I have met a Russian woman here who is here on a 6 month Visitor's Visa visiting her daughter. That Visa expires in April. My question is as follows: (1) Can the Visitor Visa be extended? (2) If things go well (I hope) can the Visitor Visa be changed to a fiance Visa, so that she does not have to return to Russia. Or will I have to travel to Russia in order to obtain a fiancee Visa?
(3) What if we were to marry (there I said it) prior to the expiration of the Visitor's Visa. What happens then?
I know this is complicated but really could use some advice here.
Well you are a luckyman,I wrote INS many times but know for a fact you can get married here in America if she is a legal resident,About extending her visitors visa you should go to ins website and they have a section where you can send in questions and will get quick repsonse.Like i said Jim sounds great and you got the easy way out so take advantage of it and goodluck
Bob, Thank you for the information. God, this is moving so quickly I cannot believe it. After my post, I guess you could say we got down to "brass tacks" and have actively discussed marriage. It appears we are both in the same place emotionally and if all goes well, by the time her visitor's VISA runs out we will be married. I will try the website and provide the information to them. Since she is here visiting her daughter who is married to an American, I would hope they would see the sense in not having us both return to Russia and go through the whole fiancee VISA business.
Just a follow up to the above. Here's your tax dollars at work. If we marry prior to her visitor's visa running out, she still has to return to Russia and get her visa and this can take up to a year. BUT, if we don't marry before she returns, the fiancee visa must still be issued by the same embassy in Russia (in her local area) and this takes usually 7 months (perhaps less in her case because her daughter is already here). Go figure.
When a U.S. citizen, residing in the United States, marries an alien, the alien is eligible to receive a green card based on that marriage. If you are a U.S. citizen, your spouse is considered an "immediate relative" and he or she may apply for permanent residency. In order to be granted permanent residency, your spouse's relationship with you must be established and your spouse must be admissible to the United States under the immigration law. Also, the marriage must be bona fide, not merely a sham to get the alien a green card. The INS takes fraudulent marriage seriously and you will be asked to provide supporting documents to show that the marriage is valid.
I think you may need to see an Imigration Attorney. Sounds like your getting you K's crossed.....
Background
The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category (V) within the immigration law that allows the spouse or child of a U.S. Lawful Permanent Resident to live and work in the United States in a nonimmigrant category. The spouse or child can remain in the United States while they wait until they are able to apply for lawful permanent residence status (Adjusting Status), or for an immigrant visa, instead of having to wait outside the United States as the law previously required.
Where Can I Find the Law?
The Immigration and Nationality Act is a law that governs immigration to the United States. For the part of the law concerning V nonimmigrant status and the process of applying for permanent residence status, please see INA §§ 101(a)(15) and 214(o) (V nonimmigrant status); § 248 (change of status); and § 245 (immigration petition and adjustment of status). The specific eligibility requirements and procedures for qualifying as a V nonimmigrant, obtaining that status and applying for permanent residence are included in the Code of Federal Regulations [CFR] at 8 CFR § 214.15, 248, and 245.
Who is Eligible?
A person may apply at a U.S. consulate abroad for a V-1 or V-2 visa or seek V-1 or V-2 nonimmigrant status while in the United States, if that person:
is lawfully married to a Lawful Permanent Resident of the United States (V-1), or is the unmarried child (under the age of 21) of a Lawful Permanent Resident (V-2); and
is the principal beneficiary of a relative petition (Form I-130) that was filed by the Lawful Permanent Resident spouse/parent on or before December 21, 2000; and
has been waiting at least 3 years since the petition was filed for status as a Lawful Permanent Resident because the petition is still pending, or has been approved but:
an immigrant visa is not yet available; or,
there is a pending application to adjust status or application for an immigrant visa.
The derivative child of a V-1 or V-2 nonimmigrant is eligible for a V-3 visa or for V-3 status.
The current situation with INS is very ugly. Depending on the state where applicant resides, it takes from 4-6 months for INS approval and then another 2 months until the embassy interview assuming that you pay all the extra fees to have the approval letter cabled to the embassy and all the files sent in an expedited basis (and if you don’t have an attorney, you better call the embassy because there have been cases when the invitation letter for the interview got to the girl after the interview date). Also, 2 months apply currently only to Ukrainian citizens (perhaps also Byelorussians, I am not sure). If the girl is from Russia, you're looking to additional 2-5 months for embassy proceedings; the reason being that Russia (and China) are in the US state department's list of countries that sell weapons to terrorist nations. As a result, the required FBI background check, which is normally done by the embassy (Warsaw if Ukrainian or Byelorussian, Moscow if Russian or any country ending in -stan) and takes 16-21 days has to be done by the state department in Washington DC manually (due to not compatible systems)!!! This can drag the process for at least 2 to 5 months. So, let's do the math: 6+2=8 months if Ukrainian, 6+2+2 up to 5=10 to 13 months if Russian. Also, the clock is set from the moment that INS stamps your receipt notice (which confirms that they received your petition). This occurs approximately 2 weeks after you express mail your petition to them. Also, the assumption is that your petition is complete and correct otherwise INS will return it to you (after months when they get to it) with their comments and the clock is reset. Also, collecting and filling out the documents to be submitted to INS is an adventure in itself from employer and bank statements to affidavits of support and affidavits of intent to marry her (I had to write 3 notarized pages to explain in detail my love for her and why I love her and how we met, etc.). So, really from the moment you decide you want to marry the woman to the time you actually get to marry her it can be a really long time.
