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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 ...

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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.

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 and 5 other Immigration Law Specialists are ready to help you
Customer: replied 8 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?

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 8 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.

Dear eagleman,

You can copy the answers and then pastte them into email.

or if you have a fax, you can print to fax.