K-3 / B-2 / I-130 / I-129F / DS-156 SPOUSE / WIFE / VISA WORK-AROUNDS /

[trialect 0]

I have created this topic because of a problem and questions I'm having though all can benefit from the dialog regarding solutions to SOMETHING / ANYTHING / other than waiting the close to a year time frame for their wife to come to the U.S. after being married and filing the I-130.

[trialect 0]

I need HELP HELP HELP with bring my Russian wife to the U.S.

FACTS AND BACKGROUND

FACTS

-I am American (In America)

-My Wife is Russian (In Russia)

-Marriage was in Russia

-My Wife has my American last name (surname) on her international passport.

-My Wife has been to the U.S. 2 times on a J-1 Student visa. I read the Foreign Affairs Manual on this and it does not seem to matter.

-My Wife has just graduated college

-My Wife is an owner of a residence in Russia.

BACKGROUND

I am getting ready to file for a K-3 visa for my wife.

The times for this from start to interview is roughly 200 days

An additional 50 days later still until the consulate issues the visa.

I'm wanting to work in Washington D.C. where I have a job offer though if there are no "work-arounds" regarding her coming her then I will have move there and been poor for the 250 days...but with her for that time.

QUESTIONS

1) Can she apply for a B-2 Spouse Visa?

2) Would she get approved or denied?

APPROVED

a) If approved can we file the I-130 and I-129F (when she is in the U.S. and not get in trouble and change her status to be here legally

B) Could she be approved and opened a B-2 Visa if I filed for her K-3 prior?

i) Would this even matter as the Moscow consulate would not have received anything from the NVC at that point?

c) Would she, if in the U.S. under the B-2, have to fly back to Russia after the K-3 is approved to be able to receive it and/or change status.

d) How long would it take for her to receive the B-2 visa

DENIED

a) Are there any other solutions to bring my wife to the U.S. without waiting for the K-3 visa?

Any information regarding some / part / or all this would be greatly appreciated.

[Dan J 277]

Can she apply for a B-2 Spouse Visa? B-2 is a tourist visa. Yes she can apply for it, but its up to the embassy to approve it. Being that she has a husband here, the possiblity of immigration is likely. Because of that they would probably deny the visa.

Without applying for K-3 you can take the CR-1/IR-1 option. It takes a bit longer to process ussualy, but you wont have to file AOS upon entry.

K-3 or CR-1/IR-1 are pretty much your only legal options. There isnt much you can do to expide it either, short of joining the military and getting deployed.

[pushbrk 12,824]

I have created this topic because of a problem and questions I'm having though all can benefit from the dialog regarding solutions to SOMETHING / ANYTHING / other than waiting the close to a year time frame for their wife to come to the U.S. after being married and filing the I-130.

The best you can do is follow the guides for married people. See "Guides" at the top of every page. Your Russian wife is very unlikely to be approved for a B2 visitor visa, (It is not a B2 spouse visa.) because immigrant intent will be correctly assumed.

Be careful with the idea of moving to Russia and being poor. You'll still need to qualify as her sponsor. Leaving your job could make that pretty difficult to do. We all feel your pain, as we've been through pretty much the same process. Most of us were limited to visiting our spouse's as our jobs and finances allowed, during the process.

There are no silver bullets to get around the visa process. You navigate it the best you can.

[MissStacey 1]

We all know your frustration with this process.

But the fact is, we all have to go through it. It isn't easy, but it's worth it in end.

I have seen my husband a total of 4 days in the last 10 months. I just got my K3 Visa and am returning to the US in 5 days!! I will be home for our first wedding anniversary!

K3 was awesome for me! If only we had filed it 4 months earlier But that is in the past now.

Good Luck to you on your journey!!

[Rings 10]

We all want to speed this up, but unfortunately there are not many ways of avoiding the system and still doing it legally. I recommend that you just hang tight and submit the I-130 and you never know...things may go quickly for you

[Yodrak 7]

trialect,

1) Yes, she can apply for a B2 visa. As pushbrk notes a B2 is a tourist visitor visa, not restricted to spouses.

2) She might be approved, she might be denied. Only the consular officer who processes her application can answer this question.

If approved:

a) First, recognize that getting a B2 visa will not necessarily get her into the USA, it will only allow her to come to a US POE and request entry. The CBP immigration officer who inspects her at the POE will decide whether or not she can enter. If she gains entry you can petition for her while she is here visiting you. She can also apply to adjust status. If approved she will become an LPR. If denied she will go back to Russia and it will be a long time if ever before she can try to come back to the USA, and you may face a stiff fine (don't know about possible jail time).

i) I don't understand this question.

c) A K3 visa will not be approved for her while she is in the USA. Before a visa can be approved she will have to apply for it, take care of some application items in Russia, and interview for the visa at the US consulate in Moscow.

If denied:

a) Two other solutions: an immigrant visa, but she'll probably wait longer for that than she would for a K3 visa, or she could swim the Bering Straight.

Yodrak

.....

QUESTIONS

1) Can she apply for a B-2 Spouse Visa?

2) Would she get approved or denied?

APPROVED

a) If approved can we file the I-130 and I-129F (when she is in the U.S. and not get in trouble and change her status to be here legally

Could she be approved and opened a B-2 Visa if I filed for her K-3 prior?

i) Would this even matter as the Moscow consulate would not have received anything from the NVC at that point?

c) Would she, if in the U.S. under the B-2, have to fly back to Russia after the K-3 is approved to be able to receive it and/or change status.

d) How long would it take for her to receive the B-2 visa

DENIED

a) Are there any other solutions to bring my wife to the U.S. without waiting for the K-3 visa?

Any information regarding some / part / or all this would be greatly appreciated.

Edited June 8, 2007 by Yodrak