VJ will be my pro bono lawyers please?

[Dreamcouple 6]

Hello and aloha from Hawaii,

 

I have quite a complex series of questions/series of events that I hope everyone will have plenty of to opine over and hopefully school me in the ways of the K1 (potential CR1) visa process.

I am brand new to the forum and will at this point keep it as brief as possible because people here seem to be way more educated on these topics, hence why I decided to join and ask for your advice I am eager to learn.

 

Now to the point at hand:

 

Girlfriend (future spouse ) - Russian citizen, has traveled extensively as her job required this of her, and up until recently has had no visa issues when visiting the states which she has done multiple times on tourist/work visas (more on this later).

Myself - U.S. citizen, travel less frequently than girlfriend, nothing over the top criminal record wise a few charges from my younger years all off my official record, have been employed with taxes filed my entire adult life.

 

List of questions/info in some particular order:

 

1. The obvious elephant in the room, my girlfriend is Russian, (back) in Russia, we met while she was traveling in the states and was in Hawaii. We began dating within a week or two of meeting. And her trip was coming to an end a couple weeks afterwards. Not really a question but the whole situation over there isn't ideal for our circumstances so anyone with advice, or experience dealing with embassies during crisis or wars is appreciated.

2. I have also gone to Russia to stay with her on a visitor visa and was there for two weeks, well documented, and it was a great time. The good ole days you could say, now here is where it gets interesting.

3. Girlfriend's visa was expiring mid March, so we figured with everything she should come and stay with me for a couple of weeks until we have another chance to see each other. Her flight was cancelled the day before she was set to leave, no outbound flights from Russia over Europe. Okay we said, let's try going around Europe and she ended up taking a flight from Istanbul.

4. Now this is less of the question part but important details here for my questions after. We decided to meet in LA and she flew into LAX where I was already waiting for her and to spare you the drama of waiting 10 hours at the international terminal her visa was refused, her friend was also traveling with her and they found an email related to work, whether or not she intended to work idk, I know my girlfriend didn't I was covering the expenses which is also documented, and she was told she had to go back and denied entry.

5. As mentioned earlier she has a very clean travel record and loves to travel so prides herself on making sure not to stay over her time and even this time she had been in the US about 5 months before. Five months ago, it seems like just yesterday, according to the customs officer I spoke to and the customs agent also said if she likes coming to the US so much why not look into a K1, yes thank you customs officer.

6. So now my girlfriend is being held captive at LAX, I get the nice hotel room we booked to myself unfortunately and the guilt of being in a nice hotel room while my beautiful girlfriend is locked in a room at LAX 😢

7. This brings my main question to a head, has anyone ever experienced applying for a K1 or CR1 visa with a potential spouse or spouse who has had their visa cancelled?

8. I've read into letters of forgiveness a little bit and have sought some legal advice which led me to here and I feel like I can handle the paperwork myself with the guidance of some more experienced for K1 applicants. But the shadow of a cancelled visa weighs heavily on me just thinking of what lies ahead.

 

Thank you for any advice I have browsed through a couple of threads semi-related to this topic and I mean the whole world war thing going on doesn't really help our circumstances. But really I am grateful for any advice or words of wisdom in regards to this I am just beginning to understand and learn about this process.

From Hawaii with love.

Dc

[canadian_wife 1,826]

Although Canadians do not travel on visas, I was denied entry to the US twice prior to starting the Cr-1 process.  Did your girlfriend sign anything at the airport when she was denied entry?  Was anything stamped in her passport (very important)?  

 

Also remember, VJ does not dispense legal advice (based on the title of your thread) so if that is what you are looking for, you will obviously want to hire a lawyer

 

Good luck.  

[Dreamcouple 6]

I don't believe anything was signed as they didn't give her any other paperwork. She is under the impression she can't reapply for any visa within the next 5 years, hence my concerns.

 

Written on her visa was cancelled followed by 22 CFR 41 122 (e) (2). Which I learned was the code for revocation of visas, does that automatically apply the five year ban? I don't know where to check the status of that I'm guessing we can email or submit some form to confirm this.

 

And thank you for your reply, the pro bono "lawyer" is my poor attempt at clickbait please forgive me.

[Dashinka 24,706]

Does your girlfriend work for a Russian company that is being targeted by sanctions?  This may be the reason she was not allowed to enter.  I am not totally familiar with 122 (e) (2), but in reading it along with INA 236, it seems pretty serious.  You may want to talk to an actual lawyer to see if there are any alternatives given the current geopolitical circumstances.  

 

Good Luck!

