Following are fiancee visa requirements on beneficiary's end. You need to know them because US consulates are corrupt, and they are corrupt, because there's no accountability within the federal government of the United States.
22 CFR § 41.81(d) Eligibility as an immigrant required
8 USC § 1182(a)(1) Health-related grounds – INA 212(a)(1) - 22 CFR § 40(b) - 9 FAM § 41.81
(N4)(a)(1) specifies standard IV medical exam by a panel physician
8 USC § 1182(a)(2) Criminal and related grounds – INA 212(a)(2) - 22 CFR § 40(c) - 9 FAM §
41.81(N4)(a)(4) – Police certificates
8 USC § 1182(a)(3) Security and related grounds – INA 212(a)(3) - 22 CFR § 40(d)
8 USC § 1182(a)(4) Public charge – INA 212(a)(4) - 22 CFR § 40(e) - Annual income over 125%
of 2004 federal poverty guidelines for household of 2
8 USC § 1182(a)(5) Labor certification and qualifications for certain immigrants – INA 212
(a)(5) - 22 CFR § 40(f) - NA
8 USC § 1182(a)(6) Illegal entrants and immigration violators – INA 212(a)(6) - 22 CFR § 40
(g) - NA
8 USC § 1182(a)(7) Documentation requirements – INA 212(a)(7) - 22 CFR § 40(h) - Passport
valid 6 months or more
8 USC § 1182(a)(8) Ineligible for citizenship – INA 212(a)(8) - 22 CFR § 40(i) - NA
8 USC § 1182(a)(9) Aliens previously removed – INA 212(a)(9) - 22 CFR § 40(j) - NA
8 USC § 1182(a)(10) Miscellaneous – INA 212(a)(10) - 22 CFR § 40(k) - NA
9 FAM § 41.81(N4)(a)(4) Proof of relationship (also part of petition adjudication - an approved
petition implies that proof of relationship exists)
9 FAM § 41.81(N6.4) Petitioner and beneficiary must have met in person within 2 years -- INA
§ 214.2(k)(2) (also part of petition adjudication process)
9 FAM § 41.81(N10) Vaccination requirements
22 CFR § 41.107 Visa fees – U.S.$110.00 for visa application fee
With respect to the US, USC is the federal law, INA is the immigration law, CFR are State Dept. regulations and FAM refers to the Foreign Affairs Manual used at the foreign missions, and knowing this would give you some idea of seriousness of the different requirements. USC requirements are the hardest to waive and FAM are the easiest to waive.
Hi, my topic won't be approved so I decided to write here. I'm a Russian native and new to this site. But I need advice from any American guys who've been through bringing a girl over to marry because I need to help my fiance figure out what to do with the petition.
We're both 23 and we've been together since summer of 2008, we met and dated in person for a few months. We also lived together this whole past summer while I was on J-1 in Pittsburgh... for the 4th time. Yeah, it was my 4th summer in the States. Anyways, we were planning to get married in the summer, bought a marriage license and wedding bands. But then something bad happened and I had to go back to Russia.
Now we're trying to get married though K-1. I was thinking that it'd be great to attach our marriage license and receipts to our wedding bands as well as pix to the petition as a proof of our relationship but girls from a Russian bride forum tell me that it would screw everything up because USCIS will think that we were trying to trick the government by getting married while I was on a J-1 which is completely not true because we love each other and just want to be together.
So what should we do? Should we exclude that kind of proof from the petition?
My fiance also doesn't have that much money on his bank account... He's always worked 2 jobs and he used to work under the table so W-2 is going to be a problem. Do we need to start looking for a co-sponsor or would a letter from work (he works at a nice job now about to be promoted) be enough?
And then, should tell the Embassy that were one step from getting married in the States?
It's funny how lately these three year old threads are becoming resurrected.
You would think instead of searching some obscure thread from the likes of Dr. Koop you would have opened your own thread. Unless this was intentional to bring to the forefront how corrupt the Consulates are? Promoting an agenda I love it.
I highly doubt a Russian woman would use True_nerd for her handle.
I've been on this forum for 2 days now and I didn't even read the topic except for the title, which was exactly relevant to my question. And yes, I'm a 23-years old Russian woman with a forum name true_nerd. Duh.
