Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Immigration Law Question
Customer reply replied 4 months 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 Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,383
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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?

Ask Your Own Immigration Law Question
Customer reply replied 4 months 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.

Ask Your Own Immigration Law Question
Customer reply replied 4 months 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 Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,383
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
Ask your own question now

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,383
113,383 Satisfied Customers
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.

Guillermo Senmartin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

113,383 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
Will be very helpful advice! My problem is that I came to
Hello! My name is***** be very helpful for your advice! My problem is that I came to the USA by j1 visa. I made a political asylum as I'm gay but I didn have a chance to go to the interview. My grandm… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,383 satisfied customers
Im a Libyan student in Los Angeles. ive been here for a year
I'm a Libyan student in Los Angeles. i've been here for a year right now and i'm doing good in school and in very good financial situation. I want to know the possibilities to get the green card. Put … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,383 satisfied customers
Hi Im Iranian citizen borned and lived in Kuwait how can I
Hi I'm Iranian citizen borned and lived in Kuwait how can I grt visa to live in the USA I don't like to go to Iran… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
Hi, I am a brazilian citizen and I came to the USA under
Hi, I am a brazilian citizen and I came to the USA under a J1 visa on december 2009. I filled out my asylum claim in september 2010 and my asylum was granted in december 2010. IF I return to my home c… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I am of European extraction, part of EU; how difficult is it
I am of European extraction, part of EU; how difficult is it to immigrate to the US? What would be the first steps?… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,383 satisfied customers
i am from germany and came to the US october 2008 with a J-1
i am from germany and came to the US october 2008 with a J-1 visa and extended that so i stayed for 2 years with a J-1 and i changes my status to a F-1 now i would really like to go to germany but i d… read more
Wilton A. Person
Wilton A. Person
Immigration Lawyer
Juris Doctorate
3,597 satisfied customers
A friend of mine is here in USA on a J1 Visa, He is thinking
A friend of mine is here in USA on a J1 Visa, He is thinking about opening a business here. Would that do to get him a green card?… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
hi, i just got my us artist green card. for 5 years now i am
hi, i just got my us artist green card. for 5 years now i am together with my partner who has canadian, irish and australian citizenship. i am still married to an us german citizen who is gay and trie… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
I am a retired U.S. retired male citizen of the USA. Reference
I am a retired U.S. retired male citizen of the USA. Reference my question of 3/24/10, my friend has processed his Passport and his Visa is being processed by the Romanian Embassy in Romania. He has b… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,383 satisfied customers
Dear Sir, I am an Egyptian Petroleum Engineer, having Egyptian
Dear Sir, I am an Egyptian Petroleum Engineer, having Egyptian Passport & Currently Resident in Kuwaitsince 3 years & working in Kuwait with my wife & Kids.. 2 years ago I was Married to my First wife… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
hello, i did filed an asylum case base of well rounded fear
hello, i did filed an asylum case base of well rounded fear of being homosexual and lately and hiv positve carrier.My reason for filing is that i am a closet gay back in my country in the philippines … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,383 satisfied customers
I am a gay male american citizen, and want to go to Mexico
I am a gay male american citizen, and want to go to Mexico and marry a gay male of legal age with not legal problems. He is 30 and I am 57. Is it legal for us to get married in Mexico? , and what are … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,383 satisfied customers
im a 55 yr old gay man from nj, ive fell in love with a 28
im a 55 yr old gay man from nj, ive fell in love with a 28 yr old man from china how does he get from china to live with me ?? please describe in detail step by step he needs to take as well as step b… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,383 satisfied customers
My partner, were gay, of 15 years was driving to New Mexico
My partner, we're gay, of 15 years was driving to New Mexico from San Francisco and was arrested as an illegal alien. He came here from Taiwan 25 years ago, legally, and remained illegaly in San Franc… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,383 satisfied customers
My father was a German National living in the USA who was required
My father was a German National living in the USA who was required in 1939 to get US citizenship or be deported to Germany. My mother was a US citizen. Can I apply for and get dual citizenship with Ge… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
im a gay man,and a us citizen by birth,and my mate is iranian.
i'm a gay man,and a us citizen by birth,and my mate is iranian. he is not safe,and he has no criminal record. i'm afraid for him and i want to know what opcions do i have to bring him to the states wi… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,383 satisfied customers
as a gay mail and a usa citizen can bring my lover to usa legally
as a gay mail and a usa citizen can bring my lover to usa legally to stay with me here in california.… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
113,383 satisfied customers
Im a 41 y/o spaniard citizen living in USA for almost 3 years.
I'm a 41 y/o spaniard citizen living in USA for almost 3 years. I have a good job I make more than 300k a year in a company that brought me here to work for them, now with a status of permanent reside… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x