Visiting and possible DCF Kyiv Ukraine [Edited title]

[jskibo 588]

Car can be sold, kids are left with relatives all the time, same as people leave jobs for better opportunities.  None seem like really great ties.

 

As far as you getting a tourist visa to Ukraine easily, well I suppose they don't have a heck of a lot of Americans trying to overstay their Ukraine Tourist visa, so they likely don't seem to see the risk in it.

Edited June 19, 2019 by jskibo

[tundra12nfl 5]

1 minute ago, jskibo said:

Car can be sold, kids are left with relatives all the time, same as people leave jobs for better opportunities.  None seem like really great ties.

Then what constitutes ties to come back? 

Thousands of dollars in the bank - can be withdrawn anywhere

House - can be sold

Owning a business - can be sold

 

I understand what you mean, but geez, what constitutes. I have seen people who have nothing, get a visa 

[jskibo 588]

Just now, tundra12nfl said:

Then what constitutes ties to come back? 

Thousands of dollars in the bank - can be withdrawn anywhere

House - can be sold

Owning a business - can be sold

 

I understand what you mean, but geez, what constitutes. I have seen people who have nothing, get a visa 

Honestly going to be harder having a US Citizen spouse

[Neonred 3,564]

I'll bet her greatest liability for getting the tourist visa is you.  

[tundra12nfl 5]

Just now, jskibo said:

Honestly going to be harder having a US Citizen spouse

that is why I am confused about what to do as for which visa. Try again for a tourist visa or the CR1. As you have read, not our intentions to live in the USA as of now. Just would like for the wife to visit.

[Boiler 45,525]

Not everybody qualifies for a Tourist Visa.

[geowrian 22,337]

46 minutes ago, tundra12nfl said:

I have a domicile, and address to use. 

You have a building & address. You do not have domicile. Domicile requires actually living there. For an immigrant visa, the petitioner must have US domicile or establish sufficient intent to establish US domicile before the visa can be issued.

 

Unfortunately, it doesn't sound like getting a tourist visa is likely. That's just the way it is. Her ties to the US (you) are too strong to overcome her ties abroad. But she is free to apply again anytime.

[tundra12nfl 5]

I understand that all don't qualify for each type of visa they apply for.

 

So, I am not holding anyone to it, just advise on which visa should we apply for

Try again for a tourist visa or the CR1 (but have some issues concerning her son)

 

Thank you all for the insight and messages

[Unlockable 7,314]

*** Thread title edited to reflect visiting the US as the OP has indicated.

*** Thread moved to Tourist Visa section of the forum.

 

VJ Moderation

[jskibo 588]

Using a CR1 as a glorified Tourist visa isn't its designed purpose.

 

Aside from that you would be spending a lot of money and quite a long waiting time (year+) to get a visa you would only use once.

 

I say once as if you follow what this embassy worker told you about only having to come in for 30 days a year, she will likely be denied entry the second time she tried to use it after being out of the country 10-12 months.

 

You may have to settle for the reality that unless you plan on moving to the US for good, she won't be visiting.

Edited June 19, 2019 by jskibo

[tundra12nfl 5]

2 minutes ago, jskibo said:

Using a CR1 as a glorified Tourist visa isn't its designed purpose.

 

Aside form that you would be spending a lot of money and quite a long waiting time (year+) to get a visa you would only use once.

 

I say once as if you follow what this embassy worker told you about only having to come in for 30 days a year, she will likely be denied entry the second time she tried to use it after being out of the country 10-12 months.

 

You may have to settle for the reality that unless you plan on moving to the US for good, she won't be visiting.

That is the one thing I have considered heavily on. I know it is not a tourist visa; they designed it of other purposes (residence).

As for listening to the embassy worker, it is like are they telling me true or not. I have read different things about this and also different things about the embassy processing it via DCF

Settle for not visiting, I have thought this too.

