Bowling Green, KY asked in Immigration Law for Kentucky

Q: I'm in the early stages of trying to bring my soon to be fiance to the US. What is the best route?

He's currently in school in Canada through Saudi Arabia. I am a US citizen by birth. This is a same sex relationship. I do understand that there are laws regarding asylum and port of entry (since he's already in Canada) can he come to the US on a visitor Visa and then seek asylum before we begin a K-1 or other Visa route? It's possible that if the Saudi Embassy learns of this he could be sent back to Saudi Arabia. Financially it would also be better for him to be in the US while we work on the Visa's. I've tried to search answers, but haven't really had much luck. Thank you.

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1 Lawyer Answer
Kelli Y. Allen
Kelli Y. Allen
  • Immigration Law Lawyer
  • Charlotte, NC

A: You can either file a fiance visa petition or you can go to Canada to marry and then start the spousal visa petition process. He definitely should not enter with a B2 visa and try to adjust status, as that is an improper use of a non-immigrant visa. Asylum is a much longer, more difficult process, so there's no reason to consider that when he has the other options based on marriage. You absolutely need to hire an experienced immigration attorney to handle this process on your behalf.

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