Obtaining K1 Fiancé visa after withdrawn asylum application

[Amanda24 0]

My boyfriend arrived in the US from Venezuela in Sept 2017 and I met him the following month. We have been in a relationship for approximately 9 months now and have all of the necessary requirements to obtain the K1 visa. However, while he was in the US, he applied for political asylum in October 2017. He made the decision, against everyone’s advice, to return to Venezuela last month (May 2018) for medical reasons (he had no money left, lost everything, no health insurance, no transportation, and was going through a pretty difficult time). His family purchased a plane ticket so he could return home to see his Doctor. He did not apply for advance parole either and his asylum application is now closed. He still has his tourist visa, which expires Nov 2022, but I’m almost positive he won’t be allowed back into the US anymore due to the fact that he applied for asylum and then left. However, will this also bar him from obtaining a K1 visa if I apply for it? Or even a K3 visa if we marry in his country? I do not know what to do to bring him back with me and I am so lost  

[Roel 7,191]

K3 is no longer used. 

 

You might want to check how long exactly was he out of status in the US. There is a possibility of him having a 3 year ban. 

 

Also since he clearly overstayed his tourist visa- it's no longer valid. He cannot use it anymore. 

Edited June 7, 2018 by Roel

[Amanda24 0]

I read that when you apply for asylum, your “out of status” stops. He only stayed at most 60 days past his stay, but he was already in the asylum application process, had his fingerprints taken, etc. I know when it hits 180 days or more it becomes a problem. And is his tourist visa no good now even though it expires Nov 2022 and has multiple entries? Because he applied for asylum? I wasn’t aware of that. Would any of this be considered fraud on his part since he applied for asylum then later withdrew, which could potentially bar him from obtaining a K1 or CR-1 visa? I really hope not   Would it have been better for him to keep his asylum case active and then try to return, showing medical paperwork that he had to see his Dr?

[Fadae 38]

22 minutes ago, Roel said:

K3 is no longer used. 

 

You might want to check how long exactly was he out of status in the US. There is a possibility of him having a 3 year ban. 

 

Also since he clearly overstayed his tourist visa- it's no longer valid. He cannot use it anymore. 

I'm pretty sure this is correct, the tourist visa becomes invalid. I think it's because of the intent, it was change from visiting temp. to asking for long term/permanent  and that goes on record. So if he was to try to get another one, it would most likely get denied because they already know that attempted to stay here. And it would potentially make getting the K-1 hard because it's considered a non-immigration visa.

[Amanda24 0]

So would it benefit him to keep his asylum case open still and then return to the US? Then we marry here? I am so lost. His lawyer in Miami ended up being a big “charity” type scam and they literally know nothing about immigration law. Gave us both all kinds of bad info. She told me that he can come back on his tourist visa as long as it’s not expired. I don’t even know what to do anymore  this is so frustrating and why I BEGGED him to not go. 

[Going through 5,668]

He probably won't be able to re-enter using his tourist visa once POE becomes aware of the past overstay.

 

Re-opening the asylum case probably won't go anywhere considering he returned to the country he was previously seeking asylum from (which showed that he was not in fear of returning).

 

Your best option at this point would be for you to marry in his country and then apply for a CR-1 visa.  However, you will need to find out if he is facing the 3-year bar depending on how long he overstayed the tourist visa---sounds like he overstayed more than a year, incurring the bar (when he returned home, he would have automatically triggered this).

[payxibka 10,044]

2 hours ago, Fadae said:

And it would potentially make getting the K-1 hard because it's considered a non-immigration visa.

K-1 is a nonimmigrant Visa with immigrant intent.  Subtle but very important distinction

[Fadae 38]

2 minutes ago, payxibka said:

K-1 is a nonimmigrant Visa with immigrant intent.  Subtle but very important distinction

Very true.

[Amanda24 0]

5 hours ago, Going through said:

He probably won't be able to re-enter using his tourist visa once POE becomes aware of the past overstay.

 

Re-opening the asylum case probably won't go anywhere considering he returned to the country he was previously seeking asylum from (which showed that he was not in fear of returning).

 

Your best option at this point would be for you to marry in his country and then apply for a CR-1 visa.  However, you will need to find out if he is facing the 3-year bar depending on how long he overstayed the tourist visa---sounds like he overstayed more than a year, incurring the bar (when he returned home, he would have automatically triggered this).

His lawyer is saying she has had people withdraw their asylum case and then be able to return on the same tourist visa. I do not know how that is possible. However, he did not overstay his visa for more than a year. His stay was good for 6 months, the stay ended at the end of March. He stayed until late May, 60 days give or take. I do not think 60 days causes a bar from him ever returning. 

[Amanda24 0]

5 hours ago, payxibka said:

K-1 is a nonimmigrant Visa with immigrant intent.  Subtle but very important distinction

What exactly is this implying? That he could possibly get a K1 visa also? Or should I travel to Colombia and meet him there to marry, then file for a CR-1 spouse visa? I would marry him in Venezuela, but he says Colombia is much safer and he lived there for about a year before. I do not want to end up kidnapped and placed in a prison like the guy who was just released after 2 years after going to Venezuela to marry his wife. O_o

[payxibka 10,044]

7 minutes ago, Amanda24 said:

What exactly is this implying? That he could possibly get a K1 visa also? Or should I travel to Colombia and meet him there to marry, then file for a CR-1 spouse visa? I would marry him in Venezuela, but he says Colombia is much safer and he lived there for about a year before. I do not want to end up kidnapped and placed in a prison like the guy who was just released after 2 years after going to Venezuela to marry his wife. O_o

That having shown previous immigrant intent will not prevent the issuance of a k-1.  There are many factors that will prevent the issuance of the visa, this is just not one of them

[Amanda24 0]

1 minute ago, payxibka said:

That having shown previous immigrant intent will not prevent the issuance of a k-1.  There are many factors that will prevent the issuance of the visa, this is just not one of them

I hope not  there aren’t really any other bars for him. He has absolutely no criminal record (I also work in law enforcement), I meet the income requirements so he will not be a public charge, we have SEVERAL photos together. Probably at least 80 photos. We spent 9 months together, I saved all of our wristbands from salsa concerts we went to in Miami and photos corresponding to those events. I am meeting his mom next week. She flew into Florida yesterday. I will take photos with her and some more of his family also. Literally we have everything to show our relationship is real.  text messages and phone call/video call records dating back to Oct 2017, I’m friends with his family on social media. The only issue we could run into is the fact that he left during asylum and the fact that he is diagnosed with a mental disorder, but he is COMPLETELY non violent and his doctor can write a note attesting to that if he has to prove that and that he is compliant with his medication and has a good prognosis. I would obviously not stay with someone violent, also given my line of work. I think the fact he left will be more of an issue. So it’s recommended to get married elsewhere and then apply for the CR1 visa? As opposed to K1? I just do not want to waste time and a lot of money on a K1 visa to not even be granted the visa. 

[Umka36 781]

You should know that no visa is ever guaranteed.

[Amanda24 0]

Correct..that is why I am here trying to find the one that is most likely to work 

1 minute ago, Umka36 said:

You should know that no visa is ever guaranteed.

 

[Umka36 781]

His likelihood of getting back to the US on the visitor visa is very slim at best.

 

Before making any decision, look at the pros vs. cons of the K1 and CR1 and determine/discuss what will work best for you two. Doing this will avoid the "regret" people have on their choices. My wife and I sure didn't have any when we made our decision to go with the K1 as many others do now. Good luck.