Once again.....

[russ 1]

What would stop you from creating a little S-Corp (less than a $100 to file in most states), call yourself a "web developer," and then create the employment letter with the intent that she is your Russian translator so you can develop multi-language websites? It's a little contrived example, but just wondering about the technicalities.

It is the Russian employment that would matter. Once your wife is a citizen, she can petition for her immediate family members. This will take many years, but should eventually work.

As for a student visa (F-1) - these are pretty good. By the way, my wife didn't need to take the TOEFL, though she did need decent GRE scores. International students paying full out-of-state tuition don't typically have much trouble getting into state schools.

For an L-1 - assuming you have a reasonably successful business in the US, you would create a Russian business and employ her for at least a year. Then you would apply for an L-1 for her to do similar work in the US. Plan on needing to pay at least $100,000 US, for at least 3 years. High tech and medical industries are best. L-1 is in many ways a much better visa than the H1-B (it already has immigrant intent built in, and typically turns into a green card after 3 years).

There is beginning to be a backlash against the H1-B programs, as they are often abused by employers to force down wages. They also create indentured servents out of employees (specifically Indians the computer industry) by forcing them not to leave their current employers. Abuse and even fraud are becoming common here (forged credentials, resumes, and backgrounds, etc.).

[slim 1,530]

Thanks for all the advice and tips, everyone.

After doing some more research on other sites (and considering the advice offered here as well) it looks like the only thing we're going to be able to do is offer an invitation letter and some financial support documentation for the duration of the stay. She'll have to take the $100 gamble all on her own, but at least we could put up some "room and board" coverage.

There's no way with my limited resources here we could do any kind of business invitation or anything like that and the student, fiancee, family member visas all take too long. She just wants to come visit. That's it.

She has some pretty good resources there though so if they want "proof" of something, shouldn't be too hard for a resourceful person like her to get what they want.

I'll post an update here in a few weeks/months to let everyone know how it goes.

[Danno 1,228]

Of course there are visas for Religious reasons and perhaps cultural exchange.

... Just a thought.

[slim 1,530]

Of course there are visas for Religious reasons and perhaps cultural exchange.

... Just a thought.

There are also white dresses worn at weddings......

Thanks for the outside-chance, but I'm pretty sure they'd shoot that one down faster than all the rest combined. But, who knows, the resourcefulness of the "sponsor" for her trip may have a few tricks up his sleeve.

[Chris Parker 11]

I know we've done this one to death and the chances are slim, but which way do you guys think holds the highest probability of succes?

Visitor, Student, Work through some bogus company?

My wife's sister would like to visit the U.S. for a few weeks. She's single and unemployed but she does own a pretty nice apartment. I know a straight up visitor visa has little chance of being approved, but there have been instances on here of people's siblings or in-laws visiting for a few weeks with not too much hassle. How did they go about doing it?

Work through bogus company - don't even try it!

Visitor - slim to none would be the word

Student - best approach

However, advice I've heard (but have never been able to use, because these people don't listen!) is having travelled elsewhere in Europe (outside CIS) some time before applying will help significantly. The passport stamps showing foreign departure apparently have some value in proving the intent to return is genuine.

Student visa can be to attend any approved higher educational program, including English language programs. The only catch is Student visa is for full-time students only. Application process involves first getting an I-20 from the school, showing proof of sufficient funds to attend the institution, and probably Form I-134 from someone in the U.S. where they might be staying, especially if not living on campus. Admission will be "D/S". School attendance will be tracked through SEVIS.

Edited November 2, 2007 by Chris Parker

[slim 1,530]

Work through bogus company - don't even try it!

Visitor - slim to none would be the word

Student - best approach

However, advice I've heard (but have never been able to use, because these people don't listen!) is having travelled elsewhere in Europe (outside CIS) some time before applying will help significantly. The passport stamps showing foreign departure apparently have some value in proving the intent to return is genuine.

Student visa can be to attend any approved higher educational program, including English language programs. The only catch is Student visa is for full-time students only. Application process involves first getting an I-20 from the school, showing proof of sufficient funds to attend the institution, and probably Form I-134 from someone in the U.S. where they might be staying, especially if not living on campus. Admission will be "D/S". School attendance will be tracked through SEVIS.

That sounds like a lot of work and money on my end, and that's just not going to happen.

You guys are looking at this backwards as Russ pointed out a few posts ago. It doesn't matter what's going on here in the U.S., it matters what's going on (or what's "said to be" going on) in Russia.

I've also heard visiting "foreign" countries and returning could help but it's not always the deciding factor. It seems to be the higher the value of property/assets (or potential property and assets through employment) the higher the probability a visa will be issued.

Student visa means I'd have to somehow get documents from a school here in the U.S. proving she's going to school full time or visitor visa means she'll have to come up with documents from an "employer" in Russia showing her "salary"....

I'm not sure which one is going to be easier to obtain.

