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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95023
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a citizen of the US and my fiancee is located in Ukraine.

Customer Question

I am a citizen of the US and my fiancee is located in Ukraine. I have traveled there on 3 different times to visit and we were able to get her a tourist Visa and she has visited me twice. We are wanting to get married and move her to the states. The attorney in Ukraine is saying to come to the US on the tourism Visa but do everything she needs in Ukraine to meet the requirements of a Fiancee VISA before leaving. Once here we should get married and then convert her tourism VISA HERE so she can legally stay.
My question: Is this the best way to do this or should we have her file for a fiancee VISA in Ukraine and just wait for approval? Thanks so much! Jerry
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.



I think that is bad advice because she could get into trouble if they discover that she isn't coming as a tourist and instead she is coming to marry and stay. I will explain.

There are essentially three ways to bring her and none are really fast, unfortunately:

1) The K-1 fiancee visa takes 6 to 9 months, but you must have met before during the last two years in order to process it. 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 and she will have to wait about 5 to 7 months and gets another interview that you attend with your new spouse so that she can get Residency.

2) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after she enters the U.S., she must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once she enters the U.S., she enters as a Resident and she does not have to file (or pay for) an I-485 nor does she have to attend an additional interview. She just gets her green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that she can use to enter the U.S. while that process is pending. She will most likely have to wait outside.

Here is a link to all three:

http://travel.state.gov/visa/immigrants/types/types_1315.html

I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had better news for you.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Customer: replied 1 year ago.

Hi and thanks for your honest answer. I have been reading on the internet that it is possible for her to have her travel VISA converted (There's another word for it) but you are clearly saying this could backfire and she could be deported back to Ukraine even though we were married?


She also has a 7 YO daughter and I have a 8 YOP son. She will be bringing her and has received the letter from her daughters Dad to come.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
She's not supposed to have any type of conversion. Remember what I said about, "but what about this...?" You are doing it. IF she can get in and they don't figure out her intent, you can file for her to stay, but it is risky. The following things can happen at the Port of Entry:

1) They don't ask her anything and just wave her on through. Then maybe 30 to 60 days or more later, you marry and file for her and her child and they can stay while the are under process.

2) They ask her questions and she is able to convince them that she is intending to go back home which means she probably lied and that can get her slapped with visa fraud later when she marries you and tries to stay.

3) They ask her questions, she does not lie, they discover her intent and they allow her to withdraw her request to enter the U.S. and she is sent back home, no harm done and she processes outside to come back which will take 6 to 9 months or so.

4) They ask her questions, she does not lie, they discover her intent and they do not allow her to withdraw her request to enter the U.S. and she is sent back home with an exclusion on her record (similar to a deportation) and she processes outside to come back which will take 6 to 9 months or so but because of the exclusion she is barred from entry for 5 years unless she can get a very hard to get waiver.

5) They ask her questions, she lies, they catch her in the lie, send her back not only with an exclusion but also with a permanent bar to ever coming back because of the fraud that she tried to commit. There is the waiver available but it is very hard to get.


So now you know why I cannot recommend the "short-cut". Also, please stop reading those forums because everyone's case is different and just because someone had success does not mean that you will. So be careful. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95023
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Did you receive my returned question?

Jerry

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No. Please repost. Thank you. Sorry about that.

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