I have positive information that the INS approval, the approval itself, takes 30-60 minutes!!! The embassy does all the work and the 2 months sounds reasonable and has not changed much over time. On the other hand, INS approval time has fluctuated upwards from 30-60 days to the current 4-6 months. And, don’t let anyone fool you with crap like it’s due to 9-11 and things like that. They’re throwing the petitions in a room and coming back after a few months to pick them up and check status approved. This is a disgrace for this country to treat its citizens like this, citizens who, if I may add, have perfect taxpayer records and are perfectly liquid (otherwise INS would not approve our applications). Too bad we can’t sue the government; it would be the biggest class action suit in history …
This is an article on the same topic.
U.S. Begins to Clear Up Visa Backlog
By Elizabeth Wolfe
The Associated Press WASHINGTON --
<<<<<<Since summer, thousands of students, scientists and
fiancees from countries unconnected to last year's
terrorist attacks, particularly China and Russia, had
their visa applications held up while the U.S.
government expanded its security checks and fine-tuned
a visa system that let in the Sept. 11 hijackers.>>>>
<<<The State Department blames the delays on the
additional security clearances required by law
enforcement, intelligence and other federal agencies.
Now, better coordination among agencies is helping
clear the logjam, it says.
The department's security database of suspects and
criminals has more than doubled since Sept. 11, 2001,
with more names submitted by the CIA, FBI and other
agencies, consular affairs spokesman Stuart Patt said.
The recent snags partially hark back to July, when the
State Department had to recall 100 visas after
security agencies said further checks were needed.
Before that incident, most nonimmigrant visas were
approved within 30 days if security or law enforcement
agencies raised no objection, Patt said. To meet the
greater demand for security clearances, that deadline
is now gone.
The delays -- often four to six months -- meant
canceled business trips, empty desks in fall college
classes, scientific research impaired and postponed
weddings.
Applicants and those waiting for them in the United
States were exasperated at the explanations from
government officials.>>>
Thanks for all the advice guys, I have already been mired down in the red tape aspect for the past 2 weeks. When you read the rules for Immigration and Naturalization and the rules for the State Department, they seem, at times completely opposed to one another. Code Red has his point, this is really a mess. Also checked into marrying in Russia and bringing her back and this seems like more of a nightmare. Hopefully this can be resolved prior to any GRANDCHILDREN arriving.
Jim,
You may be interested to know it is just as bad in Australia. They can come here as Fiancee, or they can get married here or overseas. BUT they will only get a provisional 2 year visa in the first intance...that is the Department of Immigration will check to see whether you are both still together after 2 years before she gets permanent residency.....(the Australian equivalent to a green card)......so if you split up after a year, she cannot stay!!! Can you imagine the problems this causes! What about children? The only way to stay is to claim that the marriage ended because of domestic violence...but this has led to a lot of bogus domestic violence applications by women seeking to stay after separating from husbands.....(I am not saying they are all bogus) If you apply overseas as an Australian, you can expect to wait 6 months but I have a client who has been waiting over a year......there is nothing you can do, no court application to make until a decision is taken. To me its disgraceful. We all pay taxes. We live in a democratic society which is supposed to allow the pursuit of liberty and happiness. When a man finds happiness in a woman from another country, I think to be with her is his right in any democratic society, provided she does not pose any national threat. To make it difficult is just pure racism in a subtle disguise...what do you think??
I totally agree with your analysis. And dealing with the government and their seemingly unending differences of opinion, is enough to drive you out of your mind. I took Code Red's advice and did some more reading. According to the INS rules, as printed (my interpretation), if we marry here, she can stay here provisionally while the paperwork is processed. On the phone, they say no, she must return to Russia, have the interview and physical in Moscow, obtain the Visa and return. Bush said in the State of the Union, he wanted to put more money in American's pockets. So I am to pay for a trip to Moscow, a week in a hotel and associated expenses. Now that's saving my money.
Contact am Immigration attorney no time to loose and also its time to notify your congressman to the matter. Have him intervine for hardship and undue process. Also have him and your attorney file for waver based on the fact that they are changing process with out proper notification of the change in lay and you should be grandfathered.
Thanks for all your advice, Code Red. I have already contacted an attorney today. This was prompted by an INS employee (whose salary I help pay) asking me, "What's the matter with you, aren't American women good enough for you?". My reply was to tell this woman "No, they aren't primarily because they all have crappy attitudes like you.". She promptly hung up on me. You know, it just irritates the hell out of me. Why should I have to spend money for attorney fees when we have public officials who are supposedly there to help. I even tried reading the INS code to her that I had downloaded and her reply was that since she was here on a visitor's visa it didn't matter what the law said!!!
Just a follow up to the above. I spoke with the immigration attorney this morning. Here's the lowdown: If she arrives on an visitor's visa, and you marry within 30 days, INS considers it fraud and she will have to return to Russia; within 60 days they look on it with great suspicion; 90 days or after, no problem in her staying and getting a green card. Code Red, a very big thank you from me for your advice. By the way, no charge from the attorney!! Will hire her to handle the necessary paperwork though. As I indicated above I have had my fill of the INS. As I get any further info, I will post as it happens. By the way for those of you who lead busy lives, there is an excellent service here. Before I met Galina, I ran a newspaper ad thru this service. I am still receiving 2 to 4 emails a day!!! But please do this, guys, answer all who take their time to write to you. After all, they took an interest in you. The least you can do is answer them. Signed: One happy guy