Come on! This isn't even a question of "which one should we go for?" And as far as "don't even try it!" I think you should familiarize yourself a little more with "bizness" in Russia. (I know you had the whole deal with your fiancee's police documents and not being able to obtain them, so maybe that's what's got you apprehensive to "try it", but you have to keep in mind, in that part of the world, "trying it" is the way you "do it.")

[Chris Parker 11]

I've also heard visiting "foreign" countries and returning could help but it's not always the deciding factor. It seems to be the higher the value of property/assets (or potential property and assets through employment) the higher the probability a visa will be issued.

Student visa means I'd have to somehow get documents from a school here in the U.S. proving she's going to school full time or visitor visa means she'll have to come up with documents from an "employer" in Russia showing her "salary"....

I'm not sure which one is going to be easier to obtain.

Salary and property are only one component. The consular officers want to see a combination of financial and/or family ties to prove intent to return. Usually, that winds up meaning leaving behind a spouse and/or minor children, and showing employment or property. Young children (under age 16) may also qualify since their ties to their parents are still considered very strong, and they really aren't old enough to live on their own or get married yet. Showing just business/employment and property, for an unmarried young woman, probably is not going to cut it and smells strongly of fraud.

Come on! This isn't even a question of "which one should we go for?" And as far as "don't even try it!" I think you should familiarize yourself a little more with "bizness" in Russia.

The issue is that submitting a false/fraudulent document or misrepresenting a material fact (such as a business or salary) triggers a permanent inadmissibility for any type of visa, ever! And when you go to apply for an immigrant visa for her as the sister of a U.S. citizen one day, they will want her to declare every place she lived or worked over entire life, every visa she ever applied for, etc., so it will only come back to haunt you! It is not a good idea to make up evidence, and this employment/business letter alone is not going to be enough to get the visa for her anyway.

(I know you had the whole deal with your fiancee's police documents and not being able to obtain them, so maybe that's what's got you apprehensive to "try it", but you have to keep in mind, in that part of the world, "trying it" is the way you "do it.")

What I have to deal with is the 50-year old mother/mother-in-law having been denied visitor's visas twice because she is unmarried (divorced) and has no minor children and just owns an apartment and has some employment (and no prior foreign travel) and has a daughter in the U.S. It isn't enough for the officers, 214( b ) all the same, believe me! The case I am dealing with now is an immigrant visa for this same mother/mother-in-law, because there simply is no other way they will let her come here! (and she is the one, not a fiancee, who was born in Abkhazia and has not lived there for 30 years but should need an additional police certificate from there to get this immigrant visa---NVC completed case without it but I still think the issue will come up at interview)

You are dealing with the U.S. government, not the Russian government, do not forget that when it comes to "trying"!

Edited November 2, 2007 by Chris Parker

[slim 1,530]

This is going to be "her thing" not ours. Sure, she could get "black-listed" in the long run, but in truth, I don't ever see her being applied for as the sister of a U.S. citizen. She has no desire to come here and my wife has no desire to become a citizen. And for LPR purposes, same deal.

There is really no way to say it is "fraud" if she has certified documents. That's where all this "bizness" comes in. She's dealing with the U.S. embassy, but all the papers and everything else are foreign papers and if they say they're official, who are we to say they're not?

Same deal goes with your MIL. I was thinking "man, what a horrible situation to be in" trying to get the fiancee over here and having to worry about getting papers from a state that doesn't exist (and so many references to Krakozhia came to mind) then I was thinking, "wow, it's been a while since I've seen someone from Russia with a 50-year-old fiancee".... but anyway, if you were to have a financial backer that was capable of making documents that were "official" then you could submit those to the U.S. embassy.

Sure it's not the best way to go about it, but in some cases, it's the way it's normally done.

This is going to be "her thing" not ours. Sure, she could get "black-listed" in the long run, but in truth, I don't ever see her being applied for as the sister of a U.S. citizen. She has no desire to come here and my wife has no desire to become a citizen. And for LPR purposes, same deal.

There is really no way to say it is "fraud" if she has certified documents. That's where all this "bizness" comes in. She's dealing with the U.S. embassy, but all the papers and everything else are foreign papers and if they say they're official, who are we to say they're not?

Same deal goes with your MIL. I was thinking "man, what a horrible situation to be in" trying to get the fiancee over here and having to worry about getting papers from a state that doesn't exist (and so many references to Krakozhia came to mind) then I was thinking, "wow, it's been a while since I've seen someone from Russia with a 50-year-old fiancee".... but anyway, if you were to have a financial backer that was capable of making documents that were "official" then you could submit those to the U.S. embassy.

Sure it's not the best way to go about it, but in some cases, it's the way it's normally done.

[Chris Parker 11]

This is going to be "her thing" not ours. Sure, she could get "black-listed" in the long run, but in truth, I don't ever see her being applied for as the sister of a U.S. citizen. She has no desire to come here and my wife has no desire to become a citizen. And for LPR purposes, same deal.

