Naive question perhaps

[robin&catrinel 0]

Well, I've been out of US for over a year now, but for most of that time I've been employed remotely by US company. Unfortunately right now when we are about to file paperworks, job is not available :-/ I know that I'll have little problem getting a job back in US (in IT), but I guess that would be difficult to convince THEM, huh? I am also employed here, but from what I hear income generated outside of US does not count toward affidavit of support...

I work for a US multinational and I can comment on the issue of income. I JUST came from my I-134 meeting at the local US Consular office, and as a resident of Finland I was able to offer 1) current employment contract, 2) current signed statement from my bank of my current account balance, 3) record of deposits from the last calendar year. I am paid in EUR and it is considered income generated outside of the US, and it was enough for them to approve the Affadavit Of Support.

I did not provide any information about life insurance, cash value, real estate, stocks or bonds, etc., even though I could have.

I admitted to not filing my US taxes for the last few years though. He seemed a bit peeved but it wasn't a showstopper (yeah, yeah, I know I should file them - I will when I get back to the US in 2 months ).

I'm sure Consular Offices vary in their pickiness... good luck!

[bobogirl 0]

question about something farther back in the thread... in applying from abroad if you also have a permanent US address, do you put the US address or the temporary out of country address on the form? if i put my temporary foreign address, i am a bit concerned about mail getting to me in a timely fashion... but i don't want using a permanent US address to be construed as misrepresentation (??)

[Kajikit 65]

If all your jobs, home/s and assets are in the Ukraine and you have a valid tourist visa for your fiance, I honestly don't see why they wouldn't let her into the US to be married... you'd just have to show them that your 'life' is overseas and not in the US and you were going back to it (stuff like a letter from your employer saying you were expected back at work on X date, and the lease on your apartment etc.)

[pak 0]

question about something farther back in the thread... in applying from abroad if you also have a permanent US address, do you put the US address or the temporary out of country address on the form? if i put my temporary foreign address, i am a bit concerned about mail getting to me in a timely fashion... but i don't want using a permanent US address to be construed as misrepresentation (??)

Don't know how the form looks like, but I would put US address (or both, if possible).

I work for a US multinational and I can comment on the issue of income. ...........

I'm sure Consular Offices vary in their pickiness... good luck!

Most of my outside-of-US income is 'under the table', so I think I'll rely on my US-based assets...

If all your jobs, home/s and assets are in the Ukraine and you have a valid tourist visa for your fiance, I honestly don't see why they wouldn't let her into the US to be married... you'd just have to show them that your 'life' is overseas and not in the US and you were going back to it (stuff like a letter from your employer saying you were expected back at work on X date, and the lease on your apartment etc.)

Here's the reply I got from CBP.gov:

"The type of documents that the CBP Officer will want to see for assurance of returning to home country is documents demonstrating "ties" such as employment letter, lease/mortgage agreement, etc."

So... I think we can take the risk...

[meauxna 15]

Here's the reply I got from CBP.gov:

"The type of documents that the CBP Officer will want to see for assurance of returning to home country is documents demonstrating "ties" such as employment letter, lease/mortgage agreement, etc."

So... I think we can take the risk...

pak, Ukraine is quite DCF friendly. Why not consider getting legally married there, completing the IV application and having your special wedding in the US?

Or, eating the expense of flying to the US for a wedding & turning around to go back for a couple of months to do the paperwork.

[pak 0]

Or, eating the expense of flying to the US for a wedding & turning around to go back for a couple of months to do the paperwork.

That's the plan! I just want to make sure that nothing is wrong with it. Is there? It seems that it's up to CBP officer to make it happen/ruin it. I am curiuos if anyone had somewhat similar experience?

Or, eating the expense of flying to the US for a wedding & turning around to go back for a couple of months to do the paperwork.

That's the plan! I just want to make sure that nothing is wrong with it. Is there? It seems that it's up to CBP officer to make it happen/ruin it. I am curiuos if anyone had somewhat similar experience?

