Visitor's visa while K1 pending

[dkrivosheyev 0]

Has anyone tried to apply for a visitor visa while K1 is pending? I am particularly interested in Russian embassy, and wondering is anyone had this experience before.

Thank you

[Turboguy 6]

Are you talking about having her visit the USA? Not a good idea. They are not supposed to allow it and even if she gets the visa she could be turned away at the POE.

If you are talking about visiting Russia, that is not a problem. If my ap stays in limbo for another month or two I am going to move to Russia till it gets through if it ever does.

[Marc and Olga 0]

Are you talking about having her visit the USA? Not a good idea. They are not supposed to allow it and even if she gets the visa she could be turned away at the POE.

If you are talking about visiting Russia, that is not a problem. If my ap stays in limbo for another month or two I am going to move to Russia till it gets through if it ever does.

if by AP you mean Advance Parole then I must ask you if you are aware leaving the US before it is approved that the USCIS considers that abandonment of your AOS paperwork...right?

If you mean something else then I appologize

to the OP, I have heard that you can try but it is highly unlikely that a Russian citizen can qualify for a visitor visa....best of luck to you though.

Edited March 15, 2007 by Marc and Olga

[slim 1,525]

Almost 100% guaranteed that a Russian citizen would not get a visitor visa while K-1 is processing.

USCs can go there, no problem.

[Turboguy 6]

Are you talking about having her visit the USA? Not a good idea. They are not supposed to allow it and even if she gets the visa she could be turned away at the POE.

If you are talking about visiting Russia, that is not a problem. If my ap stays in limbo for another month or two I am going to move to Russia till it gets through if it ever does.

if by AP you mean Advance Parole then I must ask you if you are aware leaving the US before it is approved that the USCIS considers that abandonment of your AOS paperwork...right?

If you mean something else then I appologize

to the OP, I have heard that you can try but it is highly unlikely that a Russian citizen can qualify for a visitor visa....best of luck to you though.

Marc, that is my fault. by ap I meant application. Sorry to have confused the issue. My K-1 application got hung up after NOA-2 at the NVC and was taked for Administrative Review so I am in a big black hole. Insted of being forwarded to the Moscow Embassy it is floating around Washington for some unknown reason. It is frustrating to see someone with the same timeline with thier interview set for 10 days from now and mine may not be for who knows when. I heard of one case that was in A/R (administrative review so I don't confuse anyone) for 8 years.

[Satellite 1]

My K-1 application got hung up after NOA-2 at the NVC and was taken for Administrative Review so I am in a big black hole. Instead of being forwarded to the Moscow Embassy it is floating around Washington for some unknown reason. It is frustrating to see someone with the same timeline with their interview set for 10 days from now and mine may not be for who knows when. I heard of one case that was in A/R (administrative review so I don't confuse anyone) for 8 years.

If I recall correctly this is I think your 3rd K1 petition. The more you file the better the odds are of getting caught in one of these AR holes. I sympathize with you, but I would also suspect that multiple filings might have influenced their decision to "review" you some more; if for nothing else, to make sure this time around you got the right one.

[JamesT 12]

I'm beginning to wonder if our approved paperwork has gotten lost somewhere between the NVC and Moscow! I got this e-mail from the NVC on March 2:

Dear Sir,

The visa petition you mentioned in your inquiry has recently been

forwarded to the US Embassy/Consulate General. Please allow 10-15 business

days for the Embassy/Consulate General to receive the petition

Any further inquiries should be directed to the assigned US Embassy or

Consulate General.

Case Number: MOS2007------

Beneficiary's Name: XXXXXXXXXXXX,EKATERINA

Preference Category: K1

Your Priority Date: 17Nov2006

Foreign State Chargeability: RUSSIA

U.S. Embassy/Consulate: AMERIKANSKOYE POSOL'STVO

KONSYL'SKIY OTDEL, NOVINSKIY BUL'VAR

19/23

121099 G. MOSKVA

RUSSIA

Traveling Applicants:

NAME DOB POB

XXXXXXXXXXXX,EKATERINA --Jun---- RUS

Regards,

National Visa Center

EAC

Then I got this e-mail from the Embassy this morning:

As of today, we have not received the case from NVC and suggest that you contact us in 1-2 weeks for updated info

Sincerely,

Public Liaison Unit

Consular Section

US Embassy, Moscow

I'm not panicing yet or anything like that, but it seems odd that it would take more then 2 weeks to get to Moscow.

[Turboguy 6]

I would not panic yet. It does seem to take a couple of weeks. I think they do these things in piles and leave them sit for a while. Give it another week or so and it will likely be there.

Satellite,

No, it is my second K-1. Hopefully I learned from the first one. I am quite sure this time I have a very good gal.

