K1 Visas in Russia

Background

After spending countless hours and large sums of money finding that special someone, you may think that the large part of your search is over – this is not so. It will now be your job to navigate the maze of regulations affecting US citizens looking to marry foreigners. Following the September 11 attacks, the USCIS formerly INShas imposed even more stringent regulations. It will now take many more months before your fiancés background checks are completed. To expedite the process, it is advisable a qualified immigration specialist is contacted. If you live in another country you should also consider the speaking to a local specialist. In South Africa for example, it is possible economically obtain the services of a law firm which specializes in Russian/South African marriages

Recently a Russian women living in the US was deported to Russia. She had been married for 3 years, had a steady job and also had a child with her new husband. The INS deported her because she had not stated her actual intention for entering the country. If you marry your girlfriend visiting you on one of those visas, her legal status in the USA will be questionable, and she may be refused permanent resident status on the basis of visa fraud if the USCIS believes her aim of visiting United States was simply for marrying a US Citizen. Once a violation of visa regulation is recorded, it will be difficult if not impossible for the person to ever receive a K-1 visa or any other type of visa to the USA. It is best to make sure you understand the requirements of a fiancé visa.

What are the requirements for a fiancee visa

1. You must be a U.S. citizen.
2. You have met your fiancee in person within the previous two years
3. Both you and your fiancee are legally free to marry.
4. You meet certain minimum income requirements.*
5. Your fiancee does not have a criminal record.
6. Your fiancee has not violated certain U.S. immigration laws.

Can my fiancee or potential fiancee enter the U.S. on a B-1/2 visitor visa to satisfy the personal meeting requirement described above

If she is from a "third world" country or a country of the former Soviet Union, she will not be able to legally obtain a visitors visa to the U.S. If she is from a country such as England, Canada, Australia, etc., she will be able to enter the U.S. on either a visitors visa or on visa waiver. However, she must still return to her country to obtain a fiancee visa if your intention is to marry her.

How long does it take to obtain a fiancee visa

The times vary and are constantly changing depending on the area of the U.S. in which you reside and the country in which your fiancee resides, but generally it should not exceed 3-4 months if the application is handled correctly. The "secrets" to the timing are to ensure that the fiancee visa petition is perfect when it is submitted to the USCIS and that you or your attorney monitor the case as it processes through the bureaucratic system. If you have an attorney, he or she must have the knowledge and experience necessary to solve any problems that may pop up with either the USCIs or the Embassy. Unfortunately, problems do occur even when the petition is perfect. Keep in mind that the officers at both the USCIS and the Embassies are tremendously overworked and sometimes under trained. Like any job, some officers enjoy their work more than do others. If you are able to get through on the general public phone lines, the USCIS or US Consulate staff you talk to has only a computer screen in front of them to look at - not your case file - and can only make educated guesses as to what the status is. However, many staff members are unfamiliar with the fiancee visa or spousal visa processes because the K visa represents only a small fraction of immigration filings. A problem at the USCIS can delay your petition 3 months or longer and a problem at the Embassy can delay the application 6-12 months. If such a delay occurs you want to have someone representing you who knows what to do and how to do it in order to keep the delay to a minimum.

Can a fiancee visa be refused

Yes, though if you and your fiancee are genuine and meet the requirements this should not happen. Of the thousands of fiancee visa petitions filed with the USCIS every year, only approximately 60% result in a fiancee visa ever being issued by the Embassies. Why the figure is so low Of the 40% that do not make it, most are not denied but are terminated, by either the fiancee or U.S. fiance, because there were problems with either the USCIS or the Embassy that created long delays in the processing. So the timing is very essential in the fiancee visa process.

What is the best way to approach the fiancee visa process

There are several ways you can approach the fiancee visa process:

1. You can attempt to handle the paperwork yourself.

You and your fiancee fill out all documents yourselves, send them to USCIS, and wait for the results.

2. You can use a so called "fiancee visa service" to assist you.

In this way you hire somebody to fill out the documents for you and your fiancee, send them to USCIS, and wait for the results. This is probably the least desirable method as the "services", although they may lead you to believe they are attorneys, are in fact not US Immigration attorneys. When a problem or delay occurs in the normal course of processing, they cannot represent you or your fiancee before the Immigration and Naturalization Service or with the appropriate U.S. Embassy. When they cannot provide immigration help, or are unwilling to do so, you have no one to complain to because they are unlicensed and unregulated. Especially, do not hire an agency overseas. Fiancee visas are processed according to U.S. law, not the laws of the country where your fiancee resides. "Foreign agents" outside the U.S. are nearly always a scam. Always ask for a license when hiring an immigration service.

3. You can hire a U.S. immigration law firm that specializes in fiancee visas.

Although this is the more expensive of the three approaches, if you want your fiancee with you in the U.S. with speed and certainty and with the least amount of hassles, delays, investigations or denials, this is certainly the way to go. In your search for a U.S. immigration law firm to handle your matter, it is important to find someone who has the knowledge and skill to work your case through the system in a timely manner to the successful issuance of the visa, and has the necessary experience and established connections.

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