Need visa in 7 months (split topic)

[mark-aaron 2]

Need a Visa for Ukrainian Spouse within 7-8 months (very important)

 

I'm an American in Ukraine who very recently married my Ukrainian wife here.  We need to receive her VISA so she may come to America in December to meet my family.   This timeframe of December is very important.  We are very confused as to which Visa to get. 

Should we apply for the CR1 spouse visa?  The concern with this is we may not get it by December (which is 8 months away).  

What if we do not get it by December?  Should we get a tourist visa too?  Or should we only get a tourist visa and then petition for her in the USA at that point?  Thanks, any solid advice is welcome.  

[KierenHby 899]

1 hour ago, mark-aaron said:

Need a Visa for Ukrainian Spouse within 7-8 months (very important)

 

I'm an American in Ukraine who very recently married my Ukrainian wife here.  We need to receive her VISA so she may come to America in December to meet my family.   This timeframe of December is very important.  We are very confused as to which Visa to get. 

Should we apply for the CR1 spouse visa?  The concern with this is we may not get it by December (which is 8 months away).  

What if we do not get it by December?  Should we get a tourist visa too?  Or should we only get a tourist visa and then petition for her in the USA at that point?  Thanks, any solid advice is welcome.  

If wife intends to immigrate to the US, CR1 visa is appropriate, 12-mo process on average, and December approval seems unlikely. There are no certainties with immigration, and there are inherent risks with marrying on overseas spouse. 

 

She could apply for a B2 visa but no guarantee she'd be approved. Even if b2 is approved, she cannot use that to enter the US to be petitioned for a spousal visa. CR1 interview should be in Kyiv. Better to begin her petition sooner than later. 

[Ryan H 3,819]

Post split from unrelated pinned topic.

[Boiler 45,853]

To visit in December she will need a B2.

[oloyede777 10]

Tourist visa will be faster than CR1. she should visit one of your family member.

Then, tender CRI petition to have your wife there with you.

Congratulations on your new wedding.

[nightingalejules 678]

30 minutes ago, oloyede777 said:

Tourist visa will be faster than CR1. she should visit one of your family member.

Then, tender CRI petition to have your wife there with you.

Congratulations on your new wedding.

This plan would be illegal. Do not take this advice.

It is illegal to come to the US on a tourist visa with the intention to immigrate.... and this type of fraud is exactly the reason why honest people who are trying to visit while their legal immigration processes often have a difficult time.

 

Here's what you should do, to avoid visa fraud and have the best chance of this December visit.

Apply for the CR1 visa, despite the fact that it will almost certainly not be approved in time for a December visit. Then, while it is processing, (after you have received your NOA1, apply for a tourist visa. Make sure your wife has good evidence of ties to her home country, (like a job and apartment etc) and only plan for a short visit (get a round trip ticket). 

 

If you try to apply for a tourist visa before you apply for the CR1, she will likely be denied because they will assume that she plans to try to stay illegally and adjust status.

 

If she is able to be very clear that while she does intend to immigrate at some point, she will not do so until she is legally allowed to. The December visit is to spend time with her new family, at which point she will return home to have her interview and get ready to move once her CR1 visa is approved.

 

It's not a guarantee, but it's your best option (and the only legal one).

[mark-aaron 2]

Thanks for the information.  Something else just came up.. I am currently abroad in Ukraine, but have a permanent address in California.  Should I send the I-130 to the Phoenix lockbox (California) , or the Chicago lockbox (not in the USA)?
 

 

[kcrb 24]

My interview is April 27th and our priority date is August 9th. That puts us at almost 9 months, and that is considered fast. My case sat at the NVC for almost 12 weeks, and they just increased their processing times based on the influx of cases. My lawyer was honest with me and said the quickest the case could ever be done is 7-8 months. Typically it takes a year. If it is absolutely imperative that she is there in December, wait until she returns to Russia after her trip in December to file the I-130. DO NOT ALLOW HER TO WAIT IN THE US WHILE YOUR CASE IS BEING PROCESSED, THIS IS ILLEGAL AND CONSIDERED VISA FRAUD. 

 

If you file now, be prepared for her to be denied a tourist visa. Even if she is granted a tourist visa inside the Ukraine, it does not automatically mean that she will be admitted at the POE. She very well could be turned away and put on the next flight home. She will need to provide SIGNIFICANT ties to the Ukraine to prove she just visiting your family and will not wait there with you until her case is processed. My wife has a tourist visa and has been denied entry at POE twice. To me, it isn't worth the risk. 

[mark-aaron 2]

23 minutes ago, kcrb said:

My interview is April 27th and our priority date is August 9th. That puts us at almost 9 months, and that is considered fast.

Thanks for detailing your experience.. so, this brings up the question: 

 

How many days are between the time you were notified of the interview date, and the actual interview date?

[kcrb 24]

3 minutes ago, mark-aaron said:

Thanks for detailing your experience.. so, this brings up the question: 

 

How many days are between the time you were notified of the interview date, and the actual interview date?

 

Received the interview date on March 11th. Case Closed at NVC was March 1st. 47 days between P4 packet being sent and the interview. 

 

 

[mark-aaron 2]

12 minutes ago, kcrb said:

 My case sat at the NVC for almost 12 weeks, and they just increased their processing times based on the influx of cases. My lawyer was honest with me and said the quickest the case could ever be done is 7-8 months.

 

 

So from the date you sent the I-130 to the lockbox to priority date is how long?

Edited March 21, 2017 by mark-aaron

[Eric-Pris 1,607]

Unfortunately, sometimes we don't get what we want when it comes to US immigration.  I hoped that my wife (then girlfriend) could visit me before we filed for fiancée visa, but she was denied.  Now, she's a USC and wants her sister to visit us.  Denied. 

 

Apply for the CR-1 and hope for the best but plan for the worst. 

[Eric-Pris 1,607]

On ‎3‎/‎20‎/‎2017 at 2:18 AM, nightingalejules said:

Here's what you should do, to avoid visa fraud and have the best chance of this December visit.

Apply for the CR1 visa, despite the fact that it will almost certainly not be approved in time for a December visit. Then, while it is processing, (after you have received your NOA1, apply for a tourist visa. Make sure your wife has good evidence of ties to her home country, (like a job and apartment etc) and only plan for a short visit (get a round trip ticket). 

DO NOT BUY A TICKET BEFORE GETTING THE TOURIST VISA BECAUSE YOU WILL JUST BE WASTING MONEY SINCE THE CHANCES OF HER GETTING A TOURIST VISA (ONCE THEY FIND OUT THAT SHE HAS A USC HUSBAND) IS SLIM TO NONE.

[mark-aaron 2]

1 minute ago, Eric-Pris said:

DO NOT BUY A TICKET BEFORE GETTING THE TOURIST VISA BECAUSE YOU WILL JUST BE WASTING MONEY SINCE THE CHANCES OF HER GETTING A TOURIST VISA (ONCE THEY FIND OUT THAT SHE HAS A USC HUSBAND) IS SLIM TO NONE.

It has taken me a while to grasp the reasoning behind this, but I'm finally starting to get why.  too many people abusing the Tourist Visa and staying in America.  Makes sense.

[kcrb 24]

1 hour ago, mark-aaron said:

So from the date you sent the I-130 to the lockbox to priority date is how long?

If you're asking what I think you're asking, Visa Journey says the time between my NOA1 and her interview date is 248 days.