Got some sad news yesterday. My 19 year old stepdaughter was denied her J-1 summer work visa. She had signed up with an agency that takes care of setting up the visa interview, flight arrangements to the US, and provides health insurance while in the US. We met several Russian and Ukrainian students that were working in the service industry in Orlando last year on this program and thought this would be a great way for her to come and make some nice money. This is a special visa program for university students to spend a summer in the US working and traveling.

My stepdaughter had arrived last year shortly after her mother on a K-2 visa and stayed about 2 months but returned to Russia as she decided Russia is her home and she wants to continue to live and study there. At her interview yesterday at the embassy they asked her about her stay in the US last year and if her mother still lived here. They said that because she had previously entered the US on an immigrant visa (the K-2) and her mother was here they were denying her J-1. For this reason I guess even a B-1 visitors visa will be impossible too.

I called my senators office but got a recording. Talked to the congressman's office and the woman there told me the embassy can do what ever they want. We haven't given up yet.

Sorry to hear that

Sorry to learn of this. I hope that your Senator can help.

I am so sorry for you. It is so wrong that a child (a young woman) is not allowed to travel to see her mother!.. I would think she proved her non-immigrant intent by leaving the US in the first place. But...
What kind of documents did she show to prove her ties to her home country? May be if she could show full time enrollment into a university and ownership of an apartment? May be if she gets married and her hubby stays put in Russia while she goes to US? They SHOULD give her B-1 in this case.
I would suggest to try again with more evidence. Getting another CO also just may make the difference.
Although, with visa denied so recently, she may have to wait a few months before re-applying.
Hope it works out for you in the end...

Rika

For this type of visa the embassy website specifically says that proof of ownership of apartment or car does not need to be presented. This visa is limited to full time university students that will be returning to school in the fall, so they know you are supposed to return for studying. The US embassy website also discourages students that are denied from reapplying. The student work visas are only valid during the summer and only awarded until mid June. I we need to find another way.

I see they don't just need evidence of ties to Russia but also evidence of ABSENCE of ties to the U.S.

I thought if she came here on a K-2, she HAD to stay until AOS was final or else it messed everything up. I can see why they denied the visa, as her K-2 was an immigrant (or technically a non-immigrant visa issued with the intent to immigrate) visa. Since she didn't stay, she already didn't comply with a visa she was granted, why would she comply with another form?

If she didn't stay on the immigrant visa, why would she care about going home on the visitor/work visa?

It kind of sucks, but I bet that's how Homeland Security sees it. I would say your only option for her to come back, even temporarily, is to reapply for an immigrant visa, using the K-2 as "proof" that she was accepted previously as an immigrant. I believe your wife will probably have to petition for her, since her AOS is already done, as a family member of LPR.

Good luck with this!

Strange, last time I checked a K-2 just like a K-1 is a non-immigrant visa that falls into the special category of "dual intent" thus allowing one to avoid the home ties proof.

Don't get your visas mixed up. A J-1, K-2, or B-1. You seem to be talking about a B-1. Which will require all the home tie proof documents. By the way, having a good reason to come to the US, i.e. see your mom, does not mean you overcome the statutory requirement of proving you are a non-immigrant when applying for a J-1 or B-1!

By the way, it is almost impossible for a young woman to come to the US regardless of her ties to Russia, because of so many violations by others in the past. Baring a multi million dollar job, one is not likely to get a B-1 with these facts in my opinion. As for returning after a K-2, that is indeed strong evidence of lack of connections to Mom in the US.

Exactly.

Ideas:
What if she does say a K-4 and goes through JFK to get her temporary EAD. It will essentially give her the same freedom to work for 90 days (especially if she got her social security number last time she was here) and not give her any more problems. This route will even enable her to work with any employer and not be trapped to the minimum wage amusement park salaries that most J-1s from Russia get. I know this borders on fraud, but technically it should work.
Not sure if this is even possible, but in the worst case scenario if you do the standard IR-2 for her, in a year or so she will get her immigrant visa to do the exact same thing to come and go as she pleases for the duration of the visa and work in the US to earn some extra money. For many countries like Russia an immigrant visa is pretty much the only way to get access even if it is for a non-immigrant motive. Not sure if this also borders on fraud. I'll let others pitch in on that.

If you are otherwise entitled by statute to hold a visa allowing immigrant intent, I have trouble seeing how it is fraud. For instance, a K-1 requires that you have the intent to marry in 90 days, but not the intent to remain in the US. The spirit of the law is to discourage immigration on non-immigrant visas. I have no idea how courts have ruled on this, I'll look around. Warning- I'm not a lawyer, blah, blah.

Hi there,
Quote 2. Yep, I was thinking B1. Sorry, I should have been more clear on that.
Quote 3. Yep, I believe one should be able to show home ties in addition to a good reason for a visit (again talking B-1 here).
Quote 4. Does 31 still count as a "young" woman
I came to US on B-1 (for job interviews) 3 months after living in US for 7 years prior. Showing my AMERICAN bank accounts as proof of sufficient funding Who would be more impossible than me I was single back then too And I did go back
So it is possible, but in this case it seems that she does need to show strong ties. Which she did not have to bring with her for her work/student visa, so it would be easier to provide more than she did at her last interview. I wonder if they asked her during the interview "how can you prove you are not going to stay there"...
LAst quote. I believe CR3 would take years for someone who is LPR's relative. I assume her mom is not a USC yet. I may be wrong though. Don't get that pessimistic about non-immigrant visa chances in Russia. Plenty of people get it, even without multi million dollar jobs. Me - I did not even have a job when I got my B-1. Although you did make me feel extremely lucky

Cheers,
don't despair and most of all - DON'T PANICK!
Rika

Satellite,

The girl does not qualify for a K4 visa. And even if she did, only K1 visa holders are EA and can get an EAD (in the form of the EA stamp on the I-94) on entry.

Yodrak

I haven't met the people who got them with the common ties (apartment, average job, even husband with kids). But have spoke to many who haven't. Experience may vary.

How about a K-2 if done within a year of mom coming? Are the regulations or INA specific as to only K1 holder getting the temp EAD? I am just guessing here, don't have time to look it up this morning. If you have time cite the regulation or INA. Thanks.

Only K1

Can you site the regulation or INA, or can I take your advise based on your experience in the law?

Look at 8 CFR 214(d) and 274(a).12(a)(6)

In a June 2006 Memorandum to the Ombudsman, the USCIS director indicates that the USCIS intends to propose elimination of the employment eligibility for K1s in order to be more consistent with the averall intent of the K1 visa.

john_and_marlene,
are you facing a similar situation as the original poster? Just curious here. Please don't feel obligated to answer...

PS It is true that success or not with non-immigrant visas in Russia may be viewed based on one's experience. Mine was: 3 people applied and got it (counting me). One was denied (applied in Germany though!). The two other (B1)-successful Russians were married, one young, one in her 50s, both with mediocre paying jobs and proof of apartment ownership/propiska. The young one had BOTH parents present in the US and made multiple trips.

No, why?