Visa for Girlfriend

[kavalerov 1]

Hi, I’m a U.S. citizen who has been dating a citizen living in another country. We’re still exploring whether we should be together and are not ready for engagement or marriage, but would like to see each other more often in the coming year. So far, we’ve been meeting outside of the U.S., but I would very much like for my girlfriend to visit me where I live. She currently doesn’t have a tourist visa for the U.S. and we’re wondering what visa she should apply for: (a) a tourist visa, or (b) a fiancée visa. Based on what we’ve read online, we’re worried that she would be committing visa fraud if she comes here on a tourist visa, even though we currently have no intention of marrying and she has no intention of staying in the U.S. beyond the time allowed for a tourist visa. Is that true? If so, what are our options besides simply continuing to see each other outside of the U.S.? Thank you. 

[Crazy Cat 39,802]

It is visa fraud ONLY if she comes to the US via a non-immigrant route with the intent to marry and stay(adjust status).  As long as she returns to her country before the expiration of her authorized stay, there is no visa fraud............I encourage you both to consider the pros and cons of each visa.

 

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US. 

 

All-in-all, the CR-1 is superior to the K-1 imo. 

[Roel 7,191]

7 minutes ago, kavalerov said:

Hi, I’m a U.S. citizen who has been dating a citizen living in another country. We’re still exploring whether we should be together and are not ready for engagement or marriage, but would like to see each other more often in the coming year. So far, we’ve been meeting outside of the U.S., but I would very much like for my girlfriend to visit me where I live. She currently doesn’t have a tourist visa for the U.S. and we’re wondering what visa she should apply for: (a) a tourist visa, or (b) a fiancée visa. Based on what we’ve read online, we’re worried that she would be committing visa fraud if she comes here on a tourist visa, even though we currently have no intention of marrying and she has no intention of staying in the U.S. beyond the time allowed for a tourist visa. Is that true? If so, what are our options besides simply continuing to see each other outside of the U.S.? Thank you. 

If you don't intent on getting married do not apply for fiance visa. It's only for people who are 100% committed on getting married. One of the requirements is to get married within 90 days. 

 

B2 visa is the only option. 

Edited September 3, 2018 by Roel

[Crazy Cat 39,802]

One more thing........B2 tourist visa is her option for visiting inside the US.......When she applies, she will asked about you.......if her visa is approved, her entry will still be at the discretion of the CBP officer at point of entry.

[kavalerov 1]

Thank you for your quick reply. Just one follow-up: she is bound to be asked on her visa interview whether she knows or plans to visit someone in the U.S. Wouldn’t her chances of receiving a U.S. visa be diminished if she says “yes”? As a Russian citizen, she will already be seen as a high risk for illegal immigration. On the other hand, if she says “no,” I’m worried that it will somehow come back to haunt us if/when she does apply for a spousal visa in the future, since they will look at records of our relationship. 

[JFH 12,189]

Have you met in person yet? Fiancé visas are for people intending to marry and stay. Otherwise you are spending the best part of $1000 including the medical, etc for a one-entry visa. Totally pointless. A tourist visa is the way to go. Many here visited their love interest in the USA using a tourist visa before immigrating. She won’t know if she will be approved until she applies. 

 

Incidentally, which country is this? No need for secrecy! It would for helpful to know so that we can see the statistics on approval rates from that county. 

[JFH 12,189]

3 minutes ago, kavalerov said:

Thank you for your quick reply. Just one follow-up: she is bound to be asked on her visa interview whether she knows or plans to visit someone in the U.S. Wouldn’t her chances of receiving a U.S. visa be diminished if she says “yes”? As a Russian citizen, she will already be seen as a high risk for illegal immigration. On the other hand, if she says “no,” I’m worried that it will somehow come back to haunt us if/when she does apply for a spousal visa in the future, since they will look at records of our relationship. 

She absolutely must not lie. That would give her a lifetime ban. If she is asked that question, she must answer truthfully. There is nothing illegal about having an American boyfriend. There is everything illegal about lying to a government official. 

[Boiler 43,824]

Similar sort of deal when you went to visit her, you entered as a visitor.

[Crazy Cat 39,802]

36 minutes ago, kavalerov said:

Thank you for your quick reply. Just one follow-up: she is bound to be asked on her visa interview whether she knows or plans to visit someone in the U.S. Wouldn’t her chances of receiving a U.S. visa be diminished if she says “yes”? As a Russian citizen, she will already be seen as a high risk for illegal immigration. On the other hand, if she says “no,” I’m worried that it will somehow come back to haunt us if/when she does apply for a spousal visa in the future, since they will look at records of our relationship. 

Answers should be given truthfully.....period....

[geowrian 22,336]

9 hours ago, kavalerov said:

Wouldn’t her chances of receiving a U.S. visa be diminished if she says “yes”?

Possibly. But the alternative would make things much, much more difficult for you in the future. Do not lie to any immigration official, ever.

[Dashinka 23,405]

19 hours ago, kavalerov said:

Thank you for your quick reply. Just one follow-up: she is bound to be asked on her visa interview whether she knows or plans to visit someone in the U.S. Wouldn’t her chances of receiving a U.S. visa be diminished if she says “yes”? As a Russian citizen, she will already be seen as a high risk for illegal immigration. On the other hand, if she says “no,” I’m worried that it will somehow come back to haunt us if/when she does apply for a spousal visa in the future, since they will look at records of our relationship. 

She must not lie.  My now wife applied twice for a visitor visa and was denied both times and she was asked about me and responded truthfully, so it did not hinder her future immigration chances.  Based on what you are planning, the visitor visa is the only option as already mentioned.  If you plan to get married later, then you can research the K1 vs CR1 potentials.  As to her actually getting a B2, that is really up to the CO in Moscow and her ability to prove that she is not an immigration risk.

 

Just as an FYI, the wait times for the Moscow consulate for a B2 application is something like 300 days, so if she is going to apply for one, she should do it soon.

 

Good Luck!

[WeGuyGal 1,052]

2 hours ago, Bill & Katya said:

 

Just as an FYI, the wait times for the Moscow consulate for a B2 application is something like 300 days, so if she is going to apply for one, she should do it soon.

 

Really? Almost a year for a B2? 

[SusieQQQ 11,585]

25 minutes ago, WeGuyGal said:

Really? Almost a year for a B2? 

300 calendar days according to the official site....

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html

 

some background https://www.washingtonpost.com/world/europe/frustrated-at-visa-holdup-russians-turn-their-backs-on-america/2018/04/22/067f8bc2-4633-11e8-8082-105a446d19b8_story.html?utm_term=.8a38940b13e9

Edited September 4, 2018 by SusieQQQ

[Lucky2Lucky 2,526]

A fiancé visa is only for fiancées.. who plan to get married in the US. 

 

A tourist visa is for the purpose of travel/tourism. It’s possibly she may not get a tourist visa depending what country she is from and the ties to her country.

 

it should be pretty clear which one you need.  

[EM_Vandaveer 2,372]

You could meet in a third country. My original home country of Hungary, for example. You don't need a visa for visits up to 90 days. She does, but it's much easier to get (Shengen visa) then a US tourist visa.

Edited September 4, 2018 by EM_Vandaveer