2 previous K1 visas for my fiance--a problem?

[HP+IC 292]

31 minutes ago, Orangesapples said:

That's actually not true and it's really bad advice to tell someone to wait to get pregnant after 40. Some women can have healthy babies at 40 but the risks are much bigger and complications and birth defects much more likely, not to mention how much more difficult it is to get pregnant in the first place. 

Even on the Russian immigration website ('pink' site or 'tutnetam' which I visited once and couldn't force myself to repeat) those who are already in the US clearly urge K1s: do not get pregnant immediately off the plane, get married, get your GC, remove conditions, get established in the US, that is, wait for several years into your relationship. No marriage ever became solid due to a child being born and lots of marriages were ruined due to a child coming too soon. With all respect, childbirth is not something that benefits from rush.

[mushroomspore 3,044]

2 hours ago, DaveB7 said:

Oh, that's how quoting works!

Yes, she didn't go.

 

Well, she didn't think about a college, but a several week-long course at an "immersive" Language school in the states. They said on their websites that help with visas

 

CR1... Someone has mentioned like a year and a half of waiting. We want kids soon (some age-based considerations), and my employer won't be happy if I try to travel every month or two for so long.

I live in Los Angeles and we have a LOT of those language schools here. Some are pretty hecking sketchy. There have been reports of some language schools engaging in immigration fraud. Even if they are legitimate, her hypothetical F1 would only be good for as long as the program lasts. It is also illegal to use F1 as a "shortcut" for getting her into the US so she can stay with you. 

 

Whether you do K1 or CR1, there's no way around the fact your case will be intensely scrutinized for obvious reasons. CR1 does have certain advantages: immigrant gets GC shortly after arrival, can work/travel right away, cheaper than K1, may help your case if you guys straight-up marry to show commitment. Nothing fast or easy about this process, no matter which way you slice it. I find it funny when people say they think 1-2 years of separation time and waiting are too much to handle. That amount of time is nothing in the grand scheme of what is hopefully a long marriage that lasts until your deaths. It is for the goal of being together anyways. Sorry but if you can't handle the separation time, maybe don't be in a long-distance relationship and the immigration process.

[Boiler 45,952]

1 minute ago, mushroomspore said:

I live in Los Angeles and we have a LOT of those language schools here. Some are pretty hecking sketchy. There have been reports of some language schools engaging in immigration fraud. Even if they are legitimate, her hypothetical F1 would only be good for as long as the program lasts. It is also illegal to use F1 as a "shortcut" for getting her into the US so she can stay with you. 

 

Whether you do K1 or CR1, there's no way around the fact your case will be intensely scrutinized for obvious reasons. CR1 does have certain advantages: immigrant gets GC shortly after arrival, can work/travel right away, cheaper than K1, may help your case if you guys straight-up marry to show commitment. Nothing fast or easy about this process, no matter which way you slice it. I find it funny when people say they think 1-2 years of separation time and waiting are too much to handle. That amount of time is nothing in the grand scheme of what is hopefully a long marriage that lasts until your deaths. It is for the goal of being together anyways. Sorry but if you can't handle the separation time, maybe don't be in a long-distance relationship and the immigration process.

Why would an English Teacher want to go to one of those schools anyway?

 

Especially as it seems she is c 40.

 

I assume they are of the type you also see in the UK.

 

I know people who teach ESL, does not seem that well paid, how could a Teacher in Russia afford to go to one?

[p-ana 933]

If she didn’t go to the last interview, it might be worth checking if the application is dead or else there will be complications in the next filing

[C&AH 104]

My 2 cents is that, given the background,  you might consider getting married and applying for the CR-1 and not mention anything about wanting kids "as soon as possible" as you put it (anchor baby?... not my thoughts but who knows what might enter the mind of a CO.) If it were me, I would be wary about even applying for an F1 because a denial could complicate your CR-1 process down the road. I'd also be wary of a K-1 in light of the background.

 

You seem to be concerned about the time involved in a CR-1 but think of it this way. How much longer would it take if her K-1 is denied? Then you might consider if you are financially able to pay the additional fees that accompany the K-1 plus is she willing to not work or travel outside the US for several months? 

 

No one can tell you what to do but whatever you do, do not give a CO the impression that she is with you with the sole purpose of immigration intent. Wonder what she would say if you offered to move to Russia? Just my other 2 cents.  

Edited September 24, 2018 by C&AH

[R&OC 371]

I would advise to go for a CR-1: For one, both K1 and CR1 take almost the same amount of time. Right now, the service center in California is working on February/March 2018 K1 Petitions and CR-1 is the same. NVC seems to have decreased their processing times... meaning both need almost the same amount of time to come to an end.

 

Given that you are both married, she may have a better leg to stand on regarding the two previous K1's. And I agree with you, from my perspective it shows that she choose happiness and had her serious doubts whether or not the marriage would work out. The older we get, the more evidence /baggage we have. And if your girlfriend's intention was only to immigrate, she could have done it the first time around.

