ForeverHopeful said:

 

Thanks. I have had an attorney engaged throughout this process. 

Have you considered changing attorney? I mean, If it’s not moving I would consider a more “aggressive “ approach.

[ForeverHopeful 7]

34 minutes ago, ra0010 said:

Have you considered changing attorney? I mean, If it’s not moving I would consider a more “aggressive “ approach.

 

I haven't but I will consider it. Our attorney won the mandamus suit, got us back in the embassy for a 2nd interview, and the embassy has sent the case to Washington for a waiver. I don't know what another attorney could do that our current one hasn't. 

[Adventine 3,196]

That's probably what a consulation with another attorney could help you with - other strategies that your current attorney hasn't considered.

[Boiler 45,468]

Surprised there would be a waiver for this I would have thought your only option as far as the US is concerned is a revised finding.

 

May be one of those where you need to look at a third country 

[YYZ&MIA 117]

4 hours ago, ra0010 said:

This might not be a DIY case anymore. If I were you, I’d seek an attorney. I think Jim Hacking might be able to help.

First of, not that this will be of any help but I am sorry you are going through this and I applaud you for the strength to keep on fighting. I have also heard of Jim Hacking and agree that getting another lawyers input could be fruitful. 

[Rocio0010 5,579]

3 hours ago, ForeverHopeful said:

 

I haven't but I will consider it. Our attorney won the mandamus suit, got us back in the embassy for a 2nd interview, and the embassy has sent the case to Washington for a waiver. I don't know what another attorney could do that our current one hasn't. 

I would consult Jim Hacking. He has free consultation and he also answers questions during his live videos on YouTube. Check him out.

[JeanneAdil 6,492]

I will assume when u say attorney sent letter to Washington DC that it went to Department of State but u should clarify where it went

 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182&num=0&edition=prelim

 

Unforunately he was denied not just "on a rule embassy has to follow "   like a big age difference but a law 

 

8 USC 1182: Inadmissible aliensText contains those laws in effect on October 1, 2021

 

(VIII) has received military-type training (as defined in section 2339D(c)(1) of title 18) from or on behalf of any organization that, at the time the training was received, was a terrorist organization (as defined in clause (vi)); 

 

BTW military-type training as deifned is not just combat (look it up)

 

 

What is military training called?

 

Basic Training — often called boot camp — prepares recruits for all elements of service: physical, mental and emotional.

 

1st your Congressman has no control over this

2nd I wrote (like u ) to everyone who had control over immigration and i got back "polite letters" saying "we are all concerned over immigration issues (really???  - for 30 years and nothing changes) 

3rd   the powers to be are climbing a very competitive political ladder and getting any of them to go against an immigration law would jeporidize their career and repetition which is more important to them than your cause (and i am so sorry for this)

 

and marriage, as u say ,  would not overcome the 212(a)3(b)

the best advice may be to find a third country that both of u could live in