Delta7

20 minutes ago, geowrian said:

Yes. Once AP is approved (~4 months from filing), she can visit home. She can't stay abroad for an extended period...she needs to maintain her claim to US residency, but a month or two is normally fine.

Thank you. Would she need to go to the embassy In Moscow at all? Or upon approval of the AP,  does she receive some type of certificate allowing her to re-enter?

1 hour ago, DrEllaNJ said:

Would she rather be separated from her parents for another 4-5 months, or separated from you for about a year, or who knows how long given the cuts in staff in Russia?

Does the advanced parole document let her travel back to Russia after 4 months to see her parents? Is there any limitations of this document?

Just now, piff said:

just get married, and then apply for AOS

That's what I would prefer, but she is skeptical about telling her parents she won't be home for another 4-5 months 

Just now, piff said:

She is probably here on Work and Travel J-1, so no waiver will be needed.

Correct, she does not have a two year home residency requirement on her current J1 visa.

16 hours ago, missileman said:

Good plan!!   Congratulations and good luck on your journey...

Thank you. I spoke with her briefly and she is not sure she can go without seeing her parents for 4 more months, since they are waiting for her to return. So I'm not sure if we are going to proceed with the original K1 route, or CR1. We just don't know the ramifications or effects of the US having to cut their diplomatic staff by 65-70%. Hopefully the interview stage doesn't skyrocket in processing time too too much?..

2 minutes ago, Coco8 said:

Yes, it is enough time. Any "overstay" is forgiven basically because USCIS does not care about it, that is a State Department purview. So as long as she stays and AOS, there is no problem of staying past her expiration date.

 

Plus, J1 has a 30 day grace period after expiration, so she can stay until 10/15 without any problems. 

 

I'd recommend submitting the packet for AOS before the expiration date. As long as you guys do that, you are doing everything by the book. Time that goes by won't be held against her as long as you are doing AOS. Let's say you decide not to go through with it and you filed AOS, any time she stayed over her J1 + 30 day grace period is fine (because of AOS). 

 

 

Thank you so much. So essentially, if we decide we want to go down this route..We get a basic civil court marriage, she files for AOS, as well as I-130, I-485, I-765, I-131 (Advanced Parole Travel Document) and the I-864. These documents allow her to stay here, work, and travel outside (to see her family etc) once they get approved (765+131)?

Just now, geowrian said:

Cool. Then you can marry and AOS fine.

Although the two of us know we are not committing immigration fraud, do you think we will get any flak from the govt? We have plenty of proof (pictures of each other in Boston on trips, we have plans to go to Niagra Falls the weekend of 9/10). I guess I'm just curious how hard we will be investigated?

17 minutes ago, Delta7 said:

I just learned about this J-1 "two year home residency requirement". I'm not sure if she has it or not, how would she go about finding out? And how hard is it to get it waived?

Confirmed her visa does not have this two year home residency requirement

16 minutes ago, geowrian said:

Once you file for AOS, you are granted authorized stay while AOS is pending. Also file for AP + EAD so she can travel abroad and work...ETA: ~4 months for those (and close to a year for AOS itself).

I just learned about this J-1 "two year home residency requirement". I'm not sure if she has it or not, how would she go about finding out? And how hard is it to get it waived?

Just now, Coco8 said:

Why not AOS in the US?

 

Check whether she needs a J1 waiver and start that as soon as possible (as long as there is no Dept of State funding involved).

Yeah, it would be adjustment of status that would get filed if we got married here. However, with her current visa expiring on 9/15, is this enough time for her to not have to leave? The whole Russia/US relations are really making things difficult

I've been seeing my now Russian fiancé (19F) for 3 months now. She came here on a J1 visa (student exchange) that expires on 9/15. We were going to apply for the K1 visa after she left, but with the current political unrest between our countries (https://ru.usembassy.gov/fact-sheet/), there is so much unknown with the timeline of the process.

I am just curious, if we got a civil marriage here in the US in the next week or so, would she be able to stay in the US while the CR-1 and I-130 gets processed? This way we can bypass the whole part of the process that depends on Russia (Now that they are doing ALL visa processing at a lone embassy in Moscow)

I'm also in this boat and am very concerned that this could cause extreme lag time for K-1 visas to be approved (due to the potential of interviews taking months to schedule). Does anyone have any information?

Thank you! Do you still think that this process will be quick? Even after Putin ordered 400+ US consulate workers to be deported back to the states? 

1 minute ago, Eyeguy1 said:

True, the loss of diplomats in Russia may slow down the processing times once the application is sent to the Russian embassy.  However, the processing time here in the US seems to be the main slow down at this point.  Our application was sent in 2 months ago to the California servicing center and still no response other than it was received.  My fiancé has spoken to other women and they have been waiting up to 4 months to find out the application was initially approved and being sent to the Russian embassy.  So my advice is to get your application in ASAP.  Who knows if the political issues between the US and Russia may be improved and the diplomats returned to their respective embassy by the time your application is forwarded to Russia for processing and setting up your fiancé's appointment with them.

 

As far as getting married first and then applying fo a K-3, I have read on a number of attorney's websites that specialize in immigration that a spouse visa may not be any quicker, and in fact, possibly slower.  Most of these attorneys do offer an initial free phone consultation. You might only be able to speak to their paralegal but they should be able to provide you some help.  Perhaps you should see if you can speak to someone and then decide your course of action. 

Thank you Eyeguy1, that's what I've been researching today, is that the biggest chunk of time waiting seems to be waiting for the NOA-2 (correct me if I'm wrong). Once this gets approved, things seem to proceed at a steady pace in terms of the medical exam/interview. Hoping that if we file within the next month, that we could get approved by March/April for a Summer 2018 Wedding (one can dream right?)

25 minutes ago, OutOfThisWorld said:

The point is, K-3 visa applications are applied for in the country where the marriage took place (for non-US marriages) or the consulate responsible for such country. So, if you are worried about possibility of slowdown at the Russian consulate, this is a way to avoid the Russian consulate.

 

Please correct me if I am wrong.

I guess I'm confused, because if we were to get married in Russia, wouldn't we still need to get paperwork done in Russia? Or is she then able to come into the US as a spouse and stay while the green card process? I apologize for being really ignorant about this topic, I'm still trying to gather all the information on the process and options there are.

Just now, OutOfThisWorld said:

Have you thought about marrying in a third country, and applying for a suppose visa, instead?

I have briefly thought about that, but I'm not sure the pros v cons of that route.. I read online on a few sites that said it doesn't really speed up the process. Whether that's true or not, I'm not sure, I'm a noob and never would have seen myself in a situation like I am today 

Thank you SocratesJohnson. Since it seems the bulk of the waiting time is waiting for the NOA-2 which is done by the USCIS, I'm hoping the processing time isn't effected too much, but we'll see I suppose 

Good morning, 

My girlfriend and I are planning on filing a petition for the K1 Visa within the upcoming month, however with all of the turmoil between the US and Russia (US Sanctions, and Putin recently ordering 755 American consuls to be deported by 9/1/17), we are really worrying that the processing times will spike dramatically. What is the time frame you think we should expect if we file in early/mid September? 

Has anyone gone through this process with Russia and had trouble?

Thank you so much