Obtaining K1 Fiancé visa after withdrawn asylum application

[Amanda24 0]

7 minutes ago, Umka36 said:

Cost?

Precisely. Cost. That is why. He had only about $40 left when he left. His family had to pay for the flight which only cost around $130. You can’t get any medical care from a psychiatrist in the US without insurance for $130. He simply couldn’t afford it and was in a bad state. He had to return home to see his Dr. he is still awaiting his appt. When he gets the paperwork from his doctor, we are wondering if he can return with that to continue his asylum case. We would like to get married in the US to make things easier and a lot less expensive on both of us. But if he can’t return, then we will opt for the K1 or CR1. 

[Amanda24 0]

2 minutes ago, missileman said:

Why can't he now just live in his country?

He did not want to return permanently. Only to receive his medical care from his Doctor. He wanted to continue with our relationship and marry, but returned home. Him continuing to live in Venezuela is out of the question. If we both were okay with him moving back home to Venezuela and ending our relationship, I would not be on this forum. 

[Umka36 781]

It's too late now, but couldn't you have assisted your fiancé financial in regards to his medical care?

[Amanda24 0]

14 minutes ago, Umka36 said:

It's too late now, but couldn't you have assisted your fiancé financial in regards to his medical care?

He did not tell me that was the reason for him leaving. He simply stated that he has lost everything here and needs to return home. The plane ticket was already purchased by his family by the time he told me. Trust me I tried EVERYTHING to make him stay. However, nothing could change his mind. This is mostly due to his condition in which he can not think correctly and will shut down and not communicate. I could not get him to talk for the week prior to him leaving. It became such an issue that his mom had to fly in to help him. I did not even know what he was going through until she called me when she arrived. 

[Teemo 252]

I didn't read the whole thread so I may have missed details or other people saying this, but returning to his home country is proof positive he does not have credible fear of going back. And temporary visit vs living there is irrelevant. That's one of the most important tentpoles in an asylum application.

[Boiler 43,401]

Well we have gone off topic a bit, the bottom line is that you want to marry so the issue is K1 or CR1?

 

If a waiver is needed you will only find out when he is interviewed by the Consulate, I would assume he does at least for the overstay.

[Lemonslice 4,549]

He might want to ask his psychiatrist for a summary of his file as he'll have to explain his condition during the medical exam. 

[Amanda24 0]

14 minutes ago, Lemonslice said:

He might want to ask his psychiatrist for a summary of his file as he'll have to explain his condition during the medical exam. 

Yes! Thank you. I believe I mentioned this in a prior post. I already told him to have his doctor write out on letter head and signed stating his diagnosis, that the disorder does not cause him to have any violent behavior to himself or others, that he is compliant with his treatment and that he has a good prognosis. I am hoping that due to the fact that I can issue Baker Acts in my line of work can also help during his interview, as I have never seen him exhibit any sort of behavior like that. I am hoping that will suffice when he has his medical exam

[jan22 2,897]

13 hours ago, Amanda24 said:

Yes! Thank you. I believe I mentioned this in a prior post. I already told him to have his doctor write out on letter head and signed stating his diagnosis, that the disorder does not cause him to have any violent behavior to himself or others, that he is compliant with his treatment and that he has a good prognosis. I am hoping that due to the fact that I can issue Baker Acts in my line of work can also help during his interview, as I have never seen him exhibit any sort of behavior like that. I am hoping that will suffice when he has his medical exam

Your ability to execute something under a FL law will likely have little effect on a federal process, sorry.  If you get over the asylee returning to the country he feared returning to, you have more than just the medical exam to get past, in terms of his medical issues, in getting an immigrant visa.  You will also have to prove that his medical condition will not make him a public charge (above and beyond what is required for the Affidavit of Support).  The consular officer will look at all facets of the issue.  For example, you said he was compliant with his treatment and his parents could send his medication to him (which is likely a violation of US law, if it requires a prescription in the US) -- but yet he also had to make an emergency trip home to deal with all of it, most likely at the expense of his claim to asylum.  As you indicate, similar care in the US will be expensive.  Plus, the officer may believe it will effect his employability, especially since you indicated that, due to his condition, he cannot think correctly, shuts down, and becomes uncommunicative.  I'm not trying to be cruel -- just trying to show how it might look to an outsider (the visa officer), who has to look at all aspects of the case in accordance with US law.

Edited June 9, 2018 by jan22

[Amanda24 0]

6 minutes ago, jan22 said:

Your ability to execute something under a FL law will likely have little effect on a federal process, sorry.  If you get over the asylee returning to the country he feared returning to, you have more than just the medical exam to get past, in terms of his medical issues, in getting an immigrant visa.  You will also have to prove that his medical condition will not make him a public charge (above and beyond what is required for the Affidavit of Support).  The consular officer will look at all facets of the issue.  For example, you said he was compliant with his treatment and his parents could send his medication to him (which is likely a violation of US law, if it requires a prescription in the US) -- but yet he also had to make an emergency trip home to deal with all of it, most likely at the expense of his claim to asylum.  As you indicate, similar care in the US will be expensive.  Plus, the officer may believe it will effect his employability, especially since you indicated that, due to his condition, he cannot think correctly, shuts down, and becomes uncommunicative.  I'm not trying to be cruel -- just trying to show how it might look to an outsider (the visa officer), who has to look at all aspects of the case in accordance with US law.

