Russian Wife comming to the U.S. B-2 before K-3 ???

[trialect 0]

I need HELP HELP HELP with bring my Russian wife to the U.S.

FACTS AND BACKGROUND

FACTS

-I am American (In America)

-My Wife is Russian (In Russia)

-Marriage was in Russia

-My Wife has my American last name (surname) on her international passport.

-My Wife has been to the U.S. 2 times on a J-1 Student visa. I read the Foreign Affairs Manual on this and it does not seem to matter.

-My Wife has just graduated college

-My Wife is an owner of a residence in Russia.

BACKGROUND

I am getting ready to file for a K-3 visa for my wife.

The times for this from start to interview is roughly 200 days

An additional 50 days later still until the consulate issues the visa.

I'm wanting to work in Washington D.C. where I have a job offer though if there are no "work-arounds" regarding her coming her then I will have move there and been poor for the 250 days...but with her for that time.

QUESTIONS

1) Can she apply for a B-2 Spouse Visa?

2) Would she get approved or denied?

APPROVED

a) If approved can we file the I-130 and I-129F (when she is in the U.S. and not get in trouble and change her status to be here legally

B) Could she be approved and opened a B-2 Visa if I filed for her K-3 prior?

i) Would this even matter as the Moscow consulate would not have received anything from the NVC at that point?

c) Would she, if in the U.S. under the B-2, have to fly back to Russia after the K-3 is approved to be able to receive it and/or change status.

d) How long would it take for her to receive the B-2 visa

DENIED

a) Are there any other solutions to bring my wife to the U.S. without waiting for the K-3 visa?

Any information regarding some / part / or all this would be greatly appreciated.

[Nancy2015 2]

1) Can she apply for a B-2 Spouse Visa?

2) Would she get approved or denied?

1) Yes.

2) 99.99% chance she will be denied.

And there's more to it - it is ILLEGAL to come to the U.S. on a B-2 visa with the intent to file I-130. This is what a K-3 visa is for.

a) If approved can we file the I-130 and I-129F (when she is in the U.S. and not get in trouble and change her status to be here legally

B) Could she be approved and opened a B-2 Visa if I filed for her K-3 prior?

i) Would this even matter as the Moscow consulate would not have received anything from the NVC at that point?

c) Would she, if in the U.S. under the B-2, have to fly back to Russia after the K-3 is approved to be able to receive it and/or change status.

d) How long would it take for her to receive the B-2 visa

a) It's illegal

B) yes, it can be done, but it's hard and I don't recommend trying to get a tourist visa with a K-3 pending.

i) They are not stupid there - they will know if you've applied for a K-3.

c) this is actually the legal way to do things - if she wants to visit on a B-2 and then return to Russia to have her K-3 interview, this is okay. But I repeat, a B-2 probably won't be issued to her in this situation.

d) It takes about 2 weeks from the date she applies for a visa. Non-immigrant visas are very fast.

[Satellite 1]

-My Wife has been to the U.S. 2 times on a J-1 Student visa. I read the Foreign Affairs Manual on this and it does not seem to matter.

This is not exactly true. Check to make sure your wife's former J-1 visa did not have a home residency requirement. If she had it, two years must go by before she can enter the US again on any visa or adjust status unless a waiver is filed.

1) Can she apply for a B-2 Spouse Visa?

You can always apply, it's your $100. The problem will be proving non immigrant intent especially when answering questions 36 and 37 on the DS-156:

"36. Has Anyone Ever Filed a Visa Petition on Your Behalf?

37. Are Any of the Following Persons in the US [Husband / Wife]."

Could you get a visa, techinically yes, is it likeley, not really considering so few of our ladies could get B2 visitor visas without marking yes to those two questions.

2) Would she get approved or denied?

Most likeley denied.

a) If approved can we file the I-130 and I-129F (when she is in the U.S. and not get in trouble and change her status to be here legally

Nothing illegal about that. It is only illegal to adjust to immigrant status if you came in with immigrant intent on a B2 to begin with. Hypothetically if you and your wife came here on a business or pleasure trip with no intention of leaving Russia, because she planned for you to live there with her, and suddenly while in the US her plans changed 180 degrees, then it does work. What you are hinting at with the preconceived intent is illegal. And in both cases you cannot change status to K3 from a B2, see explanation below.

Could she be approved and opened a B-2 Visa if I filed for her K-3 prior?

Yes, but not likely from Russia.

c) Would she, if in the U.S. under the B-2, have to fly back to Russia after the K-3 is approved to be able to receive it and/or change status.

Yes, because "Any nonimmigrant (A to V) may not change their status to K-3 or K-4." See I-539 Change of Status. But one is not prohibited from adjusting status to permenanet residency, but only prohibited from changing status from non immigrant B2 to K3.

d) How long would it take for her to receive the B-2 visa

Vaies by consulate, but time frame is probably around a month or two. Maybe faster.

a) Are there any other solutions to bring my wife to the U.S. without waiting for the K-3 visa?

Certainly, your best bet is a visa that has dual intent to avoid the immigrant intent problem. The prime candidates are the working professional visas H1B (which are all used up for this fiscal year), L1 (inter company transfer), and O extraordinary ability visa.

[slim 1,530]

I've been on VJ for what, two years? And I still don't know how to make the multiple quotes from one post. Can you guys school me on that?

[russ 1]

I've been on VJ for what, two years? And I still don't know how to make the multiple quotes from one post. Can you guys school me on that?

Ah - and easy one. That block of text with the brackets that says "quote name=...", just cut and paste it

around the next block of text you want to quote. You can set the name to anything you like. Make sure that

you close it with another "/quote" in brackets.

As for the 2 year rule - the J-1 Visa in your wife's passport will have printed on it

"TWO YEAR RULE DOES NOT APPLY RUSSIA" if it does not apply in her case.

[slim 1,530]

I've been on VJ for what, two years? And I still don't know how to make the multiple quotes from one post. Can you guys school me on that?

Ah - and easy one.

We'll see about that.

That block of text with the brackets that says "quote name=...", just cut and paste it

around the next block of text you want to quote. You can set the name to anything you like. Make sure that

you close it with another "/quote" in brackets.

As for the 2 year rule - the J-1 Visa in your wife's passport will have printed on it

"TWO YEAR RULE DOES NOT APPLY RUSSIA" if it does not apply in her case.

Thanks, Russ.

[russ 1]

I've been on VJ for what, two years? And I still don't know how to make the multiple quotes from one post. Can you guys school me on that?

Ah - and easy one.

We'll see about that.

Looks like it was...

[Thomas-n-Elena 0]

still dont get it

it is friday and brain not work no more

Edited June 8, 2007 by Thomas-n-Elena