Can anyone recommend a good Lawyer that they've used? I'd prefer someone with experience with Ukrainian documents etc... I married in Ukraine and when I asked about the level of legalization/apostilation for my Ukrainian marriage license my current lawyer didn't seem to have a clue. So I'm considering a replacment.
I have read (but not researched into this) that it can be difficult to get the US State Department to recognize a foreign marriage. If this is true, then someone intending to marry abroad, and then apply for a visa for the spouse, had better carefully prepare the documentation that the State Dept. will be requiring.
Wherever I read this (don't remember now) implied that it might be easier to go K-1 and marry in the US, than to get recognition of a foreign marriage.
You can google "dual intent" and you will get your answer. Basically, the USCIS created a rule to give those who marry abroad a hard time. Why, I don't know.
K1 fiance visa and K3 spousal visa are "non-immigrant" visas and also dual intent visas. Non immigrant visas do not give you the right to stay permanently. K1 gives you an opportunity to adjust after marriage in the US. It is hard to reconcile K3 since you're already married. It requires extra paperwork to sort out filing for an non immigrant visa and being married since being married means you intend to stay.
K1 will take 4-7 months. K3 will take over a year.
If you are married, it is a K3 visa highballit. My brother took that route and took it took 15 months. My second visit woman says she was married in the church, but was not recorded in any government entity. If you intend to marry in FSU, I recommend that route, come to the US as fiances so you can use the K1 visa, and re-affirm your vows in the US.
Apositille is a legalisation process done by the department of foreign afairs. You will also need the document translated and notarised. I have used http://www.april.com.ua/en/index.html to do all my translation and notary work. They are very professional. I believe they can also organise the apositille but it can be done also by just going to Ministry.
ValleyMan, now that I know where you are from here's the answer. The embassy in Kiev back in 2004 did not require apostillation on their documents for any K Visa. You can contact them directly at the consulate and see if that has changeds since then. Many people told my wife in Ukraine she needed it done, I told her no. At first she didn't want to believe me. It is a waste of time and money. If she has all the needed documents to apply for the visa she's good to go. If you have started the application process she will receive a package telling her what she needs. When I received the PDF file regarding documents I emailed the embassy and asked if the needed the apostille stamp.
This does not apply to any other US Consulates abroad only Kiev.
Durak it's also a myth that it's more difficult to get a k3 versus a K1. When I spoke with my wifes interviewer prior to her interview I asked him because this was a common question asked on the forums. Processing times can vary depending on the region you are in. Our K1 when we finally applied for it was approximately 112 days from beginning until she put her feet on the ground.
Most work after has been done through California on her green cards, God knows why but she wasn't even required to interview for her conditional or permanent with restrictions lifted.
"Durak it's also a myth that it's more difficult to get a k3 versus a K1."
First time I heard that one, Nasfan. I have read about this many times, I provided you with reference, I talked to a lawyer and even seen it first hand with my brother. I just googled it now and here is a quotation from one site.
"K1 approval is typically quicker than K3 approval because the K1 submits only one petition while the K3 visa requires two petitions submitted one after the other."
I just looked at visa journey. K3 average processing times are about 2 months more than K1 in the past year. Perhaps, it took my brother that long because the he screwed up on the paperwork. Screwing up sometimes means starting over.
When you get the dreaded Need additional information letter it will set you back.
Listening to an attorney and this isn't a slam, is also wasting your time. I almost got caught up in the let's get the big bucks super hitter. Out your way Holmes and Lolly come to mind but there was another one that was touted on here. I never used a lawyer for anything, you don't need it unless you can't read.
According to the Interviewer in Kiev they don't look for reasons to deny a K1/K3 unless they see blatant fraud, no relationship etc, etc. According to one here, they said I couldn't be in the same room as the interview, which is untrue. I sat 10 feet away from my wife while she was being interviewed. I couldn't be right next to her but I was there.
Time frames also depend on what service center you are going through and how backlogged they are with applicants. We first went through Nebraska, then Vermont, the green cards were done through california. Two friends I know one from here on this forum and another I met got 10 year cards from the get go. But they also had to be interviewed. We never had an additional interview since Kiev.
Each embassy operates differently.
If you want an inexpensive attorney and he will do the same things for you the big dollar ones will do is Gary Stanley. I called him initially, he was buried at the time but took time to tell me it was easy to do it myself. He also will represent you if your petition is denied and I think at the time his fee was $365. His email is legalgroupatty@aol.com. I don't endorse any attorney, though he was honest and told me it was easy to do on my own and he was correct. It might be worth a call for the guys who don't want to attempt it. Jetmba advised me to do it on my own and was a great help with information on here. I would gladly help anyone here with K1 application questions.
I just talked to a guy at work who is American. He is married to a Mongilian lady and is applying for visa to live in US. His lawyer is saying that if she is in country on a tourist visa when applying then she can stay in country until the application is completed.
That is true, Gemini. Most tourist visas are six months. If you overstay the six months and apply a few months later, that overstaying will be forgiven. Again, a lawyer told me that.
As a follow up to that, if you overstay your visa, tourist or fiance, get married to a US citizen, and leave the country before your status is changed, you will be banned from the US for one year.