Obtaining K1 Fiancé visa after withdrawn asylum application

[Amanda24 0]

1 minute ago, Umka36 said:

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.

If he keeps his case open and returns to the US and says he is still asking for asylum, I’m not sure what the likelihood would be of him being sent to an immigration detention center because of his asylee status. Then I do not know if they will not give him a bond so I can pay that to get him out. If he is given a bond and is out, can I at that point marry him in the US? 

The K1 visa is what I was originally wanting to do, but it is a nonimmigrant visa. I read that because he abandoned his asylum, that can cause him to be inadmissible in obtaining any other nonimmigrant visa. The CR1 is an immigrant visa, so I think that one may be the safer route. But if that is denied, then I am married to a man I can never be with in the US  

[Umka36 781]

25 minutes ago, Amanda24 said:

If he keeps his case open and returns to the US and says he is still asking for asylum, I’m not sure what the likelihood would be of him being sent to an immigration detention center because of his asylee status. Then I do not know if they will not give him a bond so I can pay that to get him out. If he is given a bond and is out, can I at that point marry him in the US? 

The K1 visa is what I was originally wanting to do, but it is a nonimmigrant visa. I read that because he abandoned his asylum, that can cause him to be inadmissible in obtaining any other nonimmigrant visa. The CR1 is an immigrant visa, so I think that one may be the safer route. But if that is denied, then I am married to a man I can never be with in the US  

I highly doubt they will let him back into the US with the visitor visa. In my eyes, him going back to his home country after filing an asylum claim pretty much negates the fear of persecution.

 

The K1 visa a quasi non-immigrant visa, but allows the beneficiary to gain LPR (legal permanent resident). Unlike the CR1 though, you have to file the AOS (adjustment of status) in order to gain LPR and it has to be by the original US citizen petitioner.

[Going through 5,668]

6 hours ago, Amanda24 said:

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. 

Quite possible that the other people his lawyer represented had no illegal overstay in their cases, thus was able to re-enter using the same tourist visa.

 

60 days overstay does not incur a bar, no, but it also makes re-entry on a tourist visa all that more difficult since any period of an overstay is still an overstay.  POE will automatically presume he will overstay again. 

[Crazy Cat 39,218]

I agree with those who have stated that his chances of getting inside the US by any means other than a K-1 or CR-1 are extremely slim.  When a visitor over stays a visa, it is automatically voided.   There is no notification until the person attempts to travel back to the US.  I also think any chance for asylum is gone since he returned to his country.  I think you should focus on K-1 or CR-1.

Good Luck...

[Illiria 980]

Can USCIS still make a decision of frivolous asylum application if the application is closed? 

 

If the above is yes what would be the conditions under which it would be deemed frivolous? Would someone simply returning to the country count?

[Crazy Cat 39,218]

Interesting question about a similar case here: https://www.avvo.com/legal-answers/can-an-asylum-case-be--deemed-frivolous-if-withdra-2029776.html

 

One attorney answered: " Yes, the fact that you returned to your home country contradicts the fact that you claimed in your asylum application that you feared to return. The government could consider that fraudulent. Such a finding could be a complete bar to any immigration benefits in the future. "

Edited June 7, 2018 by missileman

[Amanda24 0]

5 hours ago, Going through said:

Quite possible that the other people his lawyer represented had no illegal overstay in their cases, thus was able to re-enter using the same tourist visa.

 

60 days overstay does not incur a bar, no, but it also makes re-entry on a tourist visa all that more difficult since any period of an overstay is still an overstay.  POE will automatically presume he will overstay again. 

She’s claiming that the people also applied for asylum and even if they overstay, if they come back in a year or so and give it time, they didn’t have a problem. I sort of feel like his lawyer doesn’t know much (it’s a “charity” based lawyer he used at a church in Miami. He used that place before I met him. There’s an article about the church and lawyers being under scrutiny for not being qualified to handle these cases and making people pay for no services, losing documents, etc. I’m going to consult with another lawyer soon about the fiancé vs CR-1 visa. Or if they think he could come back on that same tourist visa, which I highly doubt. 

