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Vader2000

Can deserters of foreign countries adjust status based on marriage with a US citizen?

By Vader2000 in What Visa Do I Need - Family Based Immigration

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Vader2000 Newbie

Vader2000   0

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Hi community!

I have been dating my boyfriend for two years. He has been granted asylum in Europe. We now live in Europe but I would like to return to the USA, if possible, to resume my career, because I am having a hard time finding a job here.  I am not sure how his situation would affect the process and how to go about it. Should we abandon this idea?

 

Thanks!

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Boiler Grand Master

Boiler   45,446

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Filed: K-1 Visa Country: Wales
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Might depend which country he deserted from.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Crazy Cat Grand Master

Crazy Cat   41,813

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Filed: Citizen (apr) Country: Taiwan
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3 minutes ago, Vader2000 said:

Is there a list of undesirable countries? 

There is a list of countries which take longer to process. Which country?   We don't judge, here on VJ.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,813

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Filed: Citizen (apr) Country: Taiwan
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1 minute ago, Vader2000 said:

Thanks for saying that. :)

Ukraine.

Ukraine is not on the list I was thinking about.  @Boiler knows this stuff.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,446

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Filed: K-1 Visa Country: Wales
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Just now, Vader2000 said:

Thanks for saying that. :)

Ukraine.

That is not going to look so good.

 

U4U may be a quicker option 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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SteveInBostonI130 Experienced

SteveInBostonI130   3,432

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Filed: IR-1/CR-1 Visa Country: Ukraine
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21 hours ago, Vader2000 said:

 

 

Hi community!

I have been dating my boyfriend for two years. He has been granted asylum in Europe. We now live in Europe but I would like to return to the USA, if possible, to resume my career, because I am having a hard time finding a job here.  I am not sure how his situation would affect the process and how to go about it. Should we abandon this idea?

 

Thanks!

 

 

By "deserter" do you mean he has gone awol from UA military service and snuck out of the country?

 

Or is he a refugee/in temporary protected status?

 

In general, no, you cannot plan to travel to the US and adjust status.  That is visa fraud, unless your BF has a fiance visa.

 

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Crazy Cat Grand Master

Crazy Cat   41,813

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Filed: Citizen (apr) Country: Taiwan
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42 minutes ago, SteveInBostonI130 said:

 

By "deserter" do you mean he has gone awol from UA military service and snuck out of the country?

You beat me to the question I just thought about a few minutes ago. Don't they still require military records at consulate interview??

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Vader2000 Newbie

Vader2000   0

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On 7/12/2023 at 3:11 PM, SteveInBostonI130 said:

 

 

By "deserter" do you mean he has gone awol from UA military service and snuck out of the country?

 

Or is he a refugee/in temporary protected status?

 

In general, no, you cannot plan to travel to the US and adjust status.  That is visa fraud, unless your BF has a fiance visa.

 

Maybe I am missing something but what makes a real marriage between two people a visa fraud?  I understand that his situation makes the adjustment of status complicated or nearly impossible, but fraud?

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Crazy Cat Grand Master

Crazy Cat   41,813

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
1 hour ago, Vader2000 said:

Maybe I am missing something but what makes a real marriage between two people a visa fraud?  I understand that his situation makes the adjustment of status complicated or nearly impossible, but fraud?

Entering the US as a visitor with the intent to stay and adjust status is illegal, and it is visa fraud.  Misuse of a visa.  Misrepresentation...

What did you mean by "deserted"... as in military???

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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SteveInBostonI130 Experienced

SteveInBostonI130   3,432

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Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted
2 hours ago, Vader2000 said:

Maybe I am missing something but what makes a real marriage between two people a visa fraud?  I understand that his situation makes the adjustment of status complicated or nearly impossible, but fraud?

 

Marriage isn't the fraud.  Fraud is entering the US on a non-immigrant or dual intent visa (like a K1 or certain work visas) to adjusting status.

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SteveInBostonI130 Experienced

SteveInBostonI130   3,432

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Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted
3 hours ago, Vader2000 said:

Maybe I am missing something but what makes a real marriage between two people a visa fraud?  I understand that his situation makes the adjustment of status complicated or nearly impossible, but fraud?

 

 

You keep dodging the questions about your husband being a "deserter".  This information is needed for us to provide informed responses.

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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On 7/11/2023 at 10:19 AM, Vader2000 said:

 

 

Hi community!

I have been dating my boyfriend for two years. He has been granted asylum in Europe. We now live in Europe but I would like to return to the USA, if possible, to resume my career, because I am having a hard time finding a job here.  I am not sure how his situation would affect the process and how to go about it. Should we abandon this idea?

 

Thanks!

Under what grounds was he granted asylum? 

Depending on the documentation he currently has.

This could slow down the process. (Does he have a birth certificate, valid passport, police records?)

As you are together in Europe- I suggest you get married to each other. If it is difficult for whatever reason to get married in the current country you are in together. You can get married via Utah. Then you can petition him... 

You can look at the U4U might not be an option if you currently are not employed (in the US). 

You might be able to file DCF after you marry (depending on the country you are currently in). 

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