Oh, darn, just received this from Kiev Consulate.. who is right and who is wrong?

-----------------------------------------------------------------------------------

Dear Mr.

Please be informed marriage in the U.S. is possible on fiancee visa

only. Information on filing fiancee visa petition is on www.uscis.gov

Some information is also available on http://kiev.usembassy.gov

Sincerely,

Public Liaison Unit

Consular Section

-----------------------------------------------------------------------------------

[antone 0]

Oh, darn, just received this from Kiev Consulate.. who is right and who is wrong?

-----------------------------------------------------------------------------------

Dear Mr.

Please be informed marriage in the U.S. is possible on fiancee visa

only. Information on filing fiancee visa petition is on www.uscis.gov

Some information is also available on http://kiev.usembassy.gov

Sincerely,

Public Liaison Unit

Consular Section

-----------------------------------------------------------------------------------

Hmm. Marriage in the US is, by my understanding, perfectly legal on any type of visa. What is not possible is settling in the US on a visa not specifically intended for this purpose.

In other words, if your fiancee can demonstrate that she (and, indeed, you) will return to Ukraine after the wedding, it should be OK. When you mailed Kiev, did you make it clear that you did not intend to settle in the USA after your wedding?

Usual disclaimers apply - I'm not a lawyer, these are simply my thoughts on the matter.

[pak 0]

Hmm. Marriage in the US is, by my understanding, perfectly legal on any type of visa. What is not possible is settling in the US on a visa not specifically intended for this purpose.

In other words, if your fiancee can demonstrate that she (and, indeed, you) will return to Ukraine after the wedding, it should be OK. When you mailed Kiev, did you make it clear that you did not intend to settle in the USA after your wedding?

Usual disclaimers apply - I'm not a lawyer, these are simply my thoughts on the matter.

I thought I did. I followed up asking to clarify and citing reply from CBP.gov... lets see what they say this time...

[antone 0]

I thought I did. I followed up asking to clarify and citing reply from CBP.gov... lets see what they say this time...

Well, good luck. Let us know what they say.

[Nessa 23]

-----------------------------------------------------------------------------------

Dear Mr.

Please be informed marriage in the U.S. is possible on fiancee visa

only. Information on filing fiancee visa petition is on www.uscis.gov

Some information is also available on http://kiev.usembassy.gov

Sincerely,

Public Liaison Unit

Consular Section

-----------------------------------------------------------------------------------

I think what they mean by that is that they don't want people getting in the states with tourist visa to get married. If you plan on getting married, if you're already engaged your fiancee should enter the states with a K1 visa not a tourist visa. If they let you get in the states with a tourist visa with the purpose of getting married it will be going against this hole K1 visa process. People would start getting in the states with a tourist visa (way faster to get than a K1 visa) to get married. Not that they don't already do, but it's not the legal way to go. Good luck!

[antone 0]

I think what they mean by that is that they don't want people getting in the states with tourist visa to get married. If you plan on getting married, if you're already engaged your fiancee should enter the states with a K1 visa not a tourist visa. If they let you get in the states with a tourist visa with the purpose of getting married it will be going against this hole K1 visa process. People would start getting in the states with a tourist visa (way faster to get than a K1 visa) to get married. Not that they don't already do, but it's not the legal way to go. Good luck!

Just to be clear - it is settling in the US after entering with a tourist visa that is the problem. If the intention is to visit for a short time, get married, then leave again, it's not illegal.

The purpose of a K1 is for settlement. If the foreign fiancee does not intend to live in the USA (at least, not at this time) then K1 is not the way to go.

[Nessa 23]

Just to be clear - it is settling in the US after entering with a tourist visa that is the problem. If the intention is to visit for a short time, get married, then leave again, it's not illegal.