I think if my past K-1 was the problem it would have caught up to me in Vermont not at NVC. They approved my petition in Vermont with a waver for multiple filings within less than two years. (22 months actually). If I had to guess what the snag is I would guess because it is also the second K-1 for my fiancee. I have a feeling her name came up as having been here on a K-1 before and they are looking into the circumstances and making sure she did not overstay her visa which she did not. Other than that I have no idea why it ran into problems but it sure is a pain.

Edited March 16, 2007 by Turboguy

[MPGGPM 0]

Has anyone tried to apply for a visitor visa while K1 is pending? I am particularly interested in Russian embassy, and wondering is anyone had this experience before.

Thank you

This is a link that you would probably find interesting. It's on the topic that your question is related to.

http://www.visajourney.com/forums/index.php?showtopic=32261

[Turboguy 6]

Not the same thing MPG. The fiancee visited in June and 3 months later in September they filed the K-1 visa application. Visiting while a K-1 is pending is considered Visa fraud as I understand.

[JamesT 12]

FYI - this is the 2nd K1 filing for my fiancee too. I filed the for the first one in 11/2005, and all went well and it was approved and she got the visa in 06/2006. She came here in 07/2006, but we didn't get married and she went back to Russia after only about 2 weeks. (She had problems with her grandmother's very bad health and other family issues, and her mind just wasn't into getting married at that time.) Then after she got everything straightened out with her family, we filed for a second K1 in 11/2006. It was approved with no problems by CSC and the NVC, and now we wait for an interview date.

[Turboguy 6]

I think they look a little more kindly on someone who files again for the same fiancee. Both my first filing and my fiancee's are our second (different) fiancee.

I don't usually talk about why my fiancee's first K-1 did not work out but after they guy got her here, he confided in her that he also liked men and said he hoped she did not mind sharing him with his boyfriend. She said, buy me a ticket back to Russia.

I think it is tough for a woman to be away from her family and if there are health problems to deal with I can easily understand why she wanted to go home. I am sure it will work much better this time and I wish you the best of luck.

[slim 1,525]

I think they look a little more kindly on someone who files again for the same fiancee. Both my first filing and my fiancee's are our second (different) fiancee.

I don't usually talk about why my fiancee's first K-1 did not work out but after they guy got her here, he confided in her that he also liked men and said he hoped she did not mind sharing him with his boyfriend. She said, buy me a ticket back to Russia.

I think it is tough for a woman to be away from her family and if there are health problems to deal with I can easily understand why she wanted to go home. I am sure it will work much better this time and I wish you the best of luck.

Man, you guys could probably get on Springer with this story!

2nd filings for the both of you HAS to be the reason you're in A/R for so long. This was the whole purpose of IMBRA; to protect women from "bad guys" (that do multiple filings because they get the women here then beat/rape/abuse them) and even a little bit to protect guys from "professional marriage broker agents" (that agree to marry a guy, get here, assess his worth, then either take him for a green card and 1/2 his money or jump ship and go back home to land the bigger fish), so your case is probably being delayed thanks to our latest and greatest immigration law.

All joking aside, I think this extra time should really solidify your chances of being approved. If the govt. is going to check and double check your case, the interview should be a snap. They'll already know you have a "real relationship" and whatever reasoning behind the termination of your previous filings was resolved in your current filings. Basically, you both had a crack at this international marriage/immigration/visa process thing already, for whatever reason it didn't work out, and now you're both back at, with the experience from last time and the "choice" to do it again this time.

Hang in there, and good luck!

[MPGGPM 0]

Not the same thing MPG. The fiancee visited in June and 3 months later in September they filed the K-1 visa application. Visiting while a K-1 is pending is considered Visa fraud as I understand.

It's not fraud to visit while a k-1 is pending.....it happens all the time. Although I filed for a Cr-1 and not a k-1....I was able to get a tourist visa for my wife during the process. If the consulate thought it was "fraud"...doubt they would have granted us one.

Not knowing much about how things are done in Russia , because my wife is Turkish, I don't know the particulars of what it's like to get a visa there , but still, with a good argument, and proof etc..., I would imagine the chances are similar to getting one from Turkey. I don't think getting a tourist visa through either country would be easy (especially after an immigrant visa was filed for).

I think it mainly depends on the individual circumstances.

[Turboguy 6]

I have never tried it to know first hand but they don't mind if the US citizen visits his/her foreign fiancee but If there is a K-1 pending and the foreign fiancee enters the country on a tourist visa they belive the real object of the trip was to visit the fiancee and not to be a tourist. Therefore it is immigrtion fraud and grounds for denial and banning. I am sure if the case could be established that the purpose of the trip really was as a tourist and that they were not going to visit the fiancee then they would not have a problem.

Never did it to know for sure but that is the word that floated up to my ears.