VJ will be my pro bono lawyers please?

[powerpuff 6,746]

~ Topic moved from K1 Progress Reports to What Visa Do I need as OP is undecided on which route to go (K1 vs CR1) ~

[Dreamcouple 6]

4 hours ago, SteveInBostonI130 said:

 

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.

 

 

Thank you so much and I am again very grateful for all this amazing information that I try to absorb and process while also understanding a lawyer is potentially one of our best options eventually.

 

4 hours ago, Crazy Cat said:

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.

   

 

 

This information is invaluable and the reason I knew I needed to post here to see these options in front of my face.

 

4 hours ago, carmel34 said:

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!

Yes, I do not take the length of the process lightly and am actually amazed at how long it can truly be of a process upon reading deeper into these legal hoops that need jumping through. The support is very encouraging and we are in it for the long haul and not neccessarily in a rush. This all just happened recently so it is fresh on my heart and I feel relieved to have such responses. I am doing my best to manifest a non-martial law Russia again for everyone's sake.

 

2 hours ago, Boiler said:

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.

I responded to a couple of your questions in the other replies, but yes she is back in Russia now. As far as full details it has just recently occurred so I myself still feel this "groping in the dark" as I do not have the full information to access and understand the entirety of what is going on. I am learning as we go and we thank you for your reply.

[SalishSea 18,064]

8 hours 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.

You are aware there’s no longer a US embassy in Russia?

 

8 hours 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.

 

Edited March 4, 2022 by Jorgedig

[millefleur 5,047]

9 hours ago, Dreamcouple said:

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.

It has been Warsaw for a while (it got moved months ago due to Moscow's de facto closure) and the biggest thing is making sure she can travel to the Schengen zone to get there. That will require a Schengen visa since she's a Russian citizen. There may or may not be vaccine requirements to consider but this is all really, really far off from where you are so try not to worry too much for now.

 

I don't think they'll change it from Warsaw for Russians but you never know, it might get moved again. Best to just keep checking in here on VJ and also in our Russia-Ukraine-Belarus forum for the latest updates:

https://www.visajourney.com/forums/forum/98-russia-ukraine-and-belarus/

 

[Ryan H 3,819]

3 hours ago, Dreamcouple said:

Da, cпасибо.

 

~~Friendly reminder, if you wish to use a language other than English, please do so in the regional forums only.~~

[Dreamcouple 6]

11 hours ago, millefleur said:

It has been Warsaw for a while (it got moved months ago due to Moscow's de facto closure) and the biggest thing is making sure she can travel to the Schengen zone to get there. That will require a Schengen visa since she's a Russian citizen. There may or may not be vaccine requirements to consider but this is all really, really far off from where you are so try not to worry too much for now.

 

I don't think they'll change it from Warsaw for Russians but you never know, it might get moved again. Best to just keep checking in here on VJ and also in our Russia-Ukraine-Belarus forum for the latest updates:

https://www.visajourney.com/forums/forum/98-russia-ukraine-and-belarus/

 

I understand there isn't an embassy in Moscow and mention it in an earlier response. She has her Schengen visa and vaccine. It's a matter of whether European countries are even letting Russian people in passport control as there are reports of Russian people being denied entry all over, then the fact of whether an interviewer will even give her a fair interview. I have a meeting with a lawyer lined up in the coming days who is familiar with Eastern Europe, I will have more information after this meeting, thank you for your time and this information.

Edited March 5, 2022 by Dreamcouple
grammar

[millefleur 5,047]

4 hours ago, Dreamcouple said:

It's a matter of whether European countries are even letting Russian people in passport control as there are reports of Russian people being denied entry all over, then the fact of whether an interviewer will even give her a fair interview.

They are as of now. Only Czech Rep has banned the issuance of new Schengen visas to Russians that I'm aware of. I don't see why the other Schengen zone countries would just ban ordinary Russians from entering or getting visas. If Poland followed in the steps of Czech, then I suspect the embassy would move from Warsaw to another country. Best thing is to just check here for updates periodically to see how things are.

 

I also haven't heard of any Russians being denied entry. Do you have a source for where that happened and what country it was in?

 

Regarding the fair interview, they absolutely must, it is their job. Unless your girlfriend works for the Russian military/government or has obvious ties to such orgs or is a terrorists/has connections it illegal orgs (which results in lengthier vetting or denial), she will be treated as everyone else. Russia is not considered a high fraud country for fiance or spouse visas. The US is also not at war with Russia so there is no reason to pass some kind of wartime draconian measures against ordinary citizens. However, the likely outcome is probably just slower processing though. If something catastrophic happens inside Russia or something happens medical-wise or other emergency, you'll be able to apply for an expedite.

Edited March 5, 2022 by millefleur

[Dreamcouple 6]

6 hours ago, millefleur said:

They are as of now. Only Czech Rep has banned the issuance of new Schengen visas to Russians that I'm aware of. I don't see why the other Schengen zone countries would just ban ordinary Russians from entering or getting visas. If Poland followed in the steps of Czech, then I suspect the embassy would move from Warsaw to another country. Best thing is to just check here for updates periodically to see how things are.

