Russian Spouse with E.U. Residency. Can we travel to U.S.A but live in Europe?

[NickPrague 0]

Hello Everybody,

 

I am American.  I want to marry my Russian girlfriend.  We both live and work legally in the European Union and have visas in the Czech Republic.  We would like to be married and be allowed to travel to the United States together from time to time, but we want to continue living in Europe.  My question is.....

 

If we get a K1 visa, and are approved, can we still live in Europe and can she travel with me to the U.S.A whenever we want?  Or do we have to stay in the U.S for  a few years?   

 

In general.  Which visa process should I do in order to achieve this goal?   

[payxibka 10,047]

1 minute ago, NickPrague said:

Hello Everybody,

 

I am American.  I want to marry my Russian girlfriend.  We both live and work legally in the European Union and have visas in the Czech Republic.  We would like to be married and be allowed to travel to the United States together from time to time, but we want to continue living in Europe.  My question is.....

 

If we get a K1 visa, and are approved, can we still live in Europe and can she travel with me to the U.S.A whenever we want?  Or do we have to stay in the U.S for  a few years?   

 

In general.  Which visa process should I do in order to achieve this goal?   

K1 is a bad choice.   

[SalishSea 18,125]

13 minutes ago, NickPrague said:

Hello Everybody,

 

I am American.  I want to marry my Russian girlfriend.  We both live and work legally in the European Union and have visas in the Czech Republic.  We would like to be married and be allowed to travel to the United States together from time to time, but we want to continue living in Europe.  My question is.....

 

If we get a K1 visa, and are approved, can we still live in Europe and can she travel with me to the U.S.A whenever we want?  Or do we have to stay in the U.S for  a few years?   

 

In general.  Which visa process should I do in order to achieve this goal?   

No such visa exists.  She can try to get a visitor (B-2) visa.

[powerpuff 6,748]

K1 is for immigration to the US, not to visit from time to time. Sounds like what you need is a tourist visa. 

[JeanneAdil 6,625]

In case u think to apply later to live in the US ,  make sure you are  filling the IRS tax returns for all years worked outside the USA

[NickPrague 0]

2 hours ago, powerpuff said:

K1 is for immigration to the US, not to visit from time to time. Sounds like what you need is a tourist visa. 

Do you mean apply for a separate tourist visa every time we travel to the U.S?  Does a different type of long term spousal tourist visa exist for my situation? 

[powerpuff 6,748]

14 minutes ago, NickPrague said:

Do you mean apply for a separate tourist visa every time we travel to the U.S? 

They usually give a tourist visa for a few years, not just one visit. I don’t know for how many years they give it at US consulates in Europe, a relative of mine got one for 10 years. 

 

17 minutes ago, NickPrague said:

Does a different type of long term spousal tourist visa exist for my situation? 

Such an option (or anything similar) doesn’t exist. 

[Cathi 5,784]

If you don't plan to live in the U.S, a B-2 is the only option for her.

[Dashinka 24,767]

12 hours ago, NickPrague said:

Do you mean apply for a separate tourist visa every time we travel to the U.S?  Does a different type of long term spousal tourist visa exist for my situation? 

As a Russian citizen, your future spouse can apply for a 3 year multi-entry B2 visa which is your only real option based on your plan to reside in the EU and only visit the US occasionally.  

 

Good Luck!

[carmel34 3,654]

OP, something to think about that my now husband and I considered when we were in a long distance relationship.  One of our options to be together was for me to move to Brazil, they have something similar to a US spousal visa but the processing time back then was only a couple of months, so it was a very attractive option.  On top of that, with the much lower cost of living there, it was a serious alternative for us.  When thinking about future trips together to the US to see my family, he would have to get a tourist visa, and if that was approved, get by CBP as the Brazilian spouse of a US citizen.  Neither are guaranteed because of the presumption of immigration intent on the part of the foreign spouse--if admitted on a tourist visa, as others have done successfully though illegally, we could file for adjustment of status and stay and live in the US together.  Even though that was not our plan, and not yours either (from what you have posted), US immigration officers and CBP officers sometimes assume that there is immigrant intent and do approve tourist visas or refuse entry at the airport POE for foreign spouses of US citizens--they do not allow it as it could lead to visa fraud.  Having very strong ties to your country of residence would be the best way to overcome this--own foreign property together and have jobs abroad, that sort of evidence if asked.  In the end, we decided not to worry about any of that risk and went with the US spousal visa, we now live together in the Atlanta area.  If we ever decide to move to Brazil to live together to be closer to his family, it will be after he gets his US citizenship so that we can visit the US easily without needing a tourist visa for him, or having to risk his not being allowed entry by CBP.  Good luck!

[Ryan H 3,829]

Moved from K1 Process & Procedures to Tourist Visas forum.