B1/B1 Visa

[roborob 0]

My fiance has had a B1/B2 multi-entry visa for 2 years and has been to the U.S. 2 times on business and 2 times on pleasure. She owns her apartment in Ukraine and has a job in Ukraine. What is the fastest way to be together permanently? Is it better to get married and file the paperwork or to file for a fiance visa and then get married?

She bought a ticket to come here in 2 weeks. I would like to know the quickest way to be together the soonest permanently. If she wants to stay here for 6 months, what should she say to authorities when she enters the U.S? How will this affect the visa?

Thank you for your help!

Roborob

[Gary and Alla 3,694]

My fiance has had a B1/B2 multi-entry visa for 2 years and has been to the U.S. 2 times on business and 2 times on pleasure. She owns her apartment in Ukraine and has a job in Ukraine. What is the fastest way to be together permanently? Is it better to get married and file the paperwork or to file for a fiance visa and then get married?

She bought a ticket to come here in 2 weeks. I would like to know the quickest way to be together the soonest permanently. If she wants to stay here for 6 months, what should she say to authorities when she enters the U.S? How will this affect the visa?

Thank you for your help!

Roborob

Her length of stay will be determined by what they put on her I-94. If she wants to stay 6 months she can ask for that.

The "best way" is up to you. I would suggest the CR-1 route since she is going to be here anyway. Just get married when she is here and file for it. She can stay here as long as they will allow and even travel back and forth with her current visa until it is approved. Once approved she will have a green card. She will have to return to Ukraine for the interview, medical exam etc. She should be able to wait out most of the time here with you on her B1 visa.

[roborob 0]

That sounds right. I appreciate the quick reply.

So you are positive that she does not have to be out of the country while we are applying? Also, are you positive she does not have to be out of the country the same amount of time she has been here before getting approved or an interview?

This forum is awesome!

[Gary and Alla 3,694]

That sounds right. I appreciate the quick reply.

So you are positive that she does not have to be out of the country while we are applying? Also, are you positive she does not have to be out of the country the same amount of time she has been here before getting approved or an interview?

This forum is awesome!

Absolutely positive. Read the I-129 and I-130 instructions all you want, there is no requirement for the applicant or petitioner to be in any particular place or country while the petition processes. YOU need to have a US address but you do not need to be living there. YOU could be in Australia, she could be in Japan, you could use your mother's address in Ohio and she will go to the interview in Russia (unless she is a permanent resident of Japan) She can be here while it is being processed for whatever time she is allowed to stay on her other visa. She WILL have to return for a medical exam and interview, she will also need to get a police report and other personal documents together for the process, which she can do before she comes here, or on her return trip.

She can. in theory anyway, be here for 6 months prior (generally the limit on a B1 visa) , while the petition is processing, fly back, go to the medical the next day, go to the interview the next day and return as soon as she has her visa in hand. In practical terms it would probably take a month to get everything ready, the police report itself is usually a 4 week wait and she has to file for it there. It is good for one year after issuance.

[Harsh_77 716]

Alla - u r right, but you missed out a point. When she enters on B1/B2 she consenting that she has no intention to immigrate, which is not true since she would have I-129 or I-130 in here name, which means she is lying on B1/B2 while she enters US as a tourist.

So best option would be get married in US and then return back to home country and complete your CR1 process, and yes you might have to wait for 5-6 months for the VISA process to be complete, but thats for everyone so be patient and finish the process right way.

With her valid B1/B2 she can visit US while the process is going on, but it does not gurantee an entry officer at POE can send her back as she has dual intent.

I am telling you from personal experience as I was required to travel on B1/B2 while my application was in process, but I was travelling for work and consulate had specifically adviced me to let the officer on POE know that this was my work related trip and no more and I would return back to my home country to finish the process.

[Gary and Alla 3,694]

Alla - u r right, but you missed out a point. When she enters on B1/B2 she consenting that she has no intention to immigrate, which is not true since she would have I-129 or I-130 in here name, which means she is lying on B1/B2 while she enters US as a tourist.

So best option would be get married in US and then return back to home country and complete your CR1 process, and yes you might have to wait for 5-6 months for the VISA process to be complete, but thats for everyone so be patient and finish the process right way.

With her valid B1/B2 she can visit US while the process is going on, but it does not gurantee an entry officer at POE can send her back as she has dual intent.

I am telling you from personal experience as I was required to travel on B1/B2 while my application was in process, but I was travelling for work and consulate had specifically adviced me to let the officer on POE know that this was my work related trip and no more and I would return back to my home country to finish the process.