 

But she will face a few difficult questions and perhaps it is easier if you guys meet up regularly while waiting for the CR-1 process to come to an end and have enough evidence for a good bona-fide argument.

 

 

 

 

 

[mushroomspore 3,044]

1 hour ago, Orangesapples said:

That's actually not true and it's really bad advice to tell someone to wait to get pregnant after 40. Some women can have healthy babies at 40 but the risks are much bigger and complications and birth defects much more likely, not to mention how much more difficult it is to get pregnant in the first place. 

I don't think @debbiedoo was encouraging anyone to wait to get pregnant after 40. I think she was just saying that if you ARE a woman around or over 40 and you haven't had children yet (for whatever reason, since there are many), it's not a lost cause for you. Fertility treatments have definitely come a long way. I know a bunch of women who got pregnant at 40 due to IVF treatments (one being my aunt, who had triplets!). 

 

If the desire for children and time constraints are such an important factor, there's also nothing stopping OP and his fiancee from seeking out resources in their respective countries to figure out what their options are and coming up with a plan. In 2013, Russia began providing free treatment for IVF patients under their basic health plan. Like immigration, it just takes some research and long-term planning.

[DaveB7 1]

17 minutes ago, R&OC said:

I would advise to go for a CR-1: For one, both K1 and CR1 take almost the same amount of time. Right now, the service center in California is working on February/March 2018 K1 Petitions and CR-1 is the same. NVC seems to have decreased their processing times... meaning both need almost the same amount of time to come to an end.

 

 

Thank you (and everybody else for suggestions). Is this the processing times link: https://www.visajourney.com/content/times/?  Then it looks like Jan 10 for CR1?

So pretty close to K1 time-wise.

 

Another (unrelated) question: how to do a prenup if marrying overseas? That adds another level of complexity since possibly won't be enforceable in the US. Anybody has an experience or some knowledge of this issue?

[geowrian 22,338]

That's something to contact a family law attorney about...even when both individuals are within the US, enforcement of prenups is difficult.

[Boiler 45,952]

Begs the question if she is aware of the prenup issue.

[Ontarkie 14,419]

17 minutes ago, DaveB7 said:

 

Thank you (and everybody else for suggestions). Is this the processing times link: https://www.visajourney.com/content/times/?  Then it looks like Jan 10 for CR1?

So pretty close to K1 time-wise.

 

Another (unrelated) question: how to do a prenup if marrying overseas? That adds another level of complexity since possibly won't be enforceable in the US. Anybody has an experience or some knowledge of this issue?

If you want the prenup to stand a leg of a chance to be held up in court. You MUST have her own attorney go over it and it must be translated into her primary language. It does not matter that she is fluent in English. 

[Orangesapples 1,954]

22 minutes ago, mushroomspore said:

I don't think @debbiedoo was encouraging anyone to wait to get pregnant after 40. I think she was just saying that if you ARE a woman around or over 40 and you haven't had children yet (for whatever reason, since there are many), it's not a lost cause for you. Fertility treatments have definitely come a long way. I know a bunch of women who got pregnant at 40 due to IVF treatments (one being my aunt, who had triplets!). 

 

If the desire for children and time constraints are such an important factor, there's also nothing stopping OP and his fiancee from seeking out resources in their respective countries to figure out what their options are and coming up with a plan. In 2013, Russia began providing free treatment for IVF patients under their basic health plan. Like immigration, it just takes some research and long-term planning.

Your aunt was lucky to be one of the 10-20%. Most women aren't. And after the age of 43-44, the chances of ever becoming pregnant using a woman's own eggs is almost 0.

 

https://www.nytimes.com/2016/10/18/well/the-misleading-promise-of-ivf-for-women-over-40.html

 

https://www.advancedfertility.com/fertility-after-age-40-ivf.htm

 

Whether having kids now is good for their relationship is debatable. Whether waiting till she's 40 is a good idea is not. 

[DaveB7 1]

18 minutes ago, Ontarkie said:

If you want the prenup to stand a leg of a chance to be held up in court. You MUST have her own attorney go over it and it must be translated into her primary language. It does not matter that she is fluent in English. 

Of course, but if we get married in a 3rd country as it has been suggested, having 2 lawyers and a proper translation into both of our languages aren't big problems. The real problem is a potential challenge in a US court (potentially by a 3rd party). That's why lawyers seem to suggest a K1 with signing a prenup in the US. But using a CR1 route  makes it difficult. ..    (and yes to all negative Nellies here -she's all for the prenup :-)

Edited September 24, 2018 by DaveB7

[pushbrk 13,072]

Be aware that accomplishing a legal marriage in Russia is not a sure thing.  I've seen people go over and spend a couple months trying to marry and come home unmarried.  This is why K1 is so prevalent in the former Soviet Union countries.

[Ontarkie 14,419]

If she can get  a lawyer there to review it all and  then he can find a lawyer here to review things also that might work. 

 

Not easy but if you want to make it stand you need to do as much as possible for her to be properly represented. This is the biggest and easy thing for a good divorce lawyer to get thrown out.