The purpose of a K1 is for settlement. If the foreign fiancee does not intend to live in the USA (at least, not at this time) then K1 is not the way to go.

Well why complicate? In order for her to return to the US after you leave you're gonna have to go thought the K3 process. Do you plan on not live in the States? Because after you get married and leave the States and you decide to go back together to the States she's gonna have to start a long K3 process, they won't let her enter with a tourist visa anymore, am i wrong?

[antone 0]

Well why complicate? In order for her to return to the US after you leave you're gonna have to go thought the K3 process. Do you plan on not live in the States? Because after you get married and leave the States and you decide to go back together to the States she's gonna have to start a long K3 process, they won't let her enter with a tourist visa anymore, am i wrong?

Well, firstly it's not me who's proposing this.

But my comments were entirely relevant to OP, who wishes to return, with his wife, to Ukraine after marriage.

Consider this:

They do a long K1 process. She enters the USA, they marry, and she leaves soon after. In that case the K1 will have been a waste of time - she'll still need to apply for a CR1 (and, optionally, K3). So I don't think that raising these points is a needless complication.

Of course, if they intend to travel to the US, marry and settle there (with no intervening time in Ukraine) then K1 is the only legal option.

[meauxna 15]

Or, eating the expense of flying to the US for a wedding & turning around to go back for a couple of months to do the paperwork.

That's the plan! I just want to make sure that nothing is wrong with it. Is there? It seems that it's up to CBP officer to make it happen/ruin it. I am curiuos if anyone had somewhat similar experience?

Or, eating the expense of flying to the US for a wedding & turning around to go back for a couple of months to do the paperwork.

That's the plan! I just want to make sure that nothing is wrong with it. Is there? It seems that it's up to CBP officer to make it happen/ruin it. I am curiuos if anyone had somewhat similar experience?

Oh, darn, just received this from Kiev Consulate.. who is right and who is wrong?

-----------------------------------------------------------------------------------

Dear Mr.

Please be informed marriage in the U.S. is possible on fiancee visa

only. Information on filing fiancee visa petition is on www.uscis.gov

Some information is also available on http://kiev.usembassy.gov

Sincerely,

Public Liaison Unit

Consular Section

-----------------------------------------------------------------------------------

The main flaw I see in your plan involves you filing the I-130 in Kiev when you return. You haven't said what your current immigration status *there* is, and whether or not you've contacted the Consulate about filing with them.

I maintain that it is "safer" to marry where you are, file and move to the US. Have your fancy ceremony in the US once you're here.

If you have not yet read the DCF Guide, I highly recommend that you do so.

NO ONE, not CPB, DHS, Consulate, DoS, no one- will be able to accurately tell you what will happen at the POE. You rolls your dice, you takes your chance. You can write/call/email as many folk as you like, but as you can see from the reply you quote here, an answer does not mean that it's an *accurate* answer. (The reply you received is incorrect. It is a legal tourist activitiy to marry in the US as long as you leave at the end of your authorized stay/date on I-94).

There have been many, many threads on entering the US under your circumstances, and there is no one answer to your question.

As to similar experiences, I recommend reading lily's story: http://www.visajourney.com/forums/index.ph...rofile&MID=1938 (look toward the bottom right corner). She was doing everything right, but it didn't work out as planned. It's an extreme example, but these things do happen. At least she was only a moderate bus ride from home, not getting off a flight from half way 'round the world.

[Yodrak 7]

pak,

I wonder what the PLU would say if you referred them to 9 FAM 41.81 Notes, N11?

Yodrak

Oh, darn, just received this from Kiev Consulate.. who is right and who is wrong?

-----------------------------------------------------------------------------------

Dear Mr.

Please be informed marriage in the U.S. is possible on fiancee visa

only. Information on filing fiancee visa petition is on www.uscis.gov

Some information is also available on http://kiev.usembassy.gov

Sincerely,

Public Liaison Unit

Consular Section

-----------------------------------------------------------------------------------