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So I have spent a little over a week researching every. single. visa. option. My head is spinning and I am still not sure what the best course of action is.

 

So here's my situation. My fiance is Israeli and we met spring 2015. She already has a B2 tourist visa. Our goal is for her to come and live and work in the US. Problem: she is facing criminal charges for something she did not do. Currently there is no record of charges at the police station. She is very unlikely to get prison time, and this process has been going on since last summer and can drag for up to 2 yrs, not to mention extremely nontransparent.

Is it even worth undertaking the visa process or outstanding criminal charges mean an automatic no? It's for white collar/cyber crime. 

Should she start the K-1 while her record is blank or should we wait to get married here in August and get K-3? Another option is attempting to get married on the tourist visa in the US after the requisite 90 day waiting period. I mean if a convicted terrorist can get US citizenship (Rasmea Odeh) how important are criminal charges?

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6 minutes ago, Lazor335 said:

So I have spent a little over a week researching every. single. visa. option. My head is spinning and I am still not sure what the best course of action is.

 

So here's my situation. My fiance is Israeli and we met spring 2015. She already has a B2 tourist visa. Our goal is for her to come and live and work in the US. Problem: she is facing criminal charges for something she did not do. Currently there is no record of charges at the police station. She is very unlikely to get prison time, and this process has been going on since last summer and can drag for up to 2 yrs, not to mention extremely nontransparent.

Is it even worth undertaking the visa process or outstanding criminal charges mean an automatic no? It's for white collar/cyber crime. 

Should she start the K-1 while her record is blank or should we wait to get married here in August and get K-3? Another option is attempting to get married on the tourist visa in the US after the requisite 90 day waiting period. I mean if a convicted terrorist can get US citizenship (Rasmea Odeh) how important are criminal charges?

 

1. You can try for a K-1, this type of crime, depending how severe if she actually gets charged might not exactly be a show stopped

2. Marrying and filing for a CR-1 (K-3 is basically dead these days) would still have to deal with the potential criminal charges anyways so.

3. Knowingly planning to marry and stay on a tourist visa is visa fraud, and in doing so you could be considered possibly to be harboring a "fugitive/criminal" if they do not face the charges in Israel... so that might just make things much worse for both of you.

 

I would just go with the K-1 visa honestly myself. It is entirely up to you on which process of time and money is more worth it. Also make sure that you have physically met within 2 years f the date of filing or they will reject it (since you said Sprint 2015 and it's 2017... getting close unless you met again at some point)

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Posted (edited)

Ben & Zian,

I thought it was only fraud if you over stay the B2 visa, so after waiting the 90 days, getting married, and then staying in the US. My fiance would return to Israel within the time frame of the B2 visa (they usually give 6 months). Or are both ways fraud? Obviously trying to avoid that...

 

The problem with the K-1 is that I can't get married in Israel initially, only after marriage in the US and parole is granted. I was trying to avoid having a green card marriage and then a huge wedding after that. My top choice is having one big wedding here in Israel before the K-1 is granted, but it seems that isn't an option either. Not to mention in order to get married in Israel I have to prove that I'm Jewish, so my marriage won't even be legal in this country until that process finishes (eye roll). And even a non-legal marriage would jeopardize the K-1 process.

 

And we have met, she stayed with me for a year last year in the US on B2 and I am staying in Israel on a student visa this year with her.

 

Edited by Lazor335

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Georgia16,

Wouldn't that be more of a concern for Israel than the US? They have an extradition treaty.

There are quite a few public figures children who have fled Israel because of outstanding criminal charges in Israel, because they had dual citizenship before all this started. I noticed they have not been extradited, but then again I think it's all just white collar crime, but so is my fiances.

Remember the death of Shimon Peres? His son couldn't come to the funeral because of outstanding criminal charges.

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9 minutes ago, Lazor335 said:

Georgia16,

Wouldn't that be more of a concern for Israel than the US? They have an extradition treaty.

There are quite a few public figures children who have fled Israel because of outstanding criminal charges in Israel, because they had dual citizenship before all this started. I noticed they have not been extradited, but then again I think it's all just white collar crime, but so is my fiances.

Remember the death of Shimon Peres? His son couldn't come to the funeral because of outstanding criminal charges.

No I wouldn't think so. Both with criminal charges and military service ex. they will not give a visa if you are not cleared from service in your country. That's why I don't think they will give a visa to someone who have outstanding criminal charges in the home country. She will have to give them her police certificate. 

 

How could she stay with you a year on a B2 visa? 

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Just now, Georgia16 said:

No I wouldn't think so. Both with criminal charges and military service ex. they will not give a visa if you are not cleared from service in your country. That's why I don't think they will give a visa to someone who have outstanding criminal charges in the home country. She will have to give them her police certificate. 

 

How could she stay with you a year on a B2 visa? 

You get 6 months and then I applied for an extension for her so she was given a full year. All of her friends said use a lawyer, but I was able to do it successfully myself. At first I thought we could just leave the country shortly before the 6 months expired and get another 6 months upon return. But at the border they said no, you have to file for an extension or go back to Israel when the remainder of the first 6 months expires.

