Does the fiancee have to be in her country to be able to file for a fiancee visa?

[Taradao 4]

I have been in a long-distance romance with a Moroccan woman for nearly four years. I was planning to visit her this year and the covid thwarted that opportunity. 

She argued with her father and he kicked her out of the house. Facing starvation and homelessness, she migrated to Spain illegally.

My question: can a fiancee visa be file in Spain and the US consulate grant her an interview. Returning to Spain is not an option because she has no means of supporting herself and face a difficult environment.    Thanks again if you know the answer.

[Loren Y 2,755]

In order to interview at the us embassy where you are currently located, you have to have legal standing in said county. So, short answer is no, she won't be able to interview in a country she is currently in illegally. You have to prove legal status to interview in the country.

You can still file for her, but she would have to return to morocco for the interview. So, while she is there in Spain illegally now, she theoretically wouldn't have to return to morocco until a few weeks before the interview to complete the medical exam and interview. Not sure if that would work, but I think it would be a option.

[Taradao 4]

Thanks for the prompt answer. That was my biggest fear. She escaped to Spain because of an opportunity for a better life.

I can't in good conscience ask her to return to Morocco for the interview. There is a chance that they might not grant her the K1. 

How about a spousal visa? That means  I have to marry her in Spain.

Technically, she is my spouse even though illegally. 

Love knows no boundaries.  I hope you like my option.

Edited December 26, 2020 by Taradao
Spelling

[SalishSea 17,921]

4 minutes ago, Taradao said:

Thanks for the prompt answer. That was my biggest fear. She escaped to Spain because of an opportunity for a better life.

I can't in good conscience ask her to return to Morocco for the interview. There is a chance that they might not grant her the K1. 

How about a spousal visa? That means  I have to marry her in Spain.

Technically, she is my spouse even though illegally. 

Love knows no boundaries.  I hope you like my option.

If she is your spouse, you do not qualify for a K-1 anyway.

 

As others have said, she would need to become a legal resident of Spain in order to interview there.

 

Whatever stumbling blocks to a US visa you think she'd face at the Casablanca embassy do not go away even if she interviews in a different country.

[Loren Y 2,755]

10 minutes ago, Taradao said:

Thanks for the prompt answer. That was my biggest fear. She escaped to Spain because of an opportunity for a better life.

I can't in good conscience ask her to return to Morocco for the interview. There is a chance that they might not grant her the K1. 

How about a spousal visa? That means  I have to marry her in Spain.

Technically, she is my spouse even though illegally. 

Love knows no boundaries.  I hope you like my option.

I didn't do a sposal Visa, but I believe the same rules apply for any visa you want to get issued from tourist to student, to work, to immigration Visa's. I understand your point, I agree with you, you love who you love and a little illegal entry into a country shouldn't stand in the way of that. My now wife had a overstay on her records when we did the K1, before we even met. It wasn't in the US, and the embassy didn't seem to care about it. It was minor, but still an overstay of a visa in another country. Even if you marry her, she still has to return to a country she has legal status in to interview. She may need legal status to get married in the country she is in now, I am not sure on that.

Edited December 26, 2020 by Loren Y

[SusieQQQ 11,586]

29 minutes ago, Taradao said:

Thanks for the prompt answer. That was my biggest fear. She escaped to Spain because of an opportunity for a better life.

I can't in good conscience ask her to return to Morocco for the interview. There is a chance that they might not grant her the K1. 

How about a spousal visa? That means  I have to marry her in Spain.

Technically, she is my spouse even though illegally. 

Love knows no boundaries.  I hope you like my option.

Even if she is your spouse she still needs to be legally resident in Spain to interview there.

[SusieQQQ 11,586]

22 minutes ago, Loren Y said:

She may need legal status to get married in the country she is in now, I am not sure on that.

looks like it - among the requirements:

• Certificate of residence or empadronamiento (at least one of the parties getting married must have been a resident in Spain for at least the past 2 years, or be a Spanish citizen to qualify for a civil marriage in Spain)

 

https://www.idealista.com/en/news/legal-advice-spain/2020/03/26/7416-getting-married-spain

[Taradao 4]

Thanks Susie. Thanks for the research. In the US, once an illegal person is married to a citizen they have that protection.

As I mentioned before , this was my last ditch effort to save our relationship. I can't promise her a guarantee K1 by returning to Morocco. We really love each other event though we haven't met in person.  Really appreciate your efforts to find out for me. If you can come up with a better idea please let me know. Happy Holidays. I guess I have to drink alone tonight.

[SusieQQQ 11,586]

1 minute ago, Taradao said:

Thanks Susie. Thanks for the research. In the US, once an illegal person is married to a citizen they have that protection.

As I mentioned before , this was my last ditch effort to save our relationship. I can't promise her a guarantee K1 by returning to Morocco. We really love each other event though we haven't met in person.  Really appreciate your efforts to find out for me. If you can come up with a better idea please let me know. Happy Holidays. I guess I have to drink alone tonight.