[Amanda24 0]

5 hours ago, missileman said:

I agree with those who have stated that his chances of getting inside the US by any means other than a K-1 or CR-1 are extremely slim.  When a visitor over stays a visa, it is automatically voided.   There is no notification until the person attempts to travel back to the US.  I also think any chance for asylum is gone since he returned to his country.  I think you should focus on K-1 or CR-1.

Good Luck...

Could he call the US embassy in Caracas to find out what the status of his visa is? I read that when you apply for asylum, that stops any illegal overstay from accruing, and he filed for asylum long before his 6 month stay expired. So it didn’t ever accrue. However, since he returned to Venezuela, I don’t know if that negates that. 

[Amanda24 0]

5 hours ago, Illiria said:

Can USCIS still make a decision of frivolous asylum application if the application is closed? 

 

If the above is yes what would be the conditions under which it would be deemed frivolous? Would someone simply returning to the country count?

That’s what I don’t know. I don’t know if it would be best for him to 1) keep his case open and return here ASAP with his medical paperwork in hand explaining that was the reason he went back, but returned to the US as soon as he could. There is a possibility he could then be sent to an immigration detention center to await his asylum hearing by the judge, which will most likely NOT be approved at this point because he returned. However, I don’t know if I could post bond to get him out while his case is pending and then we could just avoid all of this K1/CR-1 visa mess and marry here and have all of our paperwork here and start living together. It would just be a change of status for him. Or......have him close his case out and then I apply for the K1 or CR-1 if I travel to marry him. I’m going to try and speak with a lawyer this week because this is SO confusing. 

[Amanda24 0]

5 hours ago, missileman said:

Interesting question about a similar case here: https://www.avvo.com/legal-answers/can-an-asylum-case-be--deemed-frivolous-if-withdra-2029776.html

 

One attorney answered: " Yes, the fact that you returned to your home country contradicts the fact that you claimed in your asylum application that you feared to return. The government could consider that fraudulent. Such a finding could be a complete bar to any immigration benefits in the future. "

This just made me really feel sick  I really hope this doesn’t bar him from returning. Perhaps it’s best that his case remains open :/ I don’t know what to do!

[Lemonslice 4,553]

If he needs regular medical care, CR1 might be a better option since you'll probably be able to add him to your insurance as soon as you're married. 

[Amanda24 0]

20 minutes ago, Lemonslice said:

If he needs regular medical care, CR1 might be a better option since you'll probably be able to add him to your insurance as soon as you're married. 

He has a doctor in Venezuela that he sees. His family is able to obtain the medication and send it here. I am just apprehensive about the CR-1 because if we marry in another country, let’s say Aruba or Colombia, that’s fine. But I’m afraid that they will still deny the CR-1 visa and then I’m married to him and he can’t even enter the country. 

[Going through 5,668]

4 hours ago, Amanda24 said:

He has a doctor in Venezuela that he sees. His family is able to obtain the medication and send it here. I am just apprehensive about the CR-1 because if we marry in another country, let’s say Aruba or Colombia, that’s fine. But I’m afraid that they will still deny the CR-1 visa and then I’m married to him and he can’t even enter the country. 

Perhaps you can move to live in Venezuela or a third country with him?

Edited June 8, 2018 by Going through

[Lemonslice 4,553]

6 hours ago, Amanda24 said:

He has a doctor in Venezuela that he sees. His family is able to obtain the medication and send it here. I am just apprehensive about the CR-1 because if we marry in another country, let’s say Aruba or Colombia, that’s fine. But I’m afraid that they will still deny the CR-1 visa and then I’m married to him and he can’t even enter the country. 

What I meant is that once he's in the USA, he won't have access to his doctor in Venezuela until he has his advance parole, which is a few months after you file for adjustment of status.

[Amanda24 0]

4 hours ago, Going through said:

Perhaps you can move to live in Venezuela or a third country with him?

Given the fact that the state of that country is terrible right now, that’s not being considered. He wants to come back here to be with me and start his life here. It is really bad over there.