 

And you can easily avoid the draft here legally, if it's done illegally you go straight to prison--no massive waiting period like we're experiencing now.

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4 minutes ago, Lazor335 said:

You get 6 months and then I applied for an extension for her so she was given a full year. All of her friends said use a lawyer, but I was able to do it successfully myself. At first I thought we could just leave the country shortly before the 6 months expired and get another 6 months upon return. But at the border they said no, you have to file for an extension or go back to Israel when the remainder of the first 6 months expires.

 

And you can easily avoid the draft here legally, if it's done illegally you go straight to prison--no massive waiting period like we're experiencing now.

Okay I don't think she will be allowed to enter again soon.

 

The military service was just an example to show you that there are stuff they do care about from the non us country before they issue a visa.

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1 minute ago, Georgia16 said:

Okay I don't think she will be allowed to enter again soon.

 

The military service was just an example to show you that there are stuff they do care about from the non us country before they issue a visa.

Gah, none of this is fair. This whole trial is going to probably cost tens of thousands of dollars and is a waste of years of our lives--all for something I am positive she did not do. And we can't even put some of that wasted time to good use by getting the visa process started. Her lawyer told us to just get married and get on with our lives, but I don't want to live in a country with so much dysfunction. I know it sounds crazy, but right about now I MISS the US bureaucracy.

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7 minutes ago, Lazor335 said:

Gah, none of this is fair. This whole trial is going to probably cost tens of thousands of dollars and is a waste of years of our lives--all for something I am positive she did not do. And we can't even put some of that wasted time to good use by getting the visa process started. Her lawyer told us to just get married and get on with our lives, but I don't want to live in a country with so much dysfunction. I know it sounds crazy, but right about now I MISS the US bureaucracy.

Well you can get married and then start the CR-1 visa it takes about a year to get and if case isn't done by then, then you can get an extension. I mean all you can do is try all they can say is no and you'll have to wait until it is resolved and then try again. 

 

Were she is from and the charges she has against her she will be in AP for a while I'm pretty sure if she gets that far. 

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2 minutes ago, Georgia16 said:

Well you can get married and then start the CR-1 visa it takes about a year to get and if case isn't done by then, then you can get an extension. I mean all you can do is try all they can say is no and you'll have to wait until it is resolved and then try again. 

 

Were she is from and the charges she has against her she will be in AP for a while I'm pretty sure if she gets that far. 

Unfortunately I can only get married in this country if I prove I am Jewish as there is no civil marriage in this country. So I have to wait for that approval process to finish, which will probably be around August, which is when we hoped to have a wedding here. I was considering K-1 because I was worried I would not be considered Jewish, so we could just move to the US and do a city hall wedding there after the K-1 is approved. 

 

CR-1 or K-3 are options. We are just trying to choose the visa option that has both of us spending the least amount of time in Israel. I think we've both had enough of living here. The only reason we chose to get married here is because her family demands it.

 

But it sounds like all the visa choices will be equally affected by the criminal charges.

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1 minute ago, Lazor335 said:

Unfortunately I can only get married in this country if I prove I am Jewish as there is no civil marriage in this country. So I have to wait for that approval process to finish, which will probably be around August, which is when we hoped to have a wedding here. I was considering K-1 because I was worried I would not be considered Jewish, so we could just move to the US and do a city hall wedding there after the K-1 is approved. 

 

CR-1 or K-3 are options. We are just trying to choose the visa option that has both of us spending the least amount of time in Israel. I think we've both had enough of living here. The only reason we chose to get married here is because her family demands it.

 

But it sounds like all the visa choices will be equally affected by the criminal charges.

K-3 is absolute so that one you don't have to think about it will go over and be a CR-1 visa. 

 

Even with the K-1 visa she will not be able to travel back home for 3-4 months after you send in the AOS after marriage in the US.

 

Yes the criminal charges will be for all visa's ... it might not be something who knows it all depends on what her charges end up with. 

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28 minutes ago, Lazor335 said:

Unfortunately I can only get married in this country if I prove I am Jewish as there is no civil marriage in this country. So I have to wait for that approval process to finish, which will probably be around August, which is when we hoped to have a wedding here. I was considering K-1 because I was worried I would not be considered Jewish, so we could just move to the US and do a city hall wedding there after the K-1 is approved. 

 

CR-1 or K-3 are options. We are just trying to choose the visa option that has both of us spending the least amount of time in Israel. I think we've both had enough of living here. The only reason we chose to get married here is because her family demands it.

 

But it sounds like all the visa choices will be equally affected by the criminal charges.

K3 is obsolete.  Cr1 is the only option 

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12 minutes ago, Transborderwife said:

K3 is obsolete.  Cr1 is the only option 

When did this happen? So the option just no longer exists? I guess I was reading too many old forums.

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1 minute ago, Lazor335 said:

When did this happen? So the option just no longer exists? I guess I was reading too many old forums.

Very very rarely is issued anymore.  It's been several years 

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