This is what I am concerned with. He was working all day long before. From 5 AM until 6 PM, then would come home and go do side jobs at restaurants until late at night. He can work just fine, but there’s nothing on the books obviously because it wasn’t legal and that would be bad for him to say he worked here anyway. I have health insurance through my job here, so he would have that, or if he works at a place that provides health insurance for full time employees, he could use that. He has no problem going to work whatsoever. I really don’t know what else to do to bring him back. If I marry him in another country, there is still no guarantee he can come here which is scary. 

[Going through 5,668]

With the previous asylum case showing immigrant intent, added in with him voluntarily returning the country he sought asylum from, coupled with the overstay, and now the illegal employment he's pretty much shot himself in the foot in hopes of crossing the border on a tourist visa/getting the asylum case approved if it remained open.

 

With the K-1 or CR-1, it begins to give him a step towards having a legal basis/status on which to enter the country with....right now he has none. An approved K-1/CR-1 is a bit tricky in your situation as he will have extra scrutiny given the recent asylum petition (it may appear that he is just trying to get into the US by any means), but not impossible to obtain.

 

Another alternative is the possibility of the two of you moving to a third country altogether.

Edited June 9, 2018 by Going through

[Amanda24 0]

52 minutes ago, Going through said:

With the previous asylum case showing immigrant intent, added in with him voluntarily returning the country he sought asylum from, coupled with the overstay, and now the illegal employment he's pretty much shot himself in the foot in hopes of crossing the border on a tourist visa/getting the asylum case approved if it remained open.

 

With the K-1 or CR-1, it begins to give him a step towards having a legal basis/status on which to enter the country with....right now he has none. An approved K-1/CR-1 is a bit tricky in your situation as he will have extra scrutiny given the recent asylum petition (it may appear that he is just trying to get into the US by any means), but not impossible to obtain.

 

Another alternative is the possibility of the two of you moving to a third country altogether.

I know the asylum case is completely compromised at this point. There is likely zero chance of him winning that. What I’m wondering is if he is permitted back in saying he is still claiming asylum, or even if he is sent to an immigration detention center and has a bond set while he waits to have his case heard by a judge, can I at that point post the bond and then marry him while he is in the US? That is the main thing I need to figure out. That would probably be the easiest thing at this point. The fiancé visa and CR-1 visa are going to need waivers etc and all of the fees, and it’s not guaranteed. Not really sure what to do. 

[Jojo92122 1,924]

1 hour ago, Amanda24 said:

I know the asylum case is completely compromised at this point. There is likely zero chance of him winning that. What I’m wondering is if he is permitted back in saying he is still claiming asylum, or even if he is sent to an immigration detention center and has a bond set while he waits to have his case heard by a judge, can I at that point post the bond and then marry him while he is in the US? That is the main thing I need to figure out. That would probably be the easiest thing at this point. The fiancé visa and CR-1 visa are going to need waivers etc and all of the fees, and it’s not guaranteed. Not really sure what to do. 

You have been given lots of good advice, and you seem to be ignoring it.

 

The visitor visa is void because he overstayed his I-94.

 

The asylum case is over since he returned home after saying he had a legitimate fear of returning.  This may even be deemed frivolous since he did return home.

 

He will not be permitted back.  If he can get on a plane, he will be refused entry based on 1) a voided visitor visa, 2) previous overstay, and 3) a prior asylum case.  He will be sent back at his expense.  If he does not withdraw his entry request, he will be put into detention.  Right now, people in immigration custody are being sent to federal prison and then deported.  You need to get over this fantasy that he will be let in.  He will not be let in based on his immigration history.

 

The CR-1 is your only real hope.  Be prepared to deal with a waiver because of his abandoned asylum case.  Nothing in immigration is guaranteed, so accept that as part of the process.  

 

File for the K1 or go marry him and file for the CR-1.  Him coming to you in the US so you can file AOS for him is not going to happen.

Edited June 9, 2018 by Jojo92122

[Jojo92122 1,924]

On 6/8/2018 at 11:49 AM, Amanda24 said:

He has his asylum case still open at this time. Because he is still an asylum applicant with an active case, I believe they will still allow him to re enter, but will place him in a detention center. That is what I am trying to figure out. 

The asylum case ended when he choose to return home.  The only reason the case is still open is because the office handling the case has not been informed that he left the US.  He abandoned his asylum case when he chose to leave the US.

[Jojo92122 1,924]

On 6/8/2018 at 11:53 AM, Amanda24 said:

How can they prove that he factually misrepresented himself? He has all of the evidence needed. Just based on the fact that he returned to Venezuela, that would mean it was fraudulent?

Yes.  He claimed that he had a reasonable fear of persecution, bodily harm, death, etc. if he returned home.  Then, he returned home.  How is that he fear for his life and can not return, yet he choose to do that?  So, yes, his asylum petition may be deemed fraudulent because he returned home.