[gregcrs2 1,778]

4 minutes ago, tundra12nfl said:

That is the one thing I have considered heavily on. I know it is not a tourist visa; they designed it of other purposes (residence).

As for listening to the embassy worker, it is like are they telling me true or not. I have read different things about this and also different things about the embassy processing it via DCF

Settle for not visiting, I have thought this too.

It's my understanding that a DCF would not occur in Kiev.  It supposed to be an embassy that with a USCIS section.  The last DCF I heard about for someone in Kiev occurred at the US consulate in Moscow.  

[jskibo 588]

1 minute ago, tundra12nfl said:

That is the one thing I have considered heavily on. I know it is not a tourist visa; they designed it of other purposes (residence).

As for listening to the embassy worker, it is like are they telling me true or not. I have read different things about this and also different things about the embassy processing it via DCF

Settle for not visiting, I have thought this too.

CR1 and Green card are for residency.  You are supposed to reside in the US and that is for the majority of your time.  

 

No one but US Citizens are guaranteed entry at the border, and holding a green card and spending 6+ months outside the US runs the risk of being denied entry.  Spending 11 months outside and the risk only increases, then show a pattern of not living in the US and it will likely be considered abandoned.

 

CR1 will also require you to have more than a US mailing address and you'll need a US based income high enough to qualify based on your family size (3 I guess) or a joint sponsor.  I would guess being a citizen living abroad you are still filing your US taxes, so you will need to provide that history as well.  If you follow the CR1 route then move to Israel, both you and your wife will be still required to report and file US taxes based on worldwide income while you're living elsewhere, something to consider, more so if she's a Doctor and perhaps the higher earner currently?

[MacUK 983]

19 minutes ago, tundra12nfl said:

Then what constitutes ties to come back? 

Thousands of dollars in the bank - can be withdrawn anywhere

House - can be sold

Owning a business - can be sold

 

I understand what you mean, but geez, what constitutes. I have seen people who have nothing, get a visa 

 

Unfortunately there is no magic checklist of ties to home countries, thanks to the extreme lengths that other people have gone to just to get into U.S. soil, leaving behind children, homes, businesses, family.

What it comes down to in the end is the personal opinion of the interviewing officer, based upon the information given on the ds-160 and on the how the applicant answers questions at the interview. The law says the officer must start with the opinion that the applicant is untrustworthy and it's up to the applicant to change that opinion. a

Is it fair? Not really

Is it ideal? Far from it

Do they make mistakes? All the time

Is it likely to change any time soon? Not a chance

You could be denied today by one officer but be approved next month by another.

 

 

Lots of people manage to convince the officers they'll return when they never have intention to and lots of honest people fail to convince the officer and get denied.

It's an unfortunate aspect of international relationships

 

 

[tundra12nfl 5]

2 minutes ago, gregcrs2 said:

It's my understanding that a DCF would not occur in Kiev.  It supposed to be an embassy that with a USCIS section.  The last DCF I heard about for someone in Kiev occurred at the US consulate in Moscow.  

I had thought the same. As I had researched on here before and found this topic 

 

it was dated in 2015 which the guy done a DCF in Kiev. As per my email for Kiev, they said they would contact Athens, not Moscow

 

The Consular Section will then relay the request for an exception to the USCIS field office with jurisdiction over the Embassy or Consulate.  The determination of whether the case presents exceptional circumstances that warrant an exception to the general filing process will be made by USCIS.  USCIS has guidance on the circumstances that may qualify as exceptional on their website at: http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-6254.html

 

Even if approved for filing, this process is going to take up to two months. Below are major steps in the process and approximate timing for their reference.

1. The U.S. citizen petitioner sends the request to file an I-130 petition with his justification to kyiviv@state.gov (The U.S. Embassy Kyiv)
2. The U.S. Embassy Kyiv forwards such request to USCIS Athens for review and decision. USCIS Athens normally replies within 3 business days