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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24189
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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If I marry a woman in the Ukraine, can I bring her home to

Resolved Question:

If I marry a woman in the Ukraine, can I bring her home to America with me?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


If I marry a woman in the Ukraine, can I bring her home to America with me?



Response:
You cannot just bring her home with you. You must petition for her as your spouse and her visa application approved before you can bring her to the United States. You need to start the Green Card process by filing Form I-130. Once the I-130 is approved, you would be notified and then given instructions on completion of the rest of the forms for consular processing which would include Affidavit of Support, Form I-864. Click here to see form I-130 and the instructions:



http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Customer: replied 1 year ago.

How long does this take in Ukraine?Where is interview held? there?


 


Can she come here on a student VISA and then I marry her?


 


Is it better to bring her here on a fiancee VISA. If I do that and I marry her, does she have to go back? Where and when is the interview held?

Expert:  Phillips Esq. replied 1 year ago.
I will opt out and give other Experts the opportunity to further assist you.


Please do not reply to me because doing so would delay a response from another Expert.
Customer: replied 1 year ago.

Just answer my questions. You know the answers. You just don't want to make the effort.

Customer: replied 1 year ago.

I believe you know the answers and are just refusing to do the answers because it might take you an additional few minutes.

Expert:  Judith replied 1 year ago.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

How long does this take in Ukraine?Where is interview held? there?

There is nothing you do in Ukraine to commence the
immigration process to bring your spouse to the US.
Unfortunately, you will
have to be patient because it will take a total of 6-10 months for you and she
to go through the arduous process of her immigrating.
You will file form
I-130 with the USCIS here in the US at the lockbox (PO Box) as per the
instructions.
You must include with the form a G-325A for you and she along
with 2 passport style photos of each of you.
You can find those forms and
instructions at this
link
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Once
your petition is approved (it will take 3-5 months) you will be notified and the
petition will be sent to the National Visa Center. In approximately 2-3 weeks
they will send you a bill for the immigrant visa fee $230 and your Affidavit of
Support (I-864) $88.
Once you pay these you will receive instruction on
submittin the I-864 and she will get her instructions on begining the immigrant
visa process by submitting the DS-230 Immigrant Visa Application.
After that
is received the USCIS will request her background/security check be done by the
FBI.
When the clearance on her is received her file is forwarded to the US
consulate or Embassy closest to her.
She will then receive her instructions
for her medical and visa appointment.
She will be told what documentation
to bring.
Since Ukraine is one of the tougher posts regarding their attempts
to identify marriages that are not made in good faith you and she need to
document your relationship with pictures, cards, emails, printouts of your skype
conversations, etc.
You also need to discuss your personal life details in
detail such as where you work, physical address, your position, job duties,
details about your family and details about them, such as where your children
go to school, work or other information about them. You should converse as
much as possible in English as it is best for her to do her interview in English
as that is additional evidence of you having a good relationship - that you can
communicate in a common language (unless you are fluent in Ukraine).
They
question marriages where the spouses cannot talk to one another.

AFter
her interview she will be told to leave her passport and her passport and the
immigrant visa packet will to sent back to her withing 2 weeks at which time she
may travel to the US. She has 6 months to use the visa.

Upon arrival she
is processed as a permanent resident and she will receive her resident card in
the mail in 30-60 days. She will be a conditional resident and you and she will
have to file to remove the conditions within the 90 day window of the expiration
of her 2 year conditional status.

Can she come here on a student VISA and then I marry her?

She cannot come to the US as a student with intent to marry and immigrate. That is fraud.

If she is caught lying she will be permanently denied a green card and any other visa for life. The USCIS does not pllay with fraud.

To get a student visa she is thoroughly questioned about her intent to return to Ukraine upon completion of her studies. She has to provide convincing evidence of compelling ties to draw her back to Ukraine.



To qualify for a visitor or student visa, an applicant must meet the
requirements of sections 101(a)(15)(B), (F), (J) or (M) of the Immigration and
Nationality Act. The Department of State (DOS) will not issue a visa to those
who do not meet the requirements. The most frequent basis for such a refusal
concerns the requirement that the prospective visitor or student possess a
residence abroad he/she has no intention of abandoning. One common way that
applicants can prove the existence of such a residence is by demonstrating that
they have ties abroad that would compel them to leave the United States
at the end of the temporary stay. The law places this burden of proof on the
applicant.

