Immigration Law Questions? Ask an Immigration Lawyer.
First, as long as she can prove she is not entering the U.S. to immigrate, get married, or find a job, she will probably find it easier to get a visitor visa such as B1/B2.
However, event then success also depends on her abiltiy to convice them she intends to return to russia.
Most evidence consists of:
Also during the interview she would have to be careful answering questions. if they find out about a fiancee in America, they may suspect her motives and deny the visa.
On the othe hand, a K-1 is for entering the U.S. for the purpose of marriage. Or you can go to Russia, marry her,and then sposor her on a K-1 that way.
In my opinion, you should use the K-1 route, even though it may take six months to process.
I am stongly oriented to the k visa, because there is a high instance of denied B-1 visas in russia. that embassy rejects them out of hand becasue they do not belive the persons will return to russia.
when you file for a K-1 it dispells all those issues. The purpose of a K-1 is to come to the U.S. to get married. Or if already married, to bring your spuose with you to the states where you will then apply for her permanent residence. I favor for your situation getting married in Russia.
Here is what you are dealing with. For Russia, there is no easy answer.
1. For B1 visas, there is a high incidence of a person being denied because the consulate personnel have experience a high rate of persons departing the Russia and never returing.
2. If a peson is denied the B1 and then trys a short time latger with the K-1 as a finace, it appears like they are visa shopping and the K-1 fiance is suspect and the visa is denied based on they doubt the validity of the relationship. EVEN if you have an approved USCIS document.
3. For the K-1 Fiance visa by itself, it is also a risk, because in RUSSIA, there is also a high rate of marriage fraud with regard to person being brought to the U.S. to get married. hence, this brings me to the K-1 spouse visa.
4. it is very hard for them to make a claim that a marriage relationship is not real or valid if you are married already, right?
yes the K-1 does take six months, on average.
OK, so you do not like those prospects.....
let me say this then....go ahead and try the B-1 using the travel agency. Because it is a travel agency and the tickets will have already been paid for , she may get lucky and get the visa. Once in the U.S. you fall in love and get married. No problem as long as you submit the I-130 for her permanent residency BEFORE the expiry of her I-94.
If the B-1 fails, then she should wait 3 months before you begin the K-1 visa, in order to aviod the appearance of visa shopping.
Another way for her to work it if she is denied a b-1 visa in Russia, is for her to take a trip,say to the UK, and then the neatherlands, and then from the neatherlands to the U.S. It is a bit easier for people who show they are doing a world tour to get the B-1 to enter the U.S. from a third party country.
BotXXXXX XXXXXne, it is hard for a russian woman with limited resources to get an approved visa to the U.S. from russia.
You can copy the answers and then pastte them into email.
or if you have a fax, you can print to fax.
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