b
QUOTE(shikarnov @ Dec 23 2007, 02:30 AM)

As far as I know, the visitor visa process isn't meant to evaluate the reality or stability of your relationship together -- instead it's meant to ascertain his likelihood of remaining inside the United States after his visa has expired. He needs to prove that he's got substantial ties to Russia that would indicate a solid desire to return.
A visitor's visa is rarely denied for improper purpose baring a direct a acknowledgment by the applicant that he plans to work or study in the US. Europeans are even advised to use the VWP to get married in the US if they then plan to return to Europe. A lot of people on VJ will argue that a K1 visa should not be used to evaluate a future spouse. For personal reasons I disagree with that notion and stand firm that there is no way USCIS could prove private intetions. As for using a visitor's visa to scout out a spouse, sure, that is a valid purpose, but by acknowledging this purpose, your standard and burden of proof rises immensly befor the CO that you will return to Russia if you find this person. As mentioned in the past, proving your intent to return to Russia is the biggest hurdle. Because all non-immigrants are presumed to be immigrants when applying for admission to the US. See INA §214(b ).
" INA 214(b ) states that: "every alien (other than a nonimmigrant described in subparagraph (l ) or (v) of
section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except
subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the
consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15)."
http://travel.state.gov/visa/laws/telegram...grams_2173.htmlQUOTE(shikarnov @ Dec 23 2007, 02:30 AM)

Perhaps Satellite or one of the other legal gurus on the forum will chime in once the sun begins to rise on the East Coast.

West Coast for me. But hey its Sunday and the holidays, what kind of responses do you think you will get?
QUOTE(Igor&Elina @ Dec 23 2007, 02:38 AM)

QUOTE(shikarnov @ Dec 23 2007, 01:45 AM)

If he's rejected once for a visa, I'm pretty sure that it reduces the likelihood of him getting a visa in the future (what if you decide to get married later?)...
Not true. Being rejected for a visa does not reduce your chances of getting one the next time you apply. You'll just have to provide better proof that you'll come back. Neither will it affect the K-1/K-3 visas.
It will reduce his chances if he lies on that B2 application. A common trick to get approved is to go to agencies that will create forged documents which state you have a good job, high salary, and you own property. If caught then you will be inadmissible for any future visas barring a waiver, of which I am not sure is available for misrepresentation of this sort.