I have a rather unique dilemma, and I hope someone can advise me what to do. I am an a American citizen and currently, a student. I am in the last year of my BA program at a university in Montreal. This past summer I got married to a Russian citizen. We have been in a relationship since 2003, and decided to have two weddings, one Russian and one American. The Russian wedding went well, and the American wedding was all set for May 2008. All set as in the church and reception hall have been reserved, down payments made, save the date cards sent out, dresses bought, etc.
Unfortunately, my husband was denied a U.S. visitor's visa!
Let me explain to you our intentions. As soon as I receive my BA next spring, I planned on having the American wedding, and directly after that I plan on moving to Russia with my husband. I have been working/studying in Russia every single summer since we met, and I have been accepted into an MA program in Russia for 2008-2009 (the program takes place in Russia but it is done through an American university).
In other words, any kind of immigration visa is not an option since we don't plan on living there, only on having him come for one month to meet the family and have the wedding.
He brought to the interview proof of our relationship (evidence dating back to 2003), my MA acceptance letter, proof that I had been living and working in Russia every single summer, proof of vacations taken together,proof of our planned American wedding, as well as proof of his studies and his job (with salary of $1000/mo.)
However, he was still denied! Because they told him that being married to an American meant that his ties with America were too strong.
Plus, of course, since he is young and a student, he doesn't have property, children, etc.
But the fact is still that my husband should have a right to come visit for a short time, especially since we have (in my opinion) good reason to return to Russia together.
Now I don't know what to do. Of course, reapply, but I have heard that if you don't have new evidence (we had over 100 documents--how much more can you have?) your chances of getting a visa the second time around are very slim.
Now I am faced with the prospect of having to cancel the wedding and tell my family they can't meet my husband.
Does anyone have any advice as to what we can do?
Thank you,
Alexandra
Hi Alexandra
What you write is unbelievable bureacracy gone insane. I am sorry I can not help you because I live in NZ and you would know American law far better than me. In my country they are as equally insane or more so but we do have an option that would suit you. A tourist visa to NZ would be denied the same as your husbands was to America, however it is possible here to apply for a "limited purpose visa". In your particular circumstances a Limited purpose visa would almost certainly be given. It may be your best option to go to an immigration lawyer and ask if the USA has a similar visa. I know in my country if you go to the help desk they will not volunteer this infoirmation.
All the best
Hi Adman, and thanks for your reply. I agree that it's definitely bureaucracy gone insane. I looked into the "limited purpose visa" you mentioned, and it looks like a great thing for New Zealanders, but as far as I can see we don't have anything like that in the U.S. I searched on a lot of sites and the only thing available seems to be a visitor's visa.
But thank you for your suggestion!
A CR1 and a K3 are for those already married. Since your visitors visa application failed, I do think you need to employ a lawyer for your next application. If you have the full support of your parents and his parents, it still could be possible to get a K3 in time for your wedding.
also Alexandra at times like yours individuals and family in new zealand have approached local politicians to curve such matters (ours are approachable at times) small country's i guess, its the weight of red tape on the see saw I'm afraid, absolutely ridiculous.
sounds like your original application was wrong visa to me.
Kherson girls had promoted the K-3 for quite some time but then when Poland joined the EU and the application city for the K-3 in the FSU was changed from Warsaw to Moscow this quieted down some. However there is still discussion on this there. You might look at http://khersongirls.com/forum/viewtopic.php?t=21
The other thing is that I assume you are looking at Canada instead of the US and Canada may have different rules.
I have actually contacted my senators (no reply) and congressperson (doesn't know if anything can be done, but is looking into it.) I think I was confusing the K3 with the fiance visa. I do remember hearing about it, but I was under the impression that that was a visa you could file for while your immigration visa was being processed. So does that mean we also need to apply for an immigration visa at the same time? Because we are not looking to have him immigrate right now, as I need to spend at least a year in Russia.(although we may be looking into that route after a year) If this is possible, that would be great! Also, do you think we could really get the K3 visa in time? How long is the average wait? We have the support of both of our parents, and my parents are willing to help on the financial side. Do we need to have a lawyer? Because we're both students and don't have that much money.
Thanks a lot!
Alexandra
Let me also add that we are not looking at getting a visa to Canada, since the wedding is to be held in New York. What we want is to get my husband over here by May, have him stay for one month, and then go back to Russia together? Would that be possible with the K3?
