What's the quickest way to get my family to the U.S.?

[Don4593 1]

I am American. My wife is Russian. We have a child who is 1.5 years old. 

We live in Russia. We recently traveled to Georgia (Tbilisi) to renew my visa to Russia and report my daughters birth as well as create a passport for her. Unfortunately, due to a technicality on the form, they sent us back home rather than work it out there. Now there are no available dates until June, apparently, which I do not think we will wait for, as I am growing tired of staying in Georgia.

The goal is to just travel to the U.S. for a few weeks so my family can finally meet our daughter. I am open to staying in the U.S. for a longer-term (1+ years) However, the U.S. embassy in Moscow is closed or does not provide visa services for Russians. 

Many neighboring and countries within this region are completely backlogged, some up to 2024. Additionally, due to the war, flights to most places are sanctioned. Moscow has previously attempted to push us to go to Poland, but I do not want to go there due to the political situation and we can't go there even if we wanted to.

I work for a Russian company, but as I understand, if I gained employment or an offer from an American company, they could expedite the process. But where ,since the Moscow embassy is basically closed. Also, if I were to travel to the U.S. by myself is there a way for my wife to apply for a visa on her own to travel/live in the U.S. quicker (less than a month)?

Previously, my then girlfriend failed 3 times to obtain a travel visa. Now she owns property in Russia, but given the political climate, I sincerely doubt any U.S. embassy will be handing out tourist visas to the U.S. My step mother petitioned our local congressman who wrote us a letter that we presented to the embassy in Estonia, which seemed to only anger them.

If I have to live in the U.S. fine, I'll do that. But I'd like to evaluate our options, if we have any.

Thanks

[Boiler 44,857]

She can certainly apply for a Tourist visa but with multiple past refusals and now a US child seems very unlikely she would be approved.

 

The short notice job relocation, I assume you would apply through the Polish Consulate.

 

Otherwise you go through the normal filing a I 130 which you can do online.

 

I am not going to guess where she could interview, with how things are going and such a time delay, Georgia would seem to make sense assuming they agree.

[millefleur 5,043]

9 hours ago, Don4593 said:

Previously, my then girlfriend failed 3 times to obtain a travel visa. Now she owns property in Russia, but given the political climate, I sincerely doubt any U.S. embassy will be handing out tourist visas to the U.S. My step mother petitioned our local congressman who wrote us a letter that we presented to the embassy in Estonia, which seemed to only anger them.

Don't ever do the "write to a Congressperson for a tourist visa" thing....it just looks like desperation to get to the US. Just something to keep in mind for the future. Being married to an American will make it extremely hard for her to get a tourist visa, even if there was no war going on, that would be the case. Many embassies/consulates are hugely backlogged for tourist visas now and as a third country national, she will be placed at the back of the line. Her wait for a tourist visa interview could be 6 months or more, likely more.

 

9 hours ago, Don4593 said:

I work for a Russian company, but as I understand, if I gained employment or an offer from an American company, they could expedite the process. But where ,since the Moscow embassy is basically closed. Also, if I were to travel to the U.S. by myself is there a way for my wife to apply for a visa on her own to travel/live in the U.S. quicker (less than a month)?

You will have to go through Warsaw, Poland unless another embassy accepts your case. The embassy is the one who makes the decision. If you got a short notice relocation job offer, you would contact the embassy asking if you can file the I-130 directly and then wait for their answer. We call this DCF on VJ and there's a whole forum about it:

https://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

 

If you really only want to visit the US, unfortunately I would not have high hopes that she can get a tourist visa. You need to consider a plan B where maybe your family and you can meet in a 3rd country eventually. If you actually want to live in the US, spousal visa route (either DCF or filing via the lockbox) and then wait it out. Embassy in that case will be Warsaw or you may be lucky and Kazakhstan (or elsewhere) might take you. If DCF doesn't work, you're looking at at least 1+ year wait to get the spousal visa approved.

 

Edited May 8, 2022 by millefleur

[slavaskii 886]

I concur with the above two. You are correct that many embassies have tourist backlogs until 2024 for non-residents. If you can somehow get residency in a country doing tourist visas, you can perhaps get in much quicker, but the residency process takes a while no matter where you are. Poland would certainly be out of the question for you as they are pushed back until December 2023 as of last week. 

 

I'm not sure what employment with an American company would do for your issue, as it doesn't change anything for your wife/child. Tourist visas are notoriously difficult to get for girlfriends/fiancees/wives of American citizens. My fiancee got one years ago, but it was after two rejections. We also tried the Congressperson route the second time, it didn't anger Minsk at all, they were very cordial answering it, but it didn't alter the result.

 

When would you want her to come? 

[aaron2020 11,651]

Hi,

 

There is zero chances of your wife getting a tourist visa.  She has 3 previous denials.  Now, she is married to a USC who is thinking about moving his family to the US.

 

A visit to the US is out.  The only remaining path is immigration to the US.  That will take time - a couple of years.  It may even require separation.  You need to look into the immigration process if you want her to come to the US.  You will have to do whatever the US Government wants you to do as you may not get the option to interview where you want.  

Best of luck.  

[Don4593 1]

Thank you for all of the answers. 

October 2023 is when we would want to be in the U.S. for my sister's wedding. Can Minsk service Russians? I never considered them as I just always assumed that it would be closed like Moscow. Based on the replies, it seems the spousal visa is the only way, but if it's in Poland, that's just a nonstarter for us, unfortunately. 

[Boiler 44,857]

Might be possible timing is tight but the sooner you file the more likely it will be

 

A lot could happen in that sort of time period so take the Consulate etc issue when it comes

[millefleur 5,043]

2 hours ago, Don4593 said:

Based on the replies, it seems the spousal visa is the only way, but if it's in Poland, that's just a nonstarter for us, unfortunately. 

Unfortunately unless another embassy willingly takes your case, you won't have a choice. Trust me, many here do not want to go through Poland. Nobody would've picked that, but it's the US government who calls the shots and not the applicant. If you decided to go the spousal visa route, you must mentally prepare to go via Warsaw unless another embassy says yes.

[Don4593 1]

On 5/9/2022 at 1:11 AM, millefleur said:

Unfortunately unless another embassy willingly takes your case, you won't have a choice. Trust me, many here do not want to go through Poland. Nobody would've picked that, but it's the US government who calls the shots and not the applicant. If you decided to go the spousal visa route, you must mentally prepare to go via Warsaw unless another embassy says yes.

It's just wild. How do they expect someone to get to Poland during the war with all of these sanctions plus all of the COVID restrictions?

It seems intentional.

Also, I am assuming if we go through with this route then we should get my daughter's birth reported and passport sorted out or would be daughter (1.5 years old) be able to get a visa despite qualifying for citizenship?

Edited May 16, 2022 by Don4593

[Boiler 44,857]

US citizens are not eligible for visas.

[millefleur 5,043]

6 hours ago, Don4593 said:

It's just wild. How do they expect someone to get to Poland during the war with all of these sanctions plus all of the COVID restrictions?

It seems intentional.

Poland was chosen long before the invasion happened. There was no malicious intent in the US DoS choosing Poland. Warsaw has a large embassy and has always traditionally processed Belarussians (who also speak Russian) so it was a logical choice at the time.

 

It's difficult to find an Embassy with the proper staff and that is also large enough to accommodate the number of applicants from Russia. Unless they can find another one besides Warsaw, I don't see it changing anytime soon.