Not choosing to naturalize when you are otherwise eligible is generally considered foolishness. Permanent residents can be deported, must actually permanently reside in the U.S., must always answer "NO" to being a U.S. citizen, must report all address changes to USCIS within 10 days, and otherwise can be subjected to some difficulties. Only if you don't speak English or have committed a deportable offense, only then would it be a better idea not to naturalize. As for the sister's intentions 15 years for now, I guess we'll have to take your word for it as fact.

but anyway, if you were to have a financial backer that was capable of making documents that were "official" then you could submit those to the U.S. embassy.

Sure it's not the best way to go about it, but in some cases, it's the way it's normally done.

Sure, manufacture a false police certificate document from Republic of Georgia and submit it in support of an immigrant visa application... The problem is, U.S. embassy in Moscow has never seen one issued to someone in this circumstance, but has always seen people not be able to obtain them. Put the case under administrative review. 15 months later, comparison with police certificates received at the embassy at Tbilisi for immigrant visas applied for there shows the document is not authentic. Visa denied for misrepresentation, thank you very much!

[Satellite 1]

Not choosing to naturalize when you are otherwise eligible is generally considered foolishness. Permanent residents can be deported, must actually permanently reside in the U.S., must always answer "NO" to being a U.S. citizen, must report all address changes to USCIS within 10 days, and otherwise can be subjected to some difficulties. Only if you don't speak English or have committed a deportable offense, only then would it be a better idea not to naturalize

I agree with Chris here. Getting out of Jury duty, having an insignificant tax break, and avoiding an unlikely draft order are not really good reasons for not becoming a US citizen. And even if you have committed deportable offenses, when you apply to renew your card you can still come up on the radar. So only the English requirement remains as a truly good reason. And at age 50 with 20 years of being a PR, even the English is waived! So Slim for your own piece of mind, get her to become a USC. When I worked in a immigration office, my biggest question to most of the clients was why did you not naturalize, because being deported for a simple drug possession after living 15 years in this country is just one extreme example.

The problem is, U.S. embassy in Moscow has never seen one issued to someone in this circumstance, but has always seen people not be able to obtain them. Put the case under administrative review. 15 months later, comparison with police certificates received at the embassy at Tbilisi for immigrant visas applied for there shows the document is not authentic. Visa denied for misrepresentation, thank you very much!

I think you have done all you can. Just wait until the interview and see what they say before trying something extreme either in a dangerous attempt to enter the territory or using false documents.

[Chris Parker 11]

I agree with Chris here. Getting out of Jury duty, having an insignificant tax break, and avoiding an unlikely draft order are not really good reasons for not becoming a US citizen. And even if you have committed deportable offenses, when you apply to renew your card you can still come up on the radar. So only the English requirement remains as a truly good reason. And at age 50 with 20 years of being a PR, even the English is waived! So Slim for your own piece of mind, get her to become a USC. When I worked in a immigration office, my biggest question to most of the clients was why did you not naturalize, because being deported for a simple drug possession after living 15 years in this country is just one extreme example.

Naturalizing also has the benefit of cancelling out the the I-864 Affidavit of Support early. That can be a strong incentive for the sponsor to see that the immigrant naturalizes, especially if the immigrant will be eligible for cash public benefits once the naturalization is completed.

I think you have done all you can. Just wait until the interview and see what they say before trying something extreme either in a dangerous attempt to enter the territory or using false documents.

What the OP doesn't understand, in particular with regard to his sister-in-law, is while in Russia it is only important that a document have official stamps to be legally accepted (regardless of how it was actually obtained), in the U.S., a document with official stamps but which was not actually officially issued is considered fraudulent and is not valid for any purpose. Try driving on a false driver's license which looks 100% like an actual one and get stopped by a policeman and see how far it will get you! (in fact, this phenomenon actually happens quite often with underage alcohol violations) Especially in matters involving immigration, it is never a good idea to submit a false document, because the law and the officers know they are accepting foreign documents that they cannot verify, and when they find evidence that a foreign document submitted is actually false, they have zero tolerance for the applicant, assume everything is false, and will deny all benefits to the applicant forever (unless of course an extreme hardship to a USC waiver is approved, but that's a really hard standard to overcome).

Edited November 4, 2007 by Chris Parker

[slim 1,530]

For the future status of my wife and her sister, that's going to be entirely up to them. At present, they show no desire what-so-ever to be connected to this country. Over time, sure, that may change. But, for now, I'm leaving it strictly up to them. And the application of/for benefits, visas, U.S. associations, employment, studies, is all up to them as well. They're big girls. They can figure it out.

On the document situation though, you're making it sound like the U.S. govt. (through the embassy) thoroughly checks every document submitted and verifies all items listed. Like they have time to do that. Sure, it could come back to haunt someone making false claims, but in reality, the chances of them doing that thorough of an investigation for something as minor as a visitor visa are slim to none.

Comparing the "background check" conducted on applicants at the foreign embassy to a police officer checking a bogus ID here in the States is like comparing the "audit" done by taxes.com to the "audit" done in an office at the IRS.

[Mags 112]

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