Unfortunately you married him in Russia, therefore you only qualify for a K3 Visa. Under the guidelines the only visa he can get is a K3. Which in fact would be the smartest way to go. This is made to stop fraudulent defacto marriages in the US. It's not bureacracy gone mad, it's the rules and you should have studied this before you got married. Under the current conditions in the US getting a visitors visa is getting a little difficult. Whether you immigrate to the states or not is not the issue. You are an American citizen married to a Russian National. Even J visa's are being scrutinized a little more.
The best place to find the information for your situation would be www.visajourney.com. You will see it's pretty much spelled out in black and white. Too many people try to make the American visa process such a mystery which it really isn't. The rules are simple and spelled out, though it seems we find people who try to circumvent it or bypass it someway. Then they complain how illegal it is. If you applied for a K3 visa now, you would have plenty of time for your wedding. Your case might be a little different where you might need a cosponsor in this situation.
P.S. Alexandra the K3 visa is for married immigrants to the country. It's not anymore difficult than getting a K1. It would probably since you have most of the documentation would take about 3-4 months and he could be here in the states.
Ok, the K3 looks like a good prospect. My only concern, still, then, is the fact that we just want him to come to the U.S. for only one month, and then go back to Russia (with me) for at least a year. Is that possible, or is he under some obligation to stay in the U.S. for a certain period of time after he arrives? I'm just worried that this is an immigration visa and we're currently not trying to immigrate. If it's okay for him to get the K3, go over for a month, and then go back to his country for a year (so I can do my MA), that would be perfect.
Go to www.visajourney.com, you will have all the information you will need to apply for a K3. He can come and go, but he will have to file papers to return to Russia if he wants to come back into the US. There is no requirement for length of stay. Do some research on your own. I think you are looking for someone here to just say, hey it's okay, just bring him in. That's not going to happen.
I have been to visajourney.com before, and I have read up on the K3(and understand the process). However, I did not see my particular question raised anywhere. I understand the K3 is not an immigration visa, but it is usually used, as far as I can see, to speed up the process of getting the spouse over while you are applying for an immigration visa. As we are not currently applying for immigration of any kind, it does not seem to be the right type of visa. In terms of applying to go back to Russia, I am not sure that one month would be enough time to file for that. Also, although I understand he is free to come and go on a K3, I know that on other types of immigration visas, if you leave the country for an extended period of time (usually over 6 months), this looks suspicious and you may be denied the right to immigrate for a certain number of years. For this reason I would prefer not to apply for a non-tourist visa and risk such a thing happening I'd rather apply for the appropriate type of visa. So I definitely know that we cannot apply for an immigration visa or, obviously, a fiance visa. And based on what I mentioned above, I don't think that the K3 is the right visa for us either, as I'd rather not incur any future problems. However, I am not 100% sure this is the case, and maybe we wouldn't have any problems if we did apply for it. That is why I decided to ask on this forum and see if anyone has first-hand experience on this matter. Hence my question on this site.
By the way you also mentioned filing papers to return to Russia if he wants to come back to the U.S. I know that there is no Advance Parole on a K3, but are you talking about some other papers he might need to file? I haven't seen it mentioned anywhere, but it's very possible. Thanks.
Sashitaski:
Here are some faqs on denial. One thing I would suspect is that by what I read the main hurdle in a tourist visa is to prove lack of intention of immagration. Now if you are this mans wife and you live in the United States and he is applying for a tourist visa it seems it would be difficult in the interviewers eyes to prove that this man would not want to immigrate to his family. In their eyes the fact that you are married makes it a strong possibility that he would want to immigrate.
http://travel.state.gov/visa/frvi/denials/denials_1361.html
In a K-3 immigration visa you do not have to prove this because he is indeed immigrating. I assume for a k-3 you would have to go through the Moscow embassy. Here is contact info for them. To call is about $3 per minute.
http://moscow.usembassy.gov/consular/consular.php?record_id=concont
I do not know if you demonstrated proof that you were going to school in Russia or not. If you did you may be out of aces for a tourist visa.
Sasha, they are both non immigrant visa's all you have to do to stay is apply for change of status. The k3 just gives you a longer time to do this. For all intents and purposes it's the same visa. Just on the K1 you are required to get married in 90 days.
You are making this more difficult than it needs to be. They K3 is your only option and since you don't want to believe us, Call an immigration attorney they will tell you.
I am not disbelieving anyone, just trying to make sure I understand correctly.
Thank you for your input, it has been helpful and I have learned some useful things from people here.