Very confused which VISA we need!

[Saffeyah 0]

Hi all. I am sure this question has been asked many times...maybe not...lol.

So, I met my darling Zakaria in May 2016 and we obviously fell in love and because we are both Muslim we decided to marry Islamically  (religious papers only) so that I could travel to Morocco to be together. I am a US Citizen....and yes at some point we need to return to the states together as I have family there and wish him to meet them. He has ties to Morocco in that he is a sponsored student in a school here (the King chose only 15 people from 10,000 to attend) anyways. I left my job in the US, but do receive some income from another job. Anyways....I read that I cannot apply for a petition while out of the US? Or do I apply at the Embassy to petition to get him a Fiancee visa? Is he considered my actual spouse since we are only married religiously? 

What a MESS! And it's causing us a lot of stress! He has ZERO intent and ZERO desire to be a US citizen....he just wants to be able to travel there when I travel there to spend time with family. I hope this makes sense and someone can shed some light on this.... because there is NO WAY we will stay separated just to apply for a visa.....sigh....

Have a wonderful night. ❤

[Transborderwife 4,666]

Spousal visa.  Permanent residency isn't for visiting.  If he has zero intent to stay a visitors visa is his only choice.

[Saffeyah 0]

Could you maybe be a bit more DETAILED? 

 

[Transborderwife 4,666]

Just now, Saffeyah said:

Could you maybe be a bit more DETAILED? 

 

If he doesn't intend to live in the USA you apply for a b2 visitors visa.  Because you've been married a k1 is not applicable nor appropriate to your situation.

[Saffeyah 0]

It is not a "legal" marriage and is not recognized as such. So he is not technically a spouse. 

He does not want to only come for a one or two month visit....so how is a Visitor visa appropriate? 

Why can I not apply/petition this 129something from MOROCCO? See....I have many questions so being more specific or maybe sharing links is appreciated.thanks

[Transborderwife 4,666]

Just now, Saffeyah said:

It is not a "legal" marriage and is not recognized as such. So he is not technically a spouse. 

He does not want to only come for a one or two month visit....so how is a Visitor visa appropriate? 

Why can I not apply/petition this 129something from MOROCCO? See....I have many questions so being more specific or maybe sharing links is appreciated.thanks

You will be seen as too married for a k1.  You said that he wants to visit with you when visiting family. Perhaps you should make your intentions clear on what exactly you want to do.

 

a b2 is up to a 6 month visit.  If you get a spousal visa you will be required to be separated for some of the time.

[Transborderwife 4,666]

THis thread explains the married is married thing:

 

 

[Roel 7,191]

You cannot have the K1 visa. You're already married. Doesn't matter what kind the ceremony was it.

If you want the spouse to live in the US, file for the spouse visa.

If its only for tourism, tourist visa. Simple.

[David & Diana R 1,005]

23 hours ago, Saffeyah said:

It is not a "legal" marriage and is not recognized as such. So he is not technically a spouse. 

He does not want to only come for a one or two month visit....so how is a Visitor visa appropriate? 

Why can I not apply/petition this 129something from MOROCCO? See....I have many questions so being more specific or maybe sharing links is appreciated.thanks

My guess is you are too married for a K-1 visa and not married enough for a CR-1 spousal visa.  However, if he has no intent of ever living in the US then he has no right to either one of these visas. He would simply apply for a tourist visa.  Good luck and may God Bless you both with eternal happiness.

[Ben&Zian 4,397]

Definately agree with other posters.

 

Religious ceremonies, even if not technically legal, have caused K-1 visa attempts to be denied.

 

So best bet is to legally marry and file for CR-1...

 

If you both actually just want to live in Morocco together, and him just travel to meet your family/friends, then just have him apply for a B2 tourist visa.

 

Whether he will be approved for that visa though depends on his strong ties to his country and his ability to prove he would return and not misuse the visa to immigrate.

 

Regardless how much you state he has no intentions, and I believe you, the embassy is very skeptical so have a lot of strong evidence of these ties.

[Saffeyah 0]

He actually has a very good reason to return, he trains to repair and maintain aircraft for the King. So he will have 3 months free this summer to travel and wants to see my family then return back to Morocco. 

Besides alllllllllll of his family is here in Morocco.....and I LOVE it here so we plan to stay forever. 

[Transborderwife 4,666]

Just now, Saffeyah said:

He actually has a very good reason to return, he trains to repair and maintain aircraft for the King. So he will have 3 months free this summer to travel and wants to see my family then return back to Morocco. 

Besides alllllllllll of his family is here in Morocco.....and I LOVE it here so we plan to stay forever. 

Family aren't huge ties, you loving it there same thing.  Focus on the work ties and things like that for his b2

[Ontarkie 13,902]

~~Moved to Tourist Visas, from K1 P&P - As the OP is already married and her husband only wants to visit at this time.~~

[aaron2020 11,651]

Does not matter that alllllllll of his family is in Morocco.  He married you.  Is he planning on living with alllllll his family in Morocco or you in the US?

[aaron2020 11,651]

Your best option is to legally get marry and file for the spousal visa.

 

Immigration is not Burger King, you can't have it your way.

 

You can file for the spousal visa and be with him.  You will need to meet the domicile issue and the I-864 financial requirements.

 

EVERYONE HERE HAS HAD TO ENDURE SOME SORT OF SEPARATION.  YOU ARE NOT SPECIAL.  WE ALLLLLLLLLLLL DID IT.