Ties are the various aspects of a nonimmigrant's life -- possessions,
employment, social and family relationships -that bind the nonimmigrant to his
or her country of residence. Some examples of relevant ties in foreign
countries are a job, a house, social and family relationships, or a bank
account. Consular officers are aware that ties differ from person to person.



During the visa interview, officers look at each application individually
and consider professional, social, cultural and other factors. For younger
applicants (such as students) who may not have had an opportunity to form many
ties, consular officers may look at the applicant's specific intentions, family
situations, and long-range plans and prospects within his or her country of
residence. Each case is examined individually and is accorded every
consideration under the law.



For more information on qualifying for nonimmigrant visas, see the DOS Web
site at http://travel.state.gov/visa/frvi/denials/denials_1361.html



Is it better to bring her here on a fiancee VISA. If I do that and
I marry her, does she have to go back? Where and when is the interview
held?

K-1

The I-129F will cost
$340 plus a $350 fee for the visa processing fee. After she enters the U.S.,
then you have to marry and then you have to pay $1070 for the I-485

Unfortunately, you will have to be
patient because it will take a total of 6-10 months for you and she to go
through the arduous process of her immigrating.

You will file form I-129F with the USCIS here in the US at the lockbox (PO Box)
as per the instructions.

You must include with the form a G-325A for you and she along with 2 passport
style photos of each of you.

You can find those forms and instructions at this link

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Once your petition is approved (it will take 3-5 months) you will be notified
and the petition will be sent to the National Visa Center. In approximately 2-3
weeks they will send you a notice and instructions for her to begin the visa
process by submitting the DS-156 & 156K Visa Application.

After that is received the USCIS will request her background/security check be
done by the FBI she will then receive her instructions for her medical and visa
appointment.

She will be told what documentation to bring.

She should document your relationship with pictures, cards, emails, printouts
of your skype conversations, etc.

You also need to discuss your personal life details in detail such as where you
work, physical address, your position, job duties, details about your family
and details about them, such as where your children go to school, work or other
information about them if you had a family previously. You should converse as
much as possible in English as it is best for her to do her interview in
English as that is additional evidence of you having a good relationship - that
you can communicate in a common language (unless you are fluent in Spanish).



After her interview she will be told to leave her passport and the child's and
their passports and the immigrant visa packets will to sent back to her withing
2 weeks at which time she may travel to the US. She has 4 months to use the
visa.

Here is a great link to a
flowchart with timelines

http://www.visajourney.com/content/k1flow

http://www.uscis.gov/files/article/A2eng.pdf

http://travel.state.gov/visa/immigrants/types/types_2994.html

Judith



Please
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because of the law. I have no control over that. You can ask follow-up questions to CONTINUE
this conversation. I can only provide
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Customer: replied 1 year ago.

Thank you for your excellent answer. I will certainly rate you excellent. Just one more question. If I go to Ukraine and meet her, can we/her/I then request a fiancee visa for her? How long does that take? What conditions must we meet? I know we must be married here in 90 days which is fine with me. Thank you for your assistance.

Expert:  Judith replied 1 year ago.

Unfortunately, you will have to be
patient because it will take a total of 6-10 months for you and she to go
through the arduous process of her immigrating.

She should document your relationship with pictures, cards, emails,
printouts
of your skype conversations, etc.

You also need to discuss
your personal life details in detail such as where you
work, physical
address, your position, job duties, details about your family
and details
about them, such as where your children go to school, work or
other
information about them if you had a family previously. You should
converse as
much as possible in English as it is best for her to do her
interview in
English as that is additional evidence of you having a good
relationship - that
you can communicate in a common language (unless you are
fluent in Ukraine).

Judith



Please
remember it is my job to give you an honest answer. I don't like giving answers like this but you
want honesty. When rating my service please don't rate me on my bad news
because of the law. I have no control over that. You can ask follow-up questions to CONTINUE
this conversation. I can only provide
you EXCELLENT
service by giving you an honest answer. if I earned a BONUS, it is
appreciated.

Feel free to ask me another
question with a new thread - if you're a subscriber, you can do so at no
additional cost beyond your monthly payment. You can bookmark my profile page
here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-askimmigrationlaw/



If you want to
request me in the future start your question "FOR JUDITH" and I will answer
quickly.





Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24189
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 3 other Immigration Law Specialists are ready to help you

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