Visiting and possible DCF Kyiv Ukraine [Edited title]

[tundra12nfl 5]

3 minutes ago, jskibo said:

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?

As for having a residence in USA, I have. That is not a problem. As for the income and filing taxes, I don't file taxes as I am a disabled veteran and my income is tax exempt. I don't want to take risks in this matter; we want to play by the rules and stay withing those rules set forth.

[payxibka 10,047]

46 minutes ago, jskibo said:

 

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.

Not an issue considering Americans can enter visa free to Ukraine 

[tundra12nfl 5]

1 minute ago, payxibka said:

Not an issue considering Americans can enter visa free to Ukraine 

very true. not an issue

[payxibka 10,047]

19 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.  

Only under exceptional circumstances.   Not by simply residing there.  Subtle but important difference 

[jskibo 588]

3 minutes ago, payxibka said:

Not an issue considering Americans can enter visa free to Ukraine 

Oh that's right.  First two trips I needed a visa (circa 2002-2003), but they did change that.  I have a multi year Ukraine one in an old passport.

[payxibka 10,047]

Just now, jskibo said:

Oh that's right.  First two trips I needed a visa (circa 2002-2003), but they did change that.  I have a multi year Ukraine one in an old passport.

Me too.  Didn't need it after 2004 or 05, I think.

[gregcrs2 1,778]

10 minutes ago, payxibka said:

57 minutes ago, jskibo said:

 

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.

It's visa free for US citizens for 90 days out of 180.  So after 90 days you have to leave.  There are many foreigners that overstay in Ukraine instead of getting a Temporary Residence Permit.  Ukraine is cracking down on  it.  Usually it is only a fine the first time depending on amount of overstay but up to denial of further entry in some cases.

[tundra12nfl 5]

I think 2005 is when they changed it. I have been here for almost 3 years. first 2 years the school I worked for sponsored my D-visa and now being married, i have the spouse visa and temporary residency permit

[tundra12nfl 5]

1 minute ago, gregcrs2 said:

It's visa free for US citizens for 90 days out of 180.  So after 90 days you have to leave.  There are many foreigners that overstay in Ukraine instead of getting a Temporary Residence Permit.  Ukraine is cracking down on  it.  Usually it is only a fine the first time depending on amount of overstay but up to denial of further entry in some cases.

Very true. As they have some loophole that I know many use. They leave and go to Poland on the 88th or 89th day. Come back into Ukraine after a few days and it resets their 90 days. I have known some who just leave after overstaying, pay about a $50 fine (was about $20) at Broyspil airport, then come back in. I have also seen some that just have been black flagged and made to leave. If you are lucky enough to make good friends whom work in the immigration department, just give them a call, give them a handout of either some money or beer and they will fix the situation. I have known some Americans and Canadians who have done this

[payxibka 10,047]

1 minute ago, tundra12nfl said:

Very true. As they have some loophole that I know many use. They leave and go to Poland on the 88th or 89th day. Come back into Ukraine after a few days and it resets their 90 days. I have known some who just leave after overstaying, pay about a $50 fine (was about $20) at Broyspil airport, then come back in. I have also seen some that just have been black flagged and made to leave. If you are lucky enough to make good friends whom work in the immigration department, just give them a call, give them a handout of either some money or beer and they will fix the situation. I have known some Americans and Canadians who have done this

Step outs to Moldova and Poland are becoming increasingly more difficult to get the reset

[tundra12nfl 5]

Just now, payxibka said:

Step outs to Moldova and Poland are becoming increasingly more difficult to get the reset

I have heard Moldova is becoming more difficult, but what I was told, if you take the bus toward Krakow, and go across the border there it is little easier as Ukraine's border crossing doesn't have the computer system.  I know someone that just recently did this within a month ago and they have been doing this for 4 years now

[carmel34 3,647]

OP, you're in the difficult situation that comes with being married to a non-US citizen, non-LPR, trying to visit the US together.  The B-2 is the best option for your wife but it will usually be denied because she's married to you, a US citizen, and the COs view that as a likely overstay to adjust status and stay in the US.  A CR-1 is to immigrate and live permanently in the US, so that doesn't make sense for you at all unless you change your mind about where to live.  If she keeps getting denied a B-2, which seems likely being married to a US citizen, you are basically left with the decision of which non-US country to live in that makes the most sense for you.  Your family will have to visit her somewhere outside the US unfortunately.  This is the reality of multi-national relationships.  I was thinking of all this a lot the last 11 months, waiting for my Brazilian husband's CR-1 visa process (he just got approved and received his visa today).  Our plan B if he was denied the visa for some reason (we have a big age gap), was to live in Brazil permanently, but if we had to go down that road, it would mean that I would likely have to come back to the US alone to visit my family, as he would have a problem getting a B-2 visa to enter the US, just like your wife.  It's a tough situation to be in, but that's the reality of US visa laws.  Good luck!

Edited June 19, 2019 by carmel34

[SalishSea 17,982]

4 hours ago, tundra12nfl said:

I had read many topics as to saying Kiev does not offer DCF but in fact they do. 

All consulates do this if the petitioner qualifies for "exceptional circumstances," which is not easy.

[HRQX 4,145]

9 hours ago, jskibo said:

No one but US Citizens are guaranteed entry at the border

I apologize in advance for being pedantic: Canadian-born American Indians (with at least 50% Aboriginal blood) are also guaranteed entry. This right is guaranteed by federal statute (8 U.S.C. §1359) and the federal court case Akins v. Saxbe, 380 F. Supp. 1210 (D.Me. 1974). They also can't be deported. The name of the U.S. court case which establishes this right is Matter of Yellowquill, 16 I. & N. Dec. 576 (B.I.A. 1978).

Edited June 20, 2019 by HRQX

[SalishSea 17,982]

46 minutes ago, HRQX said:

I apologize in advance for being pedantic: Canadian-born American Indians (with at least 50% Aboriginal blood) are also guaranteed entry. This right is guaranteed by federal statute (8 U.S.C. §1359) and the federal court case Akins v. Saxbe, 380 F. Supp. 1210 (D.Me. 1974). They also can't be deported. The name of the U.S. court case which establishes this right is Matter of Yellowquill, 16 I. & N. Dec. 576 (B.I.A. 1978).

That is so interesting!  I had heard about it before, but had forgotten.  

 

I wonder what their status is?  Would they be considered US citizens?