 

22 CFR § 41.122 - Revocation of visas.

 

(e) Revocation of visa by immigration officer. An immigration officer is authorized to revoke a valid visa by physically canceling it in accordance with the procedure described in paragraph (d) of this section if:

 

(2) The alien is ordered excluded from the United States under INA 236, as in effect prior to April 1, 1997, or removed from the United States pursuant to INA 235;

 

https://www.law.cornell.edu/cfr/text/22/41.122

 

https://www.law.cornell.edu/cfr/text/8/part-236

[Dreamcouple 6]

14 minutes ago, Dashinka said:

Does your girlfriend work for a Russian company that is being targeted by sanctions?  This may be the reason she was not allowed to enter.  I am not totally familiar with 122 (e) (2), but in reading it along with INA 236, it seems pretty serious.  You may want to talk to an actual lawyer to see if there are any alternatives given the current geopolitical circumstances.  

 

Good Luck!

 

22 CFR § 41.122 - Revocation of visas.

 

(e) Revocation of visa by immigration officer. An immigration officer is authorized to revoke a valid visa by physically canceling it in accordance with the procedure described in paragraph (d) of this section if:

 

(2) The alien is ordered excluded from the United States under INA 236, as in effect prior to April 1, 1997, or removed from the United States pursuant to INA 235;

 

https://www.law.cornell.edu/cfr/text/22/41.122

 

https://www.law.cornell.edu/cfr/text/8/part-236

Girlfriend does not work for any sanctioned companies and has no ties to any sort of business dealings (self employed) that I'm aware of or have reason to believe so. One curious thing mentioned by my girlfriend was, allegedly, during the interview they were told they were already flagged before finding the friend's email in regards to working. Whether that is because the obvious, they're Russian, or coming in after being here some months ago I am guessing that set off some flag. I appreciate the link as I have been researching this law as well. They are not very specific on the whole how long until you're allowed to reapply and I think yes a lawyer would be more suitable to take up this topic. Very helpful nonetheless and if anything else comes up feel free to send it my way.

[JeanneAdil 6,606]

was it marked "cancelled without prejudice"  or "cancelled with prejudice"

or marked in red?

need to know those 2 things to talk to an attorney

 

for your best answers to this situation ,  i would consult a GOOD (not cheapest but good) immigration attorney

consultation fee is  not that high 

this would give u an idea of what to expect in the future

 

and if u decide to pursue a visa,  marry and go for the CR1 visa even if u have to meet in a neutral country to marry

it far outweighs the K1

[Dreamcouple 6]

18 minutes ago, JeanneAdil said:

was it marked "cancelled without prejudice"  or "cancelled with prejudice"

or marked in red?

need to know those 2 things to talk to an attorney

 

for your best answers to this situation ,  i would consult a GOOD (not cheapest but good) immigration attorney

consultation fee is  not that high 

this would give u an idea of what to expect in the future

 

and if u decide to pursue a visa,  marry and go for the CR1 visa even if u have to meet in a neutral country to marry

it far outweighs the K1

Thank you for the information as the CR1 seems to be making more and more sense to me even as I read more and have only learned of it today.

 

As for the prejudice question, it doesn't seem to have a without prejudice stamp which I assume it means with prejudice? And yes it is written in red, which I also assume means not good.

 

I am considering filing a FOIA request to obtain the records to present to a lawyer to be as prepared as possible when I find one (ideally good!) and of course everything is kind of get what you pay for. I've gotten a lot of really useful information here already which is priceless and I am very humbled to have any knowledge such as the CR1 you recommend.

[Crazy Cat 42,032]

11 minutes ago, Dreamcouple said:

Thank you for the information as the CR1 seems to be making more and more sense to me even as I read more and have only learned of it today.

 

As for the prejudice question, it doesn't seem to have a without prejudice stamp which I assume it means with prejudice? And yes it is written in red, which I also assume means not good.

 

I am considering filing a FOIA request to obtain the records to present to a lawyer to be as prepared as possible when I find one (ideally good!) and of course everything is kind of get what you pay for. I've gotten a lot of really useful information here already which is priceless and I am very humbled to have any knowledge such as the CR1 you recommend.

What makes her think she cannot apply for 5 years?  There is a big difference between withdrawing her application for entry vs expedited removal.  The latter automatically carries a 5 year ban.  That ban can be waived after the immigrant visa interview.  

[Dreamcouple 6]

4 minutes ago, Crazy Cat said:

What makes her think she cannot apply for 5 years?  There is a big difference between withdrawing her application for entry vs expedited removal.  The latter automatically carries a 5 year ban.  That ban can be waived after the immigrant visa interview.  

I think that is what was mentioned to her by the customs officer that handled her case, she is kind of fuzzy on all the details due to being under distress at the time. And I feel like I'm interrogating her trying to get these fine details documented, so I am sort of waiting to have the documents in hand before I start making assumptions. I also didn't know the ban can be waived after the visa interview so thank you. Side note - I don't exactly expect the Russian/U.S. embassies to be on the best of terms in the near future, that is lingering in the back of my mind too. Praying cooler heads prevail obviously for everyone's sake.