I feel bad for your being a little paranoid, I just asked for advice.
Not paranoid at all, just have problems with a Russian female using the word duh, and acronyms like WTF. Just makes guys who have traveled Russia and Ukraine wonder, Plus being a very old thread you must have spent those two days just looking for this.
I'd question why any lady, and we've had a few of them here, would want to marry a guy who doesn't understand, can't be bothered, or simply doesn't want to put in, the leg work to enable him and his, or any, lady to be together!
True_nerd... you are not a Russian native... only your fourth time in the states and you write as an American would, Russian people just don't command such an indepth knolwledge of American slang language.
Since no one else seems to have said this yet ... my warm welcome to the forum! I only know a little about the visa process, but I have read that the State Department takes a very dim view of foreigners marrying citizens in the US on a non-fiancee visa. So I would recommend, don't say anything about a marriage license!
Other than that, information about your intentions and plans for marrying is good: tell them all about it.
Всего доброго, и я надеюсь, что Вы напишете в будущем чтобы рассказать нам, как все идет! Удачи!
@forum rocket scientists,
Some young native Russians have a very impressive command of English, including slang and other kinds of idiom. By true_nerd's account, she has spent more than 40 weeks in the US, probably in the company of numerous American youngsters (if like me you sometimes fly from Moscow to New York in June, you probably have experienced a plane half-full of young folks on their way to spend a summer in the US as camp counselors). It is quite likely that she was already very fluent before her first visit here, and had plenty of opportunity to hone her "American-speak."
And By The Way, take this little test:
1) I am 23 years old.
2) I am a 23 year old woman.
3) I am a 23 years old woman.
Which construction are you least likely to hear from a native speaker of English? Hmmmmm?
As for the difficulty of finding this old thread, when I put "russian fiancee visa forum" into google, this was the 16th hit. Are you sure it took her 2 days to find it? The way I discovered this forum was by... a google search.
Unfortunately, in Russia people learn a lot of distrust of people they don't know, because so many there are actively out to f*** people over. It seems that some of us here are acquiring this facet of the Russian world view...
oops! Durak is correct you are the real deal! Welcome true_nerd may you find happiness and contentment... I'm impressed by your command of the English language ... Durak is not.
Durak... are you a rocket scientist or just another disillusioned member? You seem to have such a strong knowledge of the world... where have you been in this world? What are your qualifications to make such knowledgeable statements?
let's not test my command of English because my college degree in Translation studies would probably prove you wrong and I wouldn't like to question my Russian passport, mom, dad and sister (they wouldn't be happy to know that they couldn't be real because some dude from the States thinks I am not Russian) so let's go back to the question... showing them we have an expired marriage license and rings is not a good idea... Quite surprising for me because I'd think otherwise and in fact I did before I started digging... Thanks
Interesting predicament, if it's true. Is it a marriage if the license was bought, but the ceremony was not done? I guess not. If true nerd had a little time, she could have married and would not have to go through the K-1 red tape. After that, I believe the green card would have taken just a few weeks.
I agree with Durak. Some native Russians do have a good command of the native language. I say this because of the translations I have received from women's letters. That said, however there were translators who were not that good. I am not sure whether or not True Nerd is telling the truth. Noone here can verify anything that anyone here writes. Therefore, I am not going to tell her she is not a Russian native. I do agree though that it is suspicious. And yes, Mini Cooper. Durak is knowledgeable. I have asked many questions in this forum. There are some whom I don't trust their answer. I trust Durak's.
It is hard to believe, though that the State Department takes a dim view of foreigners with non fiance visas marrying citizens. Durak did not state it as fact, he just said he read it. I have heard of many foreigners getting married to citizens and getting their green cards. In fact, I have been offered marriage a few times for money so the foreigner on a visitor's visa can get adjusted. Most of them were before I first got married. What is difficult is if the foreigner is illegal. Then, the State Department gives them a hard time.
My advice to true nerd then is if you can get here easier than a K1 visa, go for it and marry when you get here. I am about to file for a K1 visa myself. I have yet to find out how hard it is.