They do not ask if you have any intent to immigrate...EVER!

She has no intention to immigrate upon THAT ENTRY AUTHORIZED BY THE B1/B2. Where is she misrepresenting? She is in NO WAY misrepresenting. Even if the I-129f was in process at that time, she would not be misrepresenting as she will LEAVE and re-enter on a K-1.

There is nothing at all under the table, misrepresenting, shaky, underhanded or otherwise about this. She is admitted on a B1/B2. She gets married while here (or files for a K1 while here) returns to her country when her B1 entry expires and returns when she has her K1...where is the issue? There is none.

You can look high and low, read it 6 ways from Sunday and there is absolutely NO restriction against what I am suggesting. I do not suggest people violate or play fast and loose, this is absolutely 100% legal and above board.

Not only that, but she can leave and return under the B1/B2 visa also. She will have to return to Ukraine for her interview, medical etc., and reenter with the CR-1 or K1 visa, but she can stay here as long as she is authorized by whatever visa she has.

[Brother Hesekiel 2,235]

+1

[daboyz 36]

They do not ask if you have any intent to immigrate...EVER!

She has no intention to immigrate upon THAT ENTRY AUTHORIZED BY THE B1/B2. Where is she misrepresenting? She is in NO WAY misrepresenting. Even if the I-129f was in process at that time, she would not be misrepresenting as she will LEAVE and re-enter on a K-1.

There is nothing at all under the table, misrepresenting, shaky, underhanded or otherwise about this. She is admitted on a B1/B2. She gets married while here (or files for a K1 while here) returns to her country when her B1 entry expires and returns when she has her K1...where is the issue? There is none.

You can look high and low, read it 6 ways from Sunday and there is absolutely NO restriction against what I am suggesting. I do not suggest people violate or play fast and loose, this is absolutely 100% legal and above board.

Not only that, but she can leave and return under the B1/B2 visa also. She will have to return to Ukraine for her interview, medical etc., and reenter with the CR-1 or K1 visa, but she can stay here as long as she is authorized by whatever visa she has.

[squeege 0]

Can anyone please describe the required EMPLOYMENT DOCUMENTATION for applying for a B1 Business Visa (from Ukraine).

My girlfriend would like to attend a business seminar in the states. She works in advertising/marketing/events planning... but

"records" of her current employment are bit sketchy. She applied for a straight Tourist Visa some months ago (DEE-NIED) and

provided information from a previous employer (I think).

So I'm worried about the embassy calling/doing background checks on her actual current employment and finding out the

docs don't match the actual employer right now. (Not to mention my fears of when/if we apply for K1 and the docs don't match).

Anyways: The main question is: Can anyone really describe in detail how the embassy looks at the employment docs? Do the

call the employer? Do you need a letter from the employer sending you to the US for the seminar etc?

I've seen some of you who have SUCCESSFULLY gotten B1 Visas, can you describe the circumstances, conditions and process

you used to secure this Visa? How was the interview process / what docs did you provide / why were you coming to the US

for Business (was it to attend a seminar or training, or do just visit a business partner in the US etc?)

I'm very interested in finding out how we can bring her here for a week or two to attend a seminar, then of course spend time

together while she's here. She has a great job in Ukraine and is not ready for a K1 yet so we're looking at a B1.

Thank you all for your help. I really appreciate it!!!

[Harsh_77 716]

They do not ask if you have any intent to immigrate...EVER!

She has no intention to immigrate upon THAT ENTRY AUTHORIZED BY THE B1/B2. Where is she misrepresenting? She is in NO WAY misrepresenting. Even if the I-129f was in process at that time, she would not be misrepresenting as she will LEAVE and re-enter on a K-1.

There is nothing at all under the table, misrepresenting, shaky, underhanded or otherwise about this. She is admitted on a B1/B2. She gets married while here (or files for a K1 while here) returns to her country when her B1 entry expires and returns when she has her K1...where is the issue? There is none.

You can look high and low, read it 6 ways from Sunday and there is absolutely NO restriction against what I am suggesting. I do not suggest people violate or play fast and loose, this is absolutely 100% legal and above board.

Not only that, but she can leave and return under the B1/B2 visa also. She will have to return to Ukraine for her interview, medical etc., and reenter with the CR-1 or K1 visa, but she can stay here as long as she is authorized by whatever visa she has.

They do not ask you, but there is a section in your DS-160 where passenger mentioned why (s)he needed the B1/B2 visa and I am sure she did no put she wanted to migrate in there. So that would be a misrepresentation.