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I am a US Citizen. I have been dating a Libyan man for over…

I am a US...

I am a US Citizen. I have been dating a Libyan man for over a year online, and he is currently living in Germany. I am curious what the process would be for a gay marriage performed in Germany for a US citizen and a Libyan man? We're looking at asylum claims (as he is gay), or any resources available to doctors (he's trained as a surgeon and would like to continue that career here in the USA if we marry).

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Have you talked to a lawyer yet?

No, just starting the conversation of engagement.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of.

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Customer reply replied 1 month ago
We're merely trying to face the reality of what this relationship would look like. I can, and may have to, consider moving to the EU. But we'd both rather see if its possible to have a life here in the States.
Answered in 51 minutes by:
3/5/2018
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,984
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

You understand that the travel ban is still in effect and he will not be able to come to the U.S. until it is lifted and no one knows when it will be lifted?

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Customer reply replied 1 month ago
I'm aware. I was curious how the phrasing of "(1) demonstrates a bona fide relationship with a person or entity in the United States" might change that.

It means that you can provide evidence that your relationship is real and not just to get a green card. That evidence can be proof of the trips you have taken to visit him, affidavits from family and friends that state they believe the relationship is real and the reasons why, pictures together and pictures with friends and family, etc.

After the travel ban is lifted, there are essentially three ways to bring him and none are really fast, unfortunately:

1) The K-1 fiance visa takes around 9 months, but you must have met before at least once during the last two years in order to process it. The is the form that starts the process is the I-129F. After he enters the U.S., then you have to marry and then you have to file the I-485 and he will have to wait about 5 to 7 months and gets another interview that you attend with your new spouse so that he can get Residency.

2) The K-3 spouse visa takes around 9 months, you must be married. The I-129F and also an I-130 are what are used to start the process. Then after he enters the U.S., he must still file the I-485 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes also around 9 months (making the K-3 almost obsolete). You must be married. The I-130 is the form that is needed to start this process. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.

So the K-1 and K-3 might be a little faster but generally more expensive. The CR-1 (and IR-1) might be a little slower, but generally cheaper. And no, there is no middle-visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.

Here is a link to those visas:

http://travel.state.gov/content/visas/en/immigrate/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 1 month ago
Understood. I am not dismayed. We jsut need to know our options going forward. I am happy to visit him in Germany frequently. Appreciate the information.I am told by some people that there are programs assisting in asylum for gay men from countries that would execute them if publicly gay, and was also told to look into surgical programs that might assist with asylum or immigration for doctors from certain countries. Thoughts?

I cannot tell you about the laws of other countries, just the U.S. I have heard that the Canadian asylum process is easier than the U.S. process, so that might be an option.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,984
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
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Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,984
111,984 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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