Starting DFC early

[DDT 65]

Hi,

I am a US citizen who has been living in St Petersburg since last October. I have a 1 year Multiple entry Business Visa without the restrictions, so I am NOT subject to the new 90 in /90 out days rule. I am planing on marrying here in Russia, as soon as i can get all my documents together. I want to apply for a spouse visa if i can. If things take too long I suppose i will apply for a K1.

I have some questions...perhaps there is someone here who been through this.

1) Can I apply for a spouse to immigrate to USA through Direct Consular Filing at my local US Consulate or Embassy in Russia? (Yes, I know I can apply, but do you think I can qualify as a resident? A woman at the Moscow Embassy told me I could just show them my Visa and I should be OK.

2) If so, can I begin the application before actually getting married? (I should be married in a couple of months, but I want to start the process early)

3) In case there is delay in getting married and I can not continue with a Spouse Visa before leaving Russia, can I easily switch to a K1 Visa and continue the process. Or will I have wasted the time filing for the DCF and have to start all over again?

In the case that I decide bring my fiancé to the country of my other citizenship, Australia on their fiancé Visa instead.

Let's say after I file for an Australian fiancé Visa, I go back to the USA in order to sell my things so I can move back to Australia and I will be there in the USA several months and I want to take my fiancé with me or have her meet me there later.

4) Can my fiancé get a tourist visa for the USA if she shows the US Visa office in St Petersburg copies of her applications to go to Australia as on their fiancé Visa program? Will this be enough to satisfy the US officials that she will not be a risk of breaking the law and staying in America. ( I understand the Australians will sent her Visa to an Australian Embassy in the USA if requested and she can pick it up there instead of waiting in Russia)

I have given up trying to get helpful information from the Moscow Embassy on this. They are incompetent . I just actually paid some ridiculous amount to talk on the phone to them and they ....well I'm not even going to say how much of a waste that was. My advice is don't bother calling them!!

Thanks to anyone who can help, in advance.!!!

[MargotDarko 0]

If you have lived in Russia for at least six months and have established a residence there, then yes, they should accept your petition to begin the spousal visa process.

You definitely cannot do anything towards starting DCF until you are married. You must submit the marriage certificate (or whatever the equiv. is there) with the I-130 petition.

If you two do want to settle in the US, your best route is to get the documents together to get married, marry, and then file the I-130 at the consulate before you leave Russia and then she can finish up the process there and follow you. You would also have the option of staying in Russia until she had the visa and traveling to the US with her. DCF in most countries does not take more than two to four months.

Your third question is a moot point because if you've begun the DCF process, then you'd already be married and would not be eligible to start the K1 fiance visa process when returning to the US.

Good luck!

Edited May 14, 2008 by MargotDarko

[DDT 65]

If you have lived in Russia for at least six months and have established a residence there, then yes, they should accept your petition to begin the spousal visa process.

You definitely cannot do anything towards starting DCF until you are married. You must submit the marriage certificate (or whatever the equiv. is there) with the I-130 petition.

If you two do want to settle in the US, your best route is to get the documents together to get married, marry, and then file the I-130 at the consulate before you leave Russia and then she can finish up the process there and follow you. You would also have the option of staying in Russia until she had the visa and traveling to the US with her. DCF in most countries does not take more than two to four months.

Your third question is a moot point because if you've begun the DCF process, then you'd already be married and would not be eligible to start the K1 fiance visa process when returning to the US.

Good luck!

Thanks for your reply.

I was waiting for some more input but I have another question.

It seems that I will not have everything ready in order to get married until a month or so before I have to leave Russia. Do you think at this point it would be faster to just apply for a K1 Visa right away in order to at least start the process or better to wait till we are married and file DCF shortly before I have to leave?

[MargotDarko 0]

If you have lived in Russia for at least six months and have established a residence there, then yes, they should accept your petition to begin the spousal visa process.

You definitely cannot do anything towards starting DCF until you are married. You must submit the marriage certificate (or whatever the equiv. is there) with the I-130 petition.

If you two do want to settle in the US, your best route is to get the documents together to get married, marry, and then file the I-130 at the consulate before you leave Russia and then she can finish up the process there and follow you. You would also have the option of staying in Russia until she had the visa and traveling to the US with her. DCF in most countries does not take more than two to four months.

Your third question is a moot point because if you've begun the DCF process, then you'd already be married and would not be eligible to start the K1 fiance visa process when returning to the US.

Good luck!

Thanks for your reply.

I was waiting for some more input but I have another question.

It seems that I will not have everything ready in order to get married until a month or so before I have to leave Russia. Do you think at this point it would be faster to just apply for a K1 Visa right away in order to at least start the process or better to wait till we are married and file DCF shortly before I have to leave?

It is definitely better to get married and file DCF shortly before you have to leave. The K1 visa takes longer (not much, but still a couple months or more I believe, I am not sure on the DCF timeline for Russia), and in addtion will cost you a lot more in the long run becuase of the further hoops you'll have to jump through and be harder for your wife because she would arriving as a non-immigrant resident instead of a permanent resident with a green card like with DCF and getting the CR1 visa.

There may or may not be able a problem with your I-130 petition being accepted when your Russian visa is about to expire. I have heard of them being really quite lenient in the past, so I would personally take the risk in your position. Your wife being able to arrive in the US as a permanent resident and not having to go through adjustment of status is a huge advantage, and the worst that will happen is a month or two set back on starting the process for a K3 or CR1 through a US service center.

[DDT 65]

If you have lived in Russia for at least six months and have established a residence there, then yes, they should accept your petition to begin the spousal visa process.

You definitely cannot do anything towards starting DCF until you are married. You must submit the marriage certificate (or whatever the equiv. is there) with the I-130 petition.

If you two do want to settle in the US, your best route is to get the documents together to get married, marry, and then file the I-130 at the consulate before you leave Russia and then she can finish up the process there and follow you. You would also have the option of staying in Russia until she had the visa and traveling to the US with her. DCF in most countries does not take more than two to four months.

Your third question is a moot point because if you've begun the DCF process, then you'd already be married and would not be eligible to start the K1 fiance visa process when returning to the US.

Good luck!

Thanks for your reply.

I was waiting for some more input but I have another question.

It seems that I will not have everything ready in order to get married until a month or so before I have to leave Russia. Do you think at this point it would be faster to just apply for a K1 Visa right away in order to at least start the process or better to wait till we are married and file DCF shortly before I have to leave?

It is definitely better to get married and file DCF shortly before you have to leave. The K1 visa takes longer (not much, but still a couple months or more I believe, I am not sure on the DCF timeline for Russia), and in addtion will cost you a lot more in the long run becuase of the further hoops you'll have to jump through and be harder for your wife because she would arriving as a non-immigrant resident instead of a permanent resident with a green card like with DCF and getting the CR1 visa.

There may or may not be able a problem with your I-130 petition being accepted when your Russian visa is about to expire. I have heard of them being really quite lenient in the past, so I would personally take the risk in your position. Your wife being able to arrive in the US as a permanent resident and not having to go through adjustment of status is a huge advantage, and the worst that will happen is a month or two set back on starting the process for a K3 or CR1 through a US service center.

Well as it turns out, I do not have to wait for a particular paper from Australia so I will be able to get married fairly shortly. Thanks. I am off to Moscow.

[MargotDarko 0]

Well as it turns out, I do not have to wait for a particular paper from Australia so I will be able to get married fairly shortly. Thanks. I am off to Moscow.

That's great. Good luck with everything!