If you haven’t met in person, any visa is a non-starter. K1 requires a meeting (and a marriage visa requires an in person marriage). In any case even without visa considerations, taking a relationship forward needs you two to spend time together in person. I don’t really see a path to any visa without her getting back to morocco to interview, but at the very least you should make a plan to meet her (visit Spain?) if you want to take this forward. Good luck.

[Taradao 4]

Definitely! Spain is in cards asap. I am an old fashioned man, no hanky panky before marriage. I have been researching on that topic for a while. I will meet her as soon as I am vaccinated and have my financials in order. 

I just read on the requirements to be married in Spain. One of the requirements is one of the parties MUST be a resident of Spain for at least two years. Whether that means legal status or illegal is another story. I need to do additional research on this matter.

Btw, I am 65 and she is 27. I have consulted with a former consulate officer, and she said if it is a bonafide relationship, it won't present any problem.

She is the total package in terms of personality, brains, and creativity. Looks is she a 10 in my book. 

Thanks again for your kind words.

 

[SusieQQQ 11,586]

21 minutes ago, Taradao said:

One of the requirements is one of the parties MUST be a resident of Spain for at least two years. Whether that means legal status or illegal is another story. I need to do additional research on this matter.

The fact that she needs a residence certificate implies it must be legal. The US is unusually lenient to unlawfully present aliens who marry citizens; most other countries are not, and as you are not (afaik) a Spanish citizen, there seems to be no reason for them to show leniency. Gibraltar is much easier to get married in, but that would involve more illegal border crossings so not advised.

[SusieQQQ 11,586]

Also please don’t take this as unkindly meant, but there will be questions about bona fides with a -40 year age difference and someone who is already illegal where she is - remember she will have to list her actual addresses when she applies for a visa even if she goes back to morocco - expect there to be questions about a green card marriage.  The more time you can spend together in person to properly establish your bona fides, the better.

[Taradao 4]

No offense is taken.  I know that she has a different life in Spain. Why would she tell me if she still loves me ( last night) and wants to meet me as soon as possible if there are greener pastures over there?

If I want to pursue this relationship further, there will be plenty of time spent together with dated photos and receipts from Spain.

I was ready to let go of the relationship until words like " I miss you so much," and " I love you" came into the emails.

 

I told her I blocked her on messenger and WhatsApp for my sanity.  I unblock her as of three days ago. 

As they say in Texas ( I am Texan), it is time to or get off the pot. 

I know, as men in general, we kind of linger on for a while until the cows ( not a reference to females) to come home.

[JeanneAdil 6,544]

She was kicked out of her dad's house and i am guessing it is because chatting to you and father did not like the age difference

 

things you need to know:

1  of course she can not interview in Spain as others have pointed out

2  and even if ,  she could go back and interview in Morocco (or any other place),  she needs criminal reports from spain and Morocco (2 from morocco alone) / how is she going to get these as she is not legal in Spain to get one and not in Morocco to go to police station for the one there (K1 or CR1 the same for both visas the reports are required)

3.   a muslim woman can not marry a non muslim man and i am just guessing from your photo that you are not / i will stand corrected if wrong on this issue

4   not sure why you say,  "she is my spouse although not legally / have you even met?    have you talked about sleeping together (bluntly put -sex) as that could be why she was kicked out of her dad's house 

5.  if the Moroccan family does not approve,  no visa

6.  What former consular officer ?  they are not allowed to advise / anyway i am older than my moroccan husband and it took us 6 years to get a visa because of the age difference/   filed K1 in 2009 denied and finally had a IR1 approved in 2015

to sum it up

no criminal reports- denied for not being able to get them

family does not approve and in your case,  any Morocco CO will call and ask them

can not marry in Spain as not legal

age difference is HUGE-this is not an uphill battle- it is a lost cause unless you are willing to go live with her 

Religious differences =not sure but if she was born muslim (and if family is she is with no ability to choose)

Edited December 26, 2020 by JeanneAdil

[JeanneAdil 6,544]

1 hour ago, Taradao said:

Definitely! Spain is in cards asap. I am an old fashioned man, no hanky panky before marriage. I have been researching on that topic for a while. I will meet her as soon as I am vaccinated and have my financials in order. 

I just read on the requirements to be married in Spain. One of the requirements is one of the parties MUST be a resident of Spain for at least two years. Whether that means legal status or illegal is another story. I need to do additional research on this matter.

Btw, I am 65 and she is 27. I have consulted with a former consulate officer, and she said if it is a bonafide relationship, it won't present any problem.

She is the total package in terms of personality, brains, and creativity. Looks is she a 10 in my book. 

Thanks again for your kind words.

 

It has to be legal and if she tries to document herself ,  they will do one of 2 things (send her back to Morocco or to jail)/ they have and do continue to do this and i have 2 brother in laws in Spain that we visited last March and we heard the stories on our Europe trip