[SteveInBostonI130 3,477]

7 minutes ago, Dreamcouple said:

I think that is what was mentioned to her by the customs officer that handled her case, she is kind of fuzzy on all the details due to being under distress at the time. And I feel like I'm interrogating her trying to get these fine details documented, so I am sort of waiting to have the documents in hand before I start making assumptions. I also didn't know the ban can be waived after the visa interview so thank you. Side note - I don't exactly expect the Russian/U.S. embassies to be on the best of terms in the near future, that is lingering in the back of my mind too. Praying cooler heads prevail obviously for everyone's sake.

 

Please find out what you can, and have her send you a photo of the entire notice. 

 

As for the future, who knows?  The situation is very volatile now.  US embassy in Moscow has been closed to visa processing for years now, due to a different issue.  The state department designates other embassies/consulates when the resident embassy is not available.  For example, Bogota, Colombia, handles Venezuelan nationals.  Currently Warsaw, Poland, is the designated embassy for Russian nationals, but that may change.

 

Good luck and let us know when you find out more about her status.

[Dreamcouple 6]

2 minutes ago, SteveInBostonI130 said:

 

Please find out what you can, and have her send you a photo of the entire notice. 

 

As for the future, who knows?  The situation is very volatile now.  US embassy in Moscow has been closed to visa processing for years now, due to a different issue.  The state department designates other embassies/consulates when the resident embassy is not available.  For example, Bogota, Colombia, handles Venezuelan nationals.  Currently Warsaw, Poland, is the designated embassy for Russian nationals, but that may change.

 

Good luck and let us know when you find out more about her status.

Yes they only gave her what was written on her passport from what I've gathered thus far. Maybe there is more she is still not in the best state to relive the experience yet and I am in the aggressively seeking alternative options phase. While I also understand her needing to process this experience and trying to be supportive and positive for her.

 

I've already shared with her most of the ideas brought forth thus far in the thread and it is giving us both hope . Right, the Moscow embassy I was aware of but even getting to Poland now can be a challenge from my little understanding of the whole thing. I will be checking into the thread regularly and very much am grateful for everyone's time and kindness, I think reading a thread on another topic someone mentioned why would they need a lawyer when they have the VJ community. I still may need a lawyer eventually but until then keep feeding me your experiences please and mahalo.

[SteveInBostonI130 3,477]

6 minutes ago, Dreamcouple said:

 I think reading a thread on another topic someone mentioned why would they need a lawyer when they have the VJ community. I still may need a lawyer eventually but until then keep feeding me your experiences please and mahalo.

 

VJ is overwhelmingly everyday people who had or has some experience with immigration and contribute to the community to help others.  There are some lawyers here, but they offer advice unofficially.

 

Let's see if she has a ban in the first place.  If not, then you can use the resources here to help with the immigration of your fiance/spouse.

 

If she does have a ban, you should consult a lawyer.  We can help you navigate forms or comment on processing times, but we are not qualified to help you with serious cases.

 

 

[Crazy Cat 42,032]

15 minutes ago, Dreamcouple said:

Yes they only gave her what was written on her passport from what I've gathered thus far.

If she doesn't have a ban, then you are golden.  You can meet outside the US, marry, then start the spousal visa process.  I would not even consider a K-1 fiance visa.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

 

[carmel34 3,650]

1 hour ago, Dreamcouple said:

CR1 seems to be making more and more sense to me

Spousal visa is superior by far to K1, for so many reasons.  Just keep in mind that the process will take between 1 and 2 years after you get married and file the I-130 petition.  Add more time for the FOIA request which could take a few months or longer.  If a waiver is needed it will add more time.  Patience will be required, and lots of research.  If you are ready to get married now, the challenge will be to find a country that both of you can get to, especially with talk of Russia implementing martial law and maybe closing the borders.  Many are trying to get out now and there are stories of some not being allowed to leave.  Flights and trains are all sold out.  Or you could do a Utah marriage via Zoom and then meet somewhere before filing the petition.  Good luck!

[Boiler 45,897]

The big advantage a Lawyer has in complicated cases like this is being able to get full information, well they can ask questions and get answers. We tend to be left groping around in the dark.

 

I was wondering what she does, may be relevant, may not be. Did she go back to Russia? Or where.

 

I would agree getting married and filing an I 130 would be most logical first step, whether she needs a waiver or possibly two I can not tell. She should know if she was deported which would be an I 212, but there is a whiff of Misrep which would be a I 601. Now if she needs both they would be filed after the interview.

 

One of the biggest issues here is that the OP seems vague on the details.