 

I also haven't heard of any Russians being denied entry. Do you have a source for where that happened and what country it was in?

I will be monitoring for updates on the embassy scenario and thanks for your information.

 

The source is based off of what I am hearing from my girlfriend, she says there have been cases of people being denied entry based on being Russian so I can't verify the accuracy it is based off of what I am hearing from her. I don't want to believe it but I am trying to use discernment myself. And I hope that a fair interview is the least the people can do working in the embassy.

[Boiler 45,897]

You have not even filed yet and you are worrying about something that may or may not be relevant next year

[millefleur 5,047]

4 hours ago, Dreamcouple said:

The source is based off of what I am hearing from my girlfriend, she says there have been cases of people being denied entry based on being Russian so I can't verify the accuracy it is based off of what I am hearing from her. I don't want to believe it but I am trying to use discernment myself. And I hope that a fair interview is the least the people can do working in the embassy.

The problem is that some people could be trying to flee Russia and then being turned away for a few reasons: a.) bringing tons of bags with them and on a one way ticket, this could look like they're trying to illegally immigrate and b.) many European countries require "western Covid vaccines" so if they aren't vaccinated, they can be turned away at the border. Also anyone without a proper visa is going to be turned away, doesn't matter how authoritarian and crazy the situation in Russia gets, without a visa, you won't be let in unless some blanket refugee law gets passed in Europe for Russians. I suspect it's something along these lines that this rumor "Russians are being turned away" is spreading.

 

You should focus on learning about the steps towards filing and how to get the process started for now. As Boiler said, you're very, very far away from worrying about the interview stage. It's not an exaggeration to say it could take years. Decide which route is best, K-1 or CR-1, and then go from there. The sooner you apply, the faster everything will go.

 

 

 

 

Edited March 6, 2022 by millefleur

[Dreamcouple 6]

11 hours ago, Boiler said:

You have not even filed yet and you are worrying about something that may or may not be relevant next year

I am learning about the process, I wouldn't say I am necessarily worried only trying to learn more about potential solutions to problems we may face in the process. I am not trying to sound like I know what I'm talking about this is all new to me in general so I apologize if it seems like I am being sort of dumb sounding. It isn't intentional only trying to grasp the details as best as I can. Thanks for your time and response.

[Dreamcouple 6]

7 hours ago, millefleur said:

The problem is that some people could be trying to flee Russia and then being turned away for a few reasons: a.) bringing tons of bags with them and on a one way ticket, this could look like they're trying to illegally immigrate and b.) many European countries require "western Covid vaccines" so if they aren't vaccinated, they can be turned away at the border. Also anyone without a proper visa is going to be turned away, doesn't matter how authoritarian and crazy the situation in Russia gets, without a visa, you won't be let in unless some blanket refugee law gets passed in Europe for Russians. I suspect it's something along these lines that this rumor "Russians are being turned away" is spreading.

 

You should focus on learning about the steps towards filing and how to get the process started for now. As Boiler said, you're very, very far away from worrying about the interview stage. It's not an exaggeration to say it could take years. Decide which route is best, K-1 or CR-1, and then go from there. The sooner you apply, the faster everything will go.

 

 

 

 

Again I'm not there so I can't fully verify what I've heard and I respect what you're telling me, of course I agree that the officers doing interviews and such will be doing their jobs correctly and all of this. And the vaccine and visa paperwork of course I agree as well that isn't my concern as much as getting a fair shot at an interview (which I understand is potentially a year away).

 

I am familiarizing myself with the steps and going to speak with a lawyer this week about how to find out more if my girlfriend has some sort of ban from being denied entry. Then begin accumulating the necessary paperwork required by both the K 1 and CR 1 which has been given to me ITT. Thanks for sharing your experience with us it is all very helpful

[Crazy Cat 42,032]

3 hours ago, Dreamcouple said:

Then begin accumulating the necessary paperwork required by both the K 1 and CR 1 which has been given to me ITT

Step 1:  Make a decision as to which visa is best for you both.  Then take that path.

 

The immigration process requires a lot of knowledge, planning, time, patience, and money.  You can play the "what if" in your mind game until it drives you wild...We all do play that game to a degree...  Good luck.

Edited March 6, 2022 by Crazy Cat

[Family 4,134]

If you are committed to your lady, then press on and take the actions recommended by those before me: 

 

1. File a G-639 w CBP asking for the I-867 A ( record of what she was asked and what she answered and signed) …note she is the requestor and subject of the FOIA and can be done by mail or online.

 

2. She got ER ( expedited removal) and has the 5 year bar…because the Officer advised her to get a K-1 so she definitely disclosed having a US Citizen boyfriend/fiancé. ..and though she is vague on recall, that bit was clear…and that is enough for finding immigrant intent. 

 

3. Get married. File the I-130 and begin getting ready for the I-212 and I-601 … basically hardship you suffer without your spouse. Psychological /emotional hardship that requires therapy sessions does count. 
It will be a long wait ..first just to get through USCIS/NVC then Consulate Interview I think I read here it could take approximately 2 years.

 

Then only when they give her Visa Refusal Letter can you file the I-212/ I-601 and then you WAIT some more..possibly another one to two years. I think there are members here waiting and you could research more.