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EMJ1219
EMJ1219, Immigration Specialist, GPHR
Category: Immigration Law
Satisfied Customers: 10760
Experience:  Military service and duties included manageing expat assignments for 20 years; GPHR certi 2006
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Can my girlfriend in Russia get a visa to this country if I ...

Customer Question

Can my girlfriend in Russia get a visa to this country if I send her money and have her come to the USA or is it easier for her that I apply for a K-1 Visa? She tells me on the phone that if I send her $366 and her relatives pitch in $300 she can go through an agency to get the documentation needed to come to the USA. Can you advise me on the best course of action.
Submitted: 6 years ago.
Category: Immigration Law
Expert:  EMJ1219 replied 6 years ago.

Dear eagleman,

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:

  1. a round trip ticket already purchased and the airline itenarary to go along with it.
  2. having a job in Russia
  3. having sufficient bank account and resources to provide a reasonable expectatin she would return home.
  4. family ties in russia. (if she has a child for examlpe and the child is not traveling with her).

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.

EMJ1219, Immigration Specialist, GPHR
Category: Immigration Law
Satisfied Customers: 10760
Experience: Military service and duties included manageing expat assignments for 20 years; GPHR certi 2006
EMJ1219 and 2 other Immigration Law Specialists are ready to help you
Customer: replied 6 years ago.
Why are you so strong on the K-1 visa? Will it take six months or so? What if she visits America and then I go to Russia and decide to marry her in the future? I am trying to decide the best way to see her now, without it taking so long. The agency tells her that it will take 2 or 3 weeks to prepare the documents. Does this sound accurat? True? What do you think?
Expert:  EMJ1219 replied 6 years ago.

Dear eagleman,

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.

Customer: replied 6 years ago.
Thank you for your in-depth answer. Now I can sleep tonight with a plan in mind! Again, thank you so much!! By the way before I accept, how do I save the answers. My printer is on the brink.
Expert:  EMJ1219 replied 6 years ago.

Dear eagleman,

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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