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My partner is an asylum seeker in Ireland and haven't got approved yet. . I want to apply K1 fiance visa for him. Please guys let me know that, is it possible for us to file our case here in Ireland while he is on asylum process, or he has to apply K1 from his own country. additionally, I am an US citizen and currently working in Ireland. I haven't lived in US since last 18 years. So basically my questions are as follows :-

1- Are we eligible to apply k1 in Ireland or we have to apply from his home country which is India ?

2- Will his asylum in Ireland impact our K1 visa application ? 

3- Is it a problem that I haven't been living in US for long ?

 

Please guys help us out by giving suggestion as we are big confused at the moment that where to start. Thanks for everyone in advance :) 

 

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12 minutes ago, Boiler said:

When are you moving back, you will need a US domicile and income or a joint sponsor.

 

Which country is he from?

I am currently working for an American company here in Ireland, and I will be able to transfer to an American branch over there, when my fiance has got a visa to come. My income is well above the 100% and 125% poverty limits for the visa. We are currently living together, and I don't like the idea of living apart for the 5 months it will take to apply for K1. My family all live in the US and I think I will ask my Dad if I can put down his address for the form.

 

I don't believe joint sponsorship can be accepted for the fiance visa, as the affidavits of support for K1 are not legally binding in the same way as those for K3 applications.

 

What I am most interested in finding out is whether K1 applicants with a history of asylum in another country get accepted into the US. Has any heard of successful applications of this kind, or have you faced a similar situation?

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1.  No personal experience, but if he is currently legally resident in Ireland pending the asylum case, he should be able to have his medical and interview there.

 

2. It should not.

 

3. If you filed US taxes with the IRS, and since you can transfer within your company so financial sponsorship is not a problem, this should not be a major issue. You will need to prove that you will move back before or at the same time as your fiance; show transfer papers for work, evidence of having bought or rented a home, that sort of thing.

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7 minutes ago, Penguin_ie said:

1.  No personal experience, but if he is currently legally resident in Ireland pending the asylum case, he should be able to have his medical and interview there.

 

2. It should not.

 

3. If you filed US taxes with the IRS, and since you can transfer within your company so financial sponsorship is not a problem, this should not be a major issue. You will need to prove that you will move back before or at the same time as your fiance; show transfer papers for work, evidence of having bought or rented a home, that sort of thing.

Anyone who makes an asylum application does not have legal status in that country until their asylum case is granted, after which they will gain legal status in that country as a refugee. Asylum cases in Ireland currently take between 5-10 years for the applicant to be granted refugee status here.

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3 minutes ago, Boiler said:

Details matter to make any serious comment, 5 months would be very fast, what country is he from?

Apologies, I missed your question the first time. My fiance is originally from India, and is currently an asylum seeker living with me in Ireland.

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8 minutes ago, Love & PEACE said:

Anyone who makes an asylum application does not have legal status in that country until their asylum case is granted, after which they will gain legal status in that country as a refugee. Asylum cases in Ireland currently take between 5-10 years for the applicant to be granted refugee status here.

Then you cannot file your k1 for your fiancée there

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Cr1 might be better but you did not ak about that.

 

India is not a T Country so that is a positive, but will obviously raise a lot of questions with the Consulate as to how he could claim asylum and whether the K1 is just a clearer option.

 

So you could reasonably expect a longer process and lots of investigation.

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1 minute ago, Boiler said:

Cr1 might be better but you did not ak about that.

 

India is not a T Country so that is a positive, but will obviously raise a lot of questions with the Consulate as to how he could claim asylum and whether the K1 is just a clearer option.

 

So you could reasonably expect a longer process and lots of investigation.

What is a 'T country'?

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