filed a k-1 can she apply for refugee status

[HiltonHead 3]

We filed a k-1 application 1 month ago.  She is from Ukraine and is now in Poland.  She has not and does not want to apply for refugee status in the EU because if things change and she returns to Ukraine she will lose her refugee status.  Since refugee is an immigrant process can she apply for refugee status in the US.  Come here and at some point we get married.. At that time she loses her refugee status.  Will we have to make any visa filings at that time or is it just like marrying anyone in the US.  With refugee status does she get a green card and then go down that path to US citizenship?  appreciate the advice.  

[Boiler 45,525]

She would apply to the UNHCR for refugee status

 

Nor sure what if anything they would do as she has 3 years to stay and work in the EU and EU is a common favored destination for refugees so it would be a bit pointless 

[HiltonHead 3]

She wants to apply for asylum/refugee status in the USA not in the EU.

[Boiler 45,525]

Just now, HiltonHead said:

She wants to apply for asylum/refugee status in the USA not in the EU.

Refugees as I have said are handled by the    UNHCR.

 

Asylum well first you have to be in the US and would need a Lawyer well versed in this topic.

[powerpuff 6,708]

40 minutes ago, HiltonHead said:

Since refugee is an immigrant process can she apply for refugee status in the US.  Come here and at some point we get married.. At that time she loses her refugee status.  Will we have to make any visa filings at that time or is it just like marrying anyone in the US.

 

3 minutes ago, HiltonHead said:

She wants to apply for asylum/refugee status in the USA not in the EU.

No, that’s not possible as that’s not how refugee system works. She will have to first register with UNHCR who will determine if she qualifies for a refugee status, there are several interview rounds etc. Once selected she’s then referred to a US governmental agency. The whole process takes years and less that 1% of refugees are considered for formal resettlement to a third country like the US. The hardest way to come to the US is through a refugee program because of how selective and long the process is. 

[Boiler 45,525]

 Refugees cannot choose the country which UNHCR will ask to consider their case, although they have the right to decide whether or not they wish to be resettled.

[SteveInBostonI130 3,459]

23 hours ago, HiltonHead said:

We filed a k-1 application 1 month ago.  She is from Ukraine and is now in Poland.  She has not and does not want to apply for refugee status in the EU because if things change and she returns to Ukraine she will lose her refugee status.  Since refugee is an immigrant process can she apply for refugee status in the US.  Come here and at some point we get married.. At that time she loses her refugee status.  Will we have to make any visa filings at that time or is it just like marrying anyone in the US.  With refugee status does she get a green card and then go down that path to US citizenship?  appreciate the advice.  

 

Short answer, No.

 

Long answer, what others have posted.

 

"If things change and she returns to Ukraine she will lose her refugee status"...so, that is a good thing?  Refugee status is to find a home country for the homeless.  If things improve enough for Ukraine that she can return, then she will have her home country back.

 

Also, practically speaking, with the priority given to Ukrainian K1 and family based immigration visas, her likelihood to get approved and be able to immigrate to the US will be better and quicker than any asylum or refugee case for the US.  At least, I hope things will go quickly.