American wants to marry a Russian Fiancee

[amy n 0]

I have an american friend who is engaged to a girl from UKRAINE. They met in the US, she came in with H1 Visa . They are planning to get married next month. But, she went home last month to visit her mom who is very ill. Can she come back to the US with the same visa considering that she overstayed her visa for 2 months? If not, is it hard to get a tourist visa to return? What other option can she have now?

[Chuckles 0]

Maybe someone can help you here, I don't know.

HOWEVER, you should ask this question in the Ukraine forum (europe and eurasia) as Russia is a completely different country then Ukraine, with most likely different circumstances concerning this sort of thing.

[Corey-Mariya 14]

Maybe someone can help you here, I don't know.

HOWEVER, you should ask this question in the Ukraine forum (europe and eurasia) as Russia is a completely different country then Ukraine, with most likely different circumstances concerning this sort of thing.

hey

im sure that tourist visa is a bad idea, because its almost impossible to get for a girl. i got denied with tourist visa in november and we applied for k-1 visa, probably they should try to do it too?

good luck!

mariya

[eekee 182]

Is she trying to get a tourist visa to come to the US with the intention of getting married? if yes, that's visa fraud. it seems like they need to file for k-1... it might be better to ask this question in the k-1 forum. that's the fiance/e visa, after all.

Edited May 9, 2008 by eekee

[slim 1,533]

If she overstayed her H-1, how the heck could she re-enter with the same (expired) visa?

She can apply for a tourist visa but without a valid reason to come to the U.S., it's not likely that she'll get one. Russia is pretty hard, Ukraine is probably almost as difficult.

What she should've done was gotten married before she went back. She could've applied for AOS and gotten advance parole and then legally been able to travel back and forth. Now, she can't come back until she gets another visa and the quickest way is probably to get another H-1 or file for the K-1. Take a shot with the tourist visa, it's only $100, but it's tecnically "fraud." If she comes here as a tourist and just happens to get married, that's not fraud, but if she uses it to get married that is. Could mess up the AOS later. Who knows.

Probably the best bet for them right now is to apply for another H-1 if possible and if that won't work then to go for the K-1.

[Satellite 1]

The key question here is how long was the H1-B overstay? If it was under 180 days you can apply for another H1-B (specialty occupation), B1/B2 (tourist / business), K1 (fiancee), and CR-1 (marriage). However, if it was over 180 days and under 360 days you have a 3 year ban on re-entry and a 10 year ban if over 360 days. That being said if you are facing a ban you are limited to a K1 or CR-1, at the cost of a successfully approved I-601 hardship waiver. Also the overstay is measured based on your I-94 and not the visa itself. See:

http://www.immspec.com/h-1b-visa-renewal.htm

For some renewal rules on an H1-B

[Blues Fairy 0]

If she overstayed her H-1, how the heck could she re-enter with the same (expired) visa?

Her H-1 may be multi-entry and if her overstay of I-94 was insignificant, she may try to reenter. However, if they have an intention to marry and adjust status when she returns, they should apply for a K-1; applying for any other type of visa would be considered fraud.

[payxibka 10,047]

Maybe someone can help you here, I don't know.

HOWEVER, you should ask this question in the Ukraine forum (europe and eurasia) as Russia is a completely different country then Ukraine, with most likely different circumstances concerning this sort of thing.

The primary issue here is the overstay which has the same implications worldwide and not a Russian/Ukrainian thing.

[Satellite 1]

Her H-1 may be multi-entry and if her overstay of I-94 was insignificant, she may try to reenter. However, if they have an intention to marry and adjust status when she returns, they should apply for a K-1; applying for any other type of visa would be considered fraud.

H1-B visas are dual intent and you can have the intent to "marry" or "immigrate" as well as the intent to work for your employer.

[Blues Fairy 0]

H1-B visas are dual intent and you can have the intent to "marry" or "immigrate" as well as the intent to work for your employer.

Wow! So when applying for H-1, one does not have to prove absence of immigration intent?

[eekee 182]

You can apply for a green card if you have a H-1. I know many people who have done it and eventually became citizens.

H1-B visas are dual intent and you can have the intent to "marry" or "immigrate" as well as the intent to work for your employer.

Wow! So when applying for H-1, one does not have to prove absence of immigration intent?

[Blues Fairy 0]

You can apply for a green card if you have a H-1. I know many people who have done it and eventually became citizens.

Yes, I know such people too (and those who adjusted from tourist visas, too). But I asked a different question. If H-1 is dual intent, does it mean you can ENTER the U.S. on it with obvious immigration intent? And still adjust without problem?

If the OP's friend gets married shortly after re-entry, she'll will have a hard time proving she had no intent to marry and adjust status before she re-entered.

[eekee 182]

Yes, it's recognized as "dual-intent." So they are not going to question why you want to go to the United States and why you want to go there--i think that it is pretty much given out with the understanding that if your job works out well that you will immigrate.

You can apply for a green card if you have a H-1. I know many people who have done it and eventually became citizens.

Yes, I know such people too (and those who adjusted from tourist visas, too). But I asked a different question. If H-1 is dual intent, does it mean you can ENTER the U.S. on it with obvious immigration intent? And still adjust without problem?

If the OP's friend gets married shortly after re-entry, she'll will have a hard time proving she had no intent to marry and adjust status before she re-entered.

[amy n 0]

The key question here is how long was the H1-B overstay? If it was under 180 days you can apply for another H1-B (specialty occupation), B1/B2 (tourist / business), K1 (fiancee), and CR-1 (marriage). However, if it was over 180 days and under 360 days you have a 3 year ban on re-entry and a 10 year ban if over 360 days. That being said if you are facing a ban you are limited to a K1 or CR-1, at the cost of a successfully approved I-601 hardship waiver. Also the overstay is measured based on your I-94 and not the visa itself. See:

http://www.immspec.com/h-1b-visa-renewal.htm

For some renewal rules on an H1-B

She overstayed for 2months. So, she can apply another H1 Visa. Thanks for this wonderful info. It helps a lot.

[amy n 0]

THANKS VJ Family for the Pro's and Con's