visitor visa while in K-1 process

[sjlambert 0]

Not sure if I put this in the right place, so I apologize if I didn't! Okay, I'll try to explain the situation as briefly as possible. I met my fiance while she was living in the United States, we fell in love and lived together for a year before she had to return to Russia and finish the last year of study at her University. Stupidly, we decided not to get married before she left. She has finished her year at school and I submitted I-129f in August, 2010. A close friend of hers that is living here in the US got married in September, this friend invited my fiance to the wedding. My fiance submitted her application for a visitor visa and had her interview at the embassy, we were both very excited because above coming here for the wedding she was coming to visit me, its been a long time since we have seen each other. While at her interview for the visitor visa my fiance was told that her application required additional processing, about two weeks. Its been three, so she called the embassy and was crushed to learn that her visa had been denied. She has not yet received the paperwork regarding the exact cause of the denial, but I have a strong suspicion as to what it is. During the first year of her living in the US she had met a lawyer who essentially tricked her into filing a case for Asylum, his purpose was to get money from her, which he did, a lot of money. After her first court appearance for the asylum case this lawyer didn't show, and couldn't be reached. With my assistance, we found a real immigration lawyer who explained everything to her and that her case was hopeless, she never should have filled for asylum. And so she withdrew her case and departed the country voluntarily within the time period allotted by the federal judge, upon returning to Moscow she checked in with the embassy to show she had returned to Russia and all is fine. During her recent interview with the Consular officer, she explained all of this. But its very hard to show you are not planning to immigrate to the US when you have demonstrated that desire in the past, through filling for asylum. So here we are, in process for the K-1, but we desperately need to see each other sooner. I want her to try again for the visitor visa, but under different circumstances. I am considering writing to the Moscow Embassy, and explaining the situation to them, perhaps they can give me a bit of guidance. Can she get a visitor visa just for the purpose of visiting me? Is the fact that she will HAVE to return to Russia to finish her own application and interview for the K-1 enough to convince the Consular officer that she is only coming here for a short visit? Do we have any other options? I'm starting to feel a bit hopeless here, and so is she. Is there a possibility that this ridiculous asylum case could effect our K-1 visa?? Really sorry about the long post. I hope someone can help with some advise, thank you in advance.

[baron555 934]

Can she get a visitor visa just for the purpose of visiting me?

Sure, if they will grant it. It WILL NOT hurt to try, just the money spent for it.

Is the fact that she will HAVE to return to Russia to finish her own application and interview for the K-1 enough to convince the Consular officer that she is only coming here for a short visit?

Nope

Do we have any other options?

You visit her or you two learn to use Skype.

I'm starting to feel a bit hopeless here, and so is she.

Natural feeling but there is nothing you can to about it. Deal with it, we all did, to some degree. It can only make your relationship stronger, or reveal that it isn't that strong to begin with.

Is there a possibility that this ridiculous asylum case could effect our K-1 visa??

Maybe could put extra delays during the reviews at USCIS or at NVC or at the Embassy. Again, nothing you can do.

[Henykat 16]

I don't really like to be negative, but I think there is little chance of her getting a tourist visa with a pending K-1 visa.