As I wrote above, I don't know much about the US visa process. Several men here have highly recommended visajourney.com as an information resource. This is my edited-down version of some information from that site:
"BE WARNED: You must qualify to file for an I-130 in the US. ... in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. ... If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US. ... The above conditions are serious and can result in the separation of families for many years if not taken seriously."
[I-130 is the application for an immigration visa, for a person already married to a US citizen.]
This is what a meant my "takes a dim view." Luckily for true_nerd, they did not get married in the US, and are not attempting such a maneuver. Doing so could have been a huge mistake.
It is not difficult to understand why the State Department has such a policy. Fraudulent marriage for migration purposes is an industry in the US. It is a way to make $10,000 (the market rate here in New Jersey as of 2007 or so) in exchange for a few days' work. The K-1 visa process has safeguards to make fraudulent marriage and other abuses more difficult. If an alien could simply come to the US on a visitor visa, get married, and then demand migration status, then many foreigners would do just that: they would obtain visitor visas when possible, come to the US for a "visit", and then go "spouse" shopping, just as ragingbull reported. So marrying on a visitor visa sets of all sorts of fraud alarms, and can get you in big trouble. Some people get away with it, and it may be worth the gamble if you're just trying to get a free "in" -- the worst that can happen is that you lost your marriage bribe money, and have to go back home. But if you've fallen in love with someone and want a real marriage, and the gamble goes wrong, your dreams of a life together may be shattered.
Because true_nerd came on a J-1, I think it could be especially harmful to her cause to disclose that she went so far as a marriage license in the US.
If a citizen wants to live with his or her foreign beloved in the US, the safe way to go is K-1 followed by marriage in the US, or to get married abroad and apply for K-3 with the spouse OUTSIDE the US.
It's funny how us forum rocket scientists, who have been through the process and traveled extensively are not as nearly knowledgable as those who have only "read" and "heard."
Dim view? This is how screwed up our immigration is and we wonder why we have an illegal alien problem.
I don't know if I would attempt this from the FSU, but there isn't even a mention of an I-130 here just an I-485. What she presented at the interview is what would be required for the I-130.
Mini Cooper have you applied for you Jr. Rocket scientist badge? It's on the back of selected Frosted Flakes Cereal Boxes, I'm filling mine out now.
Local CIS Office: San Francisco CA
Rating: (5 / 5) Review Topic: Adjustment of Status
we filed for AOS after i came to the US on a J-1 visa and married my american boyfriend.
after many days of stress and paperwork-gathering, we arrived at our interview appointment feeling very very nervous. the building is very easy to find, and is only a 10min walk from the montgomery BART station. we didn't want to worry about traffic or parking so we caught the train in from oakland.
our interview was scheduled for 9.30am, but since we had read that there are often queues outside the main doors, we arrived early, around 8.50am. the waiting room on the 2nd floor was virtually empty, but we didn't get seen till about 20mins after our scheduled time. a woman came out and called my name and apologised for having us wait. she led us into her office, asked us to swear an oath, and then proceeded with the interview.
she was extremely friendly, polite and did her best to put us at ease and make the whole thing feel very relaxed and casual. i was expecting an interrogation, but it wasn't like that at all. she double-checked a few details like my full name and date of birth, address, that kind of thing, and then really only asked us two questions:
- how did you meet? when?
- did you come here on the J-1 visa to be together?
that was about it! she then said that she was going to recommend us for approval, but she was still waiting for my police clearance from NZ (apparently nz isn't part of some kind of interpol database, so USCIS has to go directly to the police department of nz, which makes the clearance really slow) but since i know i have a completely clean record, that's nothing to worry about.
we were concerned that not having a joint lease agreement would be a problem, but she wasn't worried and was happy to accept a ton of bank statements/phone bills/utilities/etc showing a shared address over an extended period. we had also brought a bunch of photos, and she took a few of those. i had organised A TON of evidence: about 50 pages of emails from friends and family, discussing our official wedding ceremony next year, congratulatory emails, all that kind of thing, plus screenshots of our respective email accounts, showing around 750 emails to each other over the course of our relationship; i had also brought boarding passes to demonstrate a trip to chicago we took together, plus printouts of our flight confirmations for 3 other trips; i had the receipt for our wedding rings; she didn't look at ANY of it. we'd also gotten about 7 people to get notarised affidavits of support for us, which she said aren't useful at this stage and are better for the lifting of conditions part in 2 yrs. so yeah: of the 4" thick binder of paperwork, she probably looked at about 10 pages. she didn't even ask to see original birth certificates or tax returns (which kind of surprised me).
the whole thing was totally painless! almost anti-climactic, in a way. all these months of constant stress and worry, wondering if we'll be separated, and it all boiled down to a brief, harmless interview. i think the whole thing took about 40mins, but that included her doing photocopies of everything and also explaining some stuff about the lifting of conditions to us. it felt like only about 10mins!
i think if you're immigrating from a country like NZ, you pretty much are guaranteed an approval: basically, i think they realise that the only reason someone would so desperately want to move to the US from NZ is for love (it sure as hell is not for 'ease of living'!!)
I'm deeply impressed by true_nerd's command of American English -- I scanned very carefully, and found only one 'tell-tale' that was suggestive of a non-native speaker. My guess is that she came originally as a camp counselor -- in any case, on her exchange visas she was probably surrounded by American kids, so it is not unexpected for her to know how and when to use 'duh' and 'WTF'.
I am not a rocket scientist, and I am still highly illusioned.
You asked about my qualifications ... I am a high-school dropout. I have no credentials beyond my driver's license, and an FCC 1st-Class Radiotelephone certificate I never used. But I have curiosity, and try to learn something every day. And when I THINK that I know something (I am too wise to be certain of most things), and it seems that this knowledge could be useful to somebody else, I often try to pass it along. If I am not very confident that I have "the truth" about something, I am careful to say, "as far as I know," "in my understanding," "I have heard," etc. etc., so as not to mislead anybody into thinking that I have authoritative info.
When I don't qualify my statements in this way, it usually means that I am confident that it comes from a good source. For example, when I wrote "some young native Russians have a very impressive command of English, including slang and other kinds of idiom," this was from direct experience of young people I have met and conversed with in Russia and Ukraine. I consider that I know my own language quite well, and have a "good ear" for English usage. And when I wrote, "in Russia people learn a lot of distrust of people they don't know," this was based primarily on my conversations with people from Russia and Ukraine, including a few folks that I got to know pretty well -- the degree of distrust is unmistakably greater than is typical in my experience of American life.
When my sources aren't personal experience, they are books, newspapers, or various reference sources that I have (with due skepticism) adjudged to be dependable.
Being aware that some of what I think I know is bound to be wrong, I welcome factual corrections... I hate to misinform somebody in a way that could make life more difficult for them.
You asked where I have been in this world. Mostly New Jersey of all places. I am neither formally educated, nor broadly traveled. I've been working with Russian-speaking colleagues for about 10 years. Since 2004, I've made nine visits of varying duration to Russia, and ten to Ukraine. I fell hopelessly in love with a girl who in no way returned my affections. Altogether, I guess I've spent about 20 weeks in the FSU, so I'm a rank newbie compared to some guys in the forum who have lived there for years (and I guess we have at least one native contributor). I study Russian language for at least a half-hour, a good 20 days out of each month. I try to keep my eyes and ears open, to learn and to understand.
To me, Russia is a f**king amazing and fascinating place, and I expect that it will intrigue me for years to come.
If a foreigner came into the US on a J-1 visa, without the express intent to marry, but then found someone AND THEN they decided to marry and then AOS, that is done all the time. It will be at the AOS interview to prove the marriage is ongoing and valid. If they did come in with intent to marry, that is visa fraud and if vetted out, risk a lifetime ban and deportation.
I'm not sure about the I-130, I have to go to my excellent source VisaJourney but I think those statements above are not correct. Again, I would have to do some research.
And as far as the original poster Dr. Kook's post; what they list is way more than is necessary. It's obvious they did a word search and listed everything that came out as opposed to actually applying.
Do your homework. It can be very easy and doesn't take a lawyer.
And finally, how do you know this?: "because US consulates are corrupt"
Sounds like someone who has a personal vendetta rather than real fact.