Pizzicato

Hello VJ members,

I'm thinking about marrying a Ukrainian and applying for residency in Ukraine (I should be able to work while living there). There's officially no DCF in Ukraine, but I've heard from someone else on this forum that US visa applications from US citizens with foreign residency might be fast-tracked for approval.

Have you married a Ukrainian and been through the Ukrainian spousal visa process? How complex was it? How long did it take to get a residency permit? Are you allowed to stay indefinitely and leave and reenter the country without restriction?

Thanks for any advice you might have.

Would you be willing to quit your job, sell your home, pack up all your belongings, say goodbye to your family and friends and move to another country for a 90-day trial period during which your fiance(e) can decide if s/he wants to keep you or not?

Actually, I was thinking the 90-day K-1 period would be an opportunity for us to "try out" each other. Who knows--she may discover that her feelings toward me have changed, or that life in the US has lost its appeal, or that she misses her friends and family too much to be apart from them. This is a big deal for her, I get it. But it is for me, too--worst case, besides any emotional damage, I could potentially end up supporting an ex-spouse for the cost of benefits at 125% of the poverty level for the next 10 years. The K-1 window gives us a little time to get to know each other better before we make this important decision.

But having said that, I'm not convinced it's the best way to go and am open to hearing other ideas. Whatever path I go down, the ultimate goal is a fulfilling relationship for both of us.

Hello VJ members,

I'm fairly new to the group and am hoping for some advice on the K-1 vs. the CR-1. I like how the CR-1 allows my foreign spouse the right to work and travel immediately. On the other hand, I like how the K-1 gives us at least a short window in which we can be together in the US prior to getting married (she won't be able to get a tourist visa). If it's clear that we're just not working out here, we could possibly call off the marriage before I legally obligate myself to support her with the I-864 (I assume the I-134 affidavit of support, included with the K-1 application, would also be void if we don't marry, since she would have to leave the country).

Am I thinking the right way about this? I'm not predicting that my relationship would fail in the US, I just want to be a realist.

As the Embassy told you, there is no USCIS field office in Ukraine, DCF will not be possible.

Write your Ukraine address on the I-130, while not guaranteed, it is very likely your petition will make it's way into a "US petitioner lives overseas where DCF is unavailable" queue. A file that makes it's way into this queue will be adjudicated quickly.

USCIS operators will deny such a queue exists, however, reports from other VJ members suggest otherwise.

Thanks Ryan H. Just a few follow up comments, for you or anyone:

--I wonder in how many other countries besides Ukraine is DCF not available? If it's possible to compile a list it might be a good addition to the DCF Guide on VJ.

--It sounds like I face a choice: I can officially move to Ukraine and then maybe get the "fast track" processing you mention, but then I have to figure out the domicile issue with the I-864 (it's a shame USCIS won't just look at income/assets to prove my ability to support). Or I keep my US domicile, accept the longer processing time, and just make a lot of trips back and forth to Ukraine to visit my spouse. Any thoughts?

--Has immigration fraud and the I-864 sponsorship agreement been discussed much on VJ? Is there a problem of immigrant spouses entering the US, then divorcing the US citizen, then suing the US citizen for 10 years of support at 125% of the poverty level? What I couldn't tell from the I-864 is whether a divorced immigrant spouse earning 125% or more of the poverty level on his or her own is still entitled to ex-spousal support for 10 years. Any thoughts?

Thanks.

Hello Visa Journey members! I'm brand new to this site, and wondering if anyone has recently done a DCF in Ukraine. I may have the opportunity to stay in Ukraine for some time, so I was thinking a DCF would make the most sense for me. I wrote the U.S. embassy in Kiev for more information, but I'm now not sure if a DCF is possible.

I'll summarize my questions, with the embassy's exact response below. I'm putting my follow up questions in [brackets].

Q: Since I-130 applications now go to a USCIS office in Chicago, is this still considered a "direct consular filing"?

A: USCIS handles the I-130 portion of the application; the post makes the decision to grant a visa. It is not considered a “direct consular filing”. [OK, so can a direct consular filing be done from Ukraine any more? Maybe not--see below.]

Q: How long does it take to process a visa this way?

A: Once the petition is approved, the USCIS sends the case to the post. It takes about eight months for the case to get to the post. [if I'm living in the country I thought the processing time was much shorter, like 3 months. But again, I guess this isn't a DCF...]

Q: What's the residency requirement in Ukraine before I can apply for a DCF?

A: Effective August 15, 2011, petitioners residing overseas will no longer be able to routinely file Forms I-130, Petitions for Alien Relative, with U.S. Embassies and Consulates except in locations where U.S. Citizenship and Immigration Services (USCIS) has a public counter presence within the Embassy or Consulate. Petitioners residing overseas in countries where USCIS does not have a public counter presence (including Ukraine) will be required, starting August 15, 2011, to file their Forms I-130 by mail with the USCIS Chicago lockbox. [OK, so no mention of a residency period, so is there any advantage in terms of processing speed if I'm resident in Ukraine?]

I'd appreciate any information or advice you might have! It may just not be possible to do a DCF in Ukraine at this time.