can anyone help?
Oct 26th 2002, 2:19 am
#1
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Joined: Oct 2002
Location: San Francisco
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can anyone help?
I married my husband in Moscow Russia last October and when my husband applied for a tourist visa he was denied? We applied for a K-1 visa in January of 2002. We just simply wanted my husband who has never been to the US to visit to see if that is where we should live. I am a natural born citizen of the US and cannot afford to keep going back to Moscow. We have now applied for the I-130 in August and I am at a loss for getting information as to whether or not to have my husband apply for a tourist visa again. Can anyone help? The only organizations I have found are for Russian brides or adoting babies. there is no help for women married to Russian men. We have a house in Moscow and my Husband has a job there. I cannot understand why they said no. He has never worked for the Govenment nor has he had any history of fighting in the Afgan war. Please can someone help, I am morbidly depressed. I would greatly appreiciate any info! Thank you!
My email address is [email protected]
Tara
My email address is [email protected]
Tara
Oct 26th 2002, 6:34 pm
#2
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Hi Tara
The reason your tourist visa was denied was probably that the US government considered your husband an "immigrant risk". I assume he mentioned in his application that he was married to a US citizen. In such cases the INS often refuses tourist visas, especially from countries whose citizens are considered high risk of defaulting on visas.
If you husband entered the US with you on a tourist visa, there would be nothing stopping you from filing an I-130 and I-485 to adjust his status to permanent resident without leaving the US. This is permitted because he is the spouse of a US citizen. The INS doubts his intent to leave the US (from what I have read they are tough on most russian tourist applications) and really, have good reason to be suspicious. this is not to say I doubt your integrity!
I don't think you will have luck with another tourist visa application. Perhaps, if you did not do so before, you could apply and supply evidence of all the ties you have to Russia which require his return - job, apartment lease etc. I do not think this is likely to produce the desired results since you are married and he must not lie on an application, but it is worth a go.
The visa you will be applying for is a K3 (for foreign spouse, not fiance). I see the problem you face in wanting to make a visit to see if he likes the US, since if your DH enters the US on a K3 he should not leave again until Advance Parole is granted (or it is considered an abandonment of his application for residency). It is very frustrating.
Good luck
Shannon
The reason your tourist visa was denied was probably that the US government considered your husband an "immigrant risk". I assume he mentioned in his application that he was married to a US citizen. In such cases the INS often refuses tourist visas, especially from countries whose citizens are considered high risk of defaulting on visas.
If you husband entered the US with you on a tourist visa, there would be nothing stopping you from filing an I-130 and I-485 to adjust his status to permanent resident without leaving the US. This is permitted because he is the spouse of a US citizen. The INS doubts his intent to leave the US (from what I have read they are tough on most russian tourist applications) and really, have good reason to be suspicious. this is not to say I doubt your integrity!
I don't think you will have luck with another tourist visa application. Perhaps, if you did not do so before, you could apply and supply evidence of all the ties you have to Russia which require his return - job, apartment lease etc. I do not think this is likely to produce the desired results since you are married and he must not lie on an application, but it is worth a go.
The visa you will be applying for is a K3 (for foreign spouse, not fiance). I see the problem you face in wanting to make a visit to see if he likes the US, since if your DH enters the US on a K3 he should not leave again until Advance Parole is granted (or it is considered an abandonment of his application for residency). It is very frustrating.
Good luck
Shannon
Oct 26th 2002, 6:35 pm
#3
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Actually, now I think about it, I am not sure if K3 is a single use visa or not. Perhaps you do not need Advance Parole with K3's. You should check that out yourselves... perhaps someone else knows?
Shannon
Shannon
Oct 26th 2002, 6:47 pm
#4
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Joined: Oct 2002
Location: San Francisco
Posts: 2
Thank you Shannon!
Shannon,
Thank you so much. I cried as I read your letter, because I can tell you NO ONE knows my frustrations. Almost every person I ever tell my situation to says the same thing, " He should have NO problem comming here, he is married to an American"! I HATE HEARING THAT, and want to slap every ignorant person who utters that phrase. When we went to the Us Embassy in Moscow, the Immigration officer filled our heads with lies! Thank you for your information. I am sorry to say I am down on America and I am thinking of moving to another country. We are in the process of finding out about Sweden, or anyone else who will take us. I just do not know the requirments.
Thank you
Tara
Thank you so much. I cried as I read your letter, because I can tell you NO ONE knows my frustrations. Almost every person I ever tell my situation to says the same thing, " He should have NO problem comming here, he is married to an American"! I HATE HEARING THAT, and want to slap every ignorant person who utters that phrase. When we went to the Us Embassy in Moscow, the Immigration officer filled our heads with lies! Thank you for your information. I am sorry to say I am down on America and I am thinking of moving to another country. We are in the process of finding out about Sweden, or anyone else who will take us. I just do not know the requirments.
Thank you
Tara
Oct 27th 2002, 6:01 pm
#5
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I'm sorry you have been feeling so isolated. You should post on the usenet group for marriage-related immigration to the US where you would get more informed advice and probalby find LOTS of couples in similar situations.
I know its hard but try not to take the INS stance personally - have a look at it with an open mind, take a deep breath and think of something funny then start over. You are really lucky to have been able to marry your sweetheart in Russia (I have read of others unable to afford airfares to meet more than once, and stuck in years of delay) and now you are in a position to get him over here.
Good luck, and do post on the other board - even if only for support and ideas.
Shannon
I know its hard but try not to take the INS stance personally - have a look at it with an open mind, take a deep breath and think of something funny then start over. You are really lucky to have been able to marry your sweetheart in Russia (I have read of others unable to afford airfares to meet more than once, and stuck in years of delay) and now you are in a position to get him over here.
Good luck, and do post on the other board - even if only for support and ideas.
Shannon
