Take the High Road--But How?

[Lazor335 0]

4 hours ago, Boiler said:

Not sure if she can leave the country, usually someone passport would be taken for a serious criminal issue.

She can leave, the police told us to do what we want and travel where we want. We left the country for a Valentines Day trip to Italy. Needless to say, the charges are not all that serious and have little basis.

[skaratso 84]

1 hour ago, Lazor335 said:

I thought using the B2 to host a destination wedding was allowed. I even read in the guidelines for the State Department that you are allowed to marry on a B2 visa so long as you declare it at the border with your intent to return. So if she were to return home after why would she be immigrating? And in this country people only get K visas if they can't get B visas, as it's usually easier. At first I thought adjusting status in the US wouldn't be a problem, but I guess it is. So we won't do that.

It may be technically possible to use a B2 have a destination wedding, but the burden of proof is going to be a lot higher since you're a US Citizen. Since US Law requires that everyone coming to the United States, even if just passing through on the way to another country, is assumed to be immigrating to the US, she may have to demonstrate iron clad ties back to Israel for them to even consider granting her a B2 for a wedding to a US Citizen. And even then, getting the visa is no guarantee that she won't be turned away at the border by the border officer.

 

A K1 or a CR1 is probably the best bet in this situation.

[JE57 239]

3 hours ago, Lazor335 said:

Yeah, no criminal charges as of now. But I'm guessing the police record will show the investigation or something like that. It might be a good idea to write an explanation letter, as once it's explained it sounds like there isn't much ground for criminal charges.

I know there are plenty of options on what to do regarding visa and marriage choices, but kind of feel like I'm burning the candle at both ends and slowly losing things that are important to me. It seems getting married in both of our countries is a problem, not to mention the visa process might just be a big waste of time with the criminal charges. Meanwhile I am getting pressured to get married and take my life off pause, and if I choose the wrong visa path or travel to any country without the proper proof of return I will be out thousands. Sigh, it's like gambling.

Yes there is no such thing as life without a gamble.   My suggestion to you is to take things one thing at a time.   It's not clear to me where you would prefer to be married...

IF your choice is the USA then by all means your best bet is to start figuring out a date... make some arrangements with as much re-fundable options as possible and plan to arrive in the USA with as short a time as possible before your wedding and leave as soon as possible back to Israel....  The idea is that she is very likely going to face likelyhood of being denied entry at the POE on a B2 since she recently stayed so long in the USA and the shorter her stay in the USA the better.  You going back to Israel to continue studies with letters from your school etc. helps build the case that you are entering the USA with the sole purpose of getting married and then returning to Israel ASAP after.  Then you apply for a CR-1 visa (or DCF) as soon as you get back..   The downside is you end up trying to plan a wedding from overseas and have no assurance that you can actually attend your own wedding without her being turned back at the POE.. NOTE however, that there is no restriction on entering the USA on a tourist VISA with the intent of her returning to Israel after the wedding rather they believe her intent to return to Israel after the wedding and allow her in thru the POE is a question and given the history I would say that it would be likely that she would be allowed into the USA on her B2

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If you can and want to get married in the Israel then the DCF seems like a reasonable option to me... It's shorter than a CR1 visa and with the letter explaining the situation she is in no way misrepresenting..  Yes you may be out the visa application fee if she is denied but you might also be able to get out of Israel and move to the USA much sooner than you would with any other option. 

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Getting Married in Israel is an option followed by DCF and then you could plan a renewal of vows and full ceremony in the USA as well.  I suspect that the issue is that she is Jewish and perhaps you are not and since interfaith marriages are not allowed to be performed in Israel then you are looking at one of you converting (or you convincing a rabbi that you really are Jewish).  Which means the two of you also have another issue to content with which is what religion do you plan to practice. That is only a VISA issue because it affects your possibly of getting married in Israel and the possibility (depending on faith) of a 'renewal of vows' ceremony if you intend to go that way.  

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Good luck.  Also as a student remember that all immigration options to the USA require that you must be able to support her in the USA or that you have a co-sponsor so while that is not your current question do keep that in mind as to how you'll meet that requirement.

 

[Lazor335 0]

9 hours ago, JE57 said:

Yes there is no such thing as life without a gamble.   My suggestion to you is to take things one thing at a time.   It's not clear to me where you would prefer to be married...

IF your choice is the USA then by all means your best bet is to start figuring out a date... make some arrangements with as much re-fundable options as possible and plan to arrive in the USA with as short a time as possible before your wedding and leave as soon as possible back to Israel....  The idea is that she is very likely going to face likelyhood of being denied entry at the POE on a B2 since she recently stayed so long in the USA and the shorter her stay in the USA the better.  You going back to Israel to continue studies with letters from your school etc. helps build the case that you are entering the USA with the sole purpose of getting married and then returning to Israel ASAP after.  Then you apply for a CR-1 visa (or DCF) as soon as you get back..   The downside is you end up trying to plan a wedding from overseas and have no assurance that you can actually attend your own wedding without her being turned back at the POE.. NOTE however, that there is no restriction on entering the USA on a tourist VISA with the intent of her returning to Israel after the wedding rather they believe her intent to return to Israel after the wedding and allow her in thru the POE is a question and given the history I would say that it would be likely that she would be allowed into the USA on her B2

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If you can and want to get married in the Israel then the DCF seems like a reasonable option to me... It's shorter than a CR1 visa and with the letter explaining the situation she is in no way misrepresenting..  Yes you may be out the visa application fee if she is denied but you might also be able to get out of Israel and move to the USA much sooner than you would with any other option. 

-

Getting Married in Israel is an option followed by DCF and then you could plan a renewal of vows and full ceremony in the USA as well.  I suspect that the issue is that she is Jewish and perhaps you are not and since interfaith marriages are not allowed to be performed in Israel then you are looking at one of you converting (or you convincing a rabbi that you really are Jewish).  Which means the two of you also have another issue to content with which is what religion do you plan to practice. That is only a VISA issue because it affects your possibly of getting married in Israel and the possibility (depending on faith) of a 'renewal of vows' ceremony if you intend to go that way.  

-

Good luck.  Also as a student remember that all immigration options to the USA require that you must be able to support her in the USA or that you have a co-sponsor so while that is not your current question do keep that in mind as to how you'll meet that requirement.

 

How do you know if DCF is possible in any given country? I didn't see it come up for this country when I googled it, and when I called the embassy before no one answered at all. 

[Transborderwife 4,666]

I don't believe Israel has DCF

[JE57 239]

22 hours ago, Transborderwife said:

I don't believe Israel has DCF

You are correct.  To OP... I'm very sorry if I gave you false hope!   I did a quick internet search on DCF and Israel and thought it appeared to be possible but when I just did more research it appears the USCIS Athens field office has justification over Israel but for an I-130 they will only process it as DCF for residents of Greece and for exceptional basis for those living in other areas of it's jurisdiction.  I have not read anything that would suggest that the OPs situation would qualify them for exceptional processing for DCF