Invincer

Well I have been married before, and we had waited 3 years to be together; so we both decided to live together for at least 2 of those 3 months before getting married because we wanted to be sure. 3 months certainly feels too short a test period to begin with. Then when we were sure, the problems with her Mom arose. She will likely be there for 6 months or quite possibly longer, and even if we have the AOS I read something somewhere about having to be in the US during the temporary visa time more than outside of the US, though i don't remember where I read it. So this is why I was or am hesitant to file the AOS with her length of time back in Ukraine being too unknown as to what will be needed.

So I am mainly looking at the options of...

1. Don't get married yet, and redoing the Fiancée visa all over again after she is back in the Ukraine.

2. Get married this week, then apply for a Spousal Visa after she is back in Ukraine.

3. Don't get married here, but go over there this Summer, get married there, and apply for the Spousal Visa.

Option 3 is nice sounding to her, we could have a wedding so her family could attend it; but i am thinking it would add a lot more time to the wait period compared to filing a Spousal visa after already being married here. There is also the option to get married here, apply for the spousal visa, and then take a trip there for a wedding ceremony after approval and coming back together, but that is just a variation on option 2. I have a call into my congressman to see what he thinks. Out of those three options, what would be the better route?

In a nutshell, my Fiancee had to go through a 3 year wait from when we first started a K1 (refused, resubmitted, she had sick Mom- could not do resubmitted's interview till December). She arrived December 16th. Things have been great, and we want to get married, after taking the time to live together and see how well things went.

Here is the predicament however...

Nataliya's Mom is very ill, and is going to have surgery on March 13th in Ukraine. Nataliya has to be there for her, no ifs ands or buts... plus she may need to stay a while there to look after her. At this point I don't see how we can get married, file for the AOS, and get the Advance Parol in time before she has to go. No way we would even get the interview in time, and I have read getting an emergency visa is next to impossible without an act of God. The only other option I can see would be to get married and apply for the spousal visa or don't get married yet and re-apply for the fiancée visa again. Considering the situation, i would think either submission would go through without a hitch here and at any interviews. Would it be better to get married before she goes back to Ukraine or would that hold things up while resubmitting for a fiancee visa? She may have to be back there for 6 months anyways, so even if she had her AOS I think I remember reading she could not be in another country outside the USA half of a year or more anyways, not sure on this one.

Anyways, what are my best options or choices in this situation? Could even go over there myself in a few months possibly and get married there to apply for marriage visa, or would getting married here before she goes back be better? I just don't know which is the best avenue to take here....

Any help or thoughts appreciated. thanks!

Without going through the long story, in a nutshell... My fiancee was at first turned down and the case sent back to the US (evidently because my ex-wife went through the process, and we are divorced) and when sent back here they approved it again, so back it went there for a second interview. So we took 2 1/2 years to finally get a real approval for her Visa, but she finally did on June 29th 2010. Unfortunately, her Mom has been very very ill and is about to have another surgery there in Sumy Ukraine. She does not want to leave her there when she needs her so much, and we know if she comes here she can not go back there for any reason till the paperwork comes back on an Advanced Parole (i think that is what it was called). The Visa is only good for 6 months, and I am sure it is not a frequent issue where 6 months is not enough time to make the move to the USA; but is there a way to get the Visa extended? It would be awful if she came here and her Mom took an even further turn for the worse and she was not able to go back there without losing her Visa entry. Anyone here familiar with what the rules say about extensions in this regards? Anyone experienced antyhing similar? Thanks..

Okay, I will try to make a long story into a short one here. I COULD write a book...

I went through a fiancee Visa about ten years ago and was married to my wife from Azerbaijan for 5 years. We are still friends, but grew apart. In 2007 I was communicating with my now fiancee in Ukraine and went to visit her in October 2007 and again in January 2008. We decided we did want to get married and started the fiancee visa proceedings. Time moved slowly, but eventually she had an interview in December where they told her everything was fine, but when she waited for the Visa to arrive, they had denied it; or more to the point, they sent it back to the main offices in America recommending they deny it. We waited till July and they sent a letter saying they had gone over the application and were resubmitting it to the Kiev embassy, so it should never have been denied a Visa in the embassy in Kiev to begin with. Maybe it was just because I had gone through the process once before and they wanted it to be more difficult this time, I don't know.

Anyways, she had started school not knowing how long this process was going to take after the first denial. So we figured to try for scheduling an interview around October. But then Murphy's Law set in. I have a serious health problem with my coccyx (tail bone) and am unable to sit long periods (more than half an hour) without excruciating pain. Even when the pain was to a lesser extent on my visit to Kiev back in 2008 I went to sit on the John a couple times just to not have anything underneath me because of the pain. I had to go down to the Mayo clinic in Florida multiple times late last year and had a neural implant put in, which at the best of times, can help maybe 50%. In my hard-hardheadedness I did not want her to come when I was incapacitated by the surgery or recovering afterward. So she scheduled the interview in February, but then she got very very ill and had to cancel the interview (she lives in Sumy and in February weather it may have been like signing a death warrant to travel to Kiev at that time).

So anyways, here we are, she has an interview set for June 27th; but I am extremely doubtful the outcome could be good. Since the letter was back in July of last year, too much time may have passed and they may refuse it because of that. They may also refuse it because I have not been with her in person in a little over 2 years; and was recently reading about the process and it was mentioned you have to have met in person within 2 years, though I don't know if that is 2 years from the interview at the embassy, or two years for initial filing. Anyone have any advise on my situation? I don't think I could handle a flight over there in my condition, I would be ready to jump out of the plane... Should I hire a lawyer's firm that can maybe meet with Nataliya in Sumy or Kiev to go over paperwork and see if we can supply anything more that might help, or what else should I do?... Any advice or good-referrals for attorneys welcomed. thanks!

Okay, will try to condense this as much as possible. My fiance is in Ukraine. My first marriage was with a fiancee visa, did not work out. Went through fiancee visa with someone I met in Ukraine, filling out all paperwork, sent it in last year. They approved it at service center, was sent to embassy in Ukraine. In December she had her interview, everthing SUPPOSEDLY went well. They told her she was approved and would receive her visa in the main within 10 days.

But after more than 2 weeks, we called and they said it had been sent back to the service center in America with the recomendation for denial, would not tell us why, just that we had to wait for the letter of response from the service center.

In checking online case number, it was up for review in January and could take normal waiting time as if it were an application from scratch. Well last week I got a letter that said this...

"This is to advise you that we have reaffirmed our previous decision on the above application or petition which the Department of State had previously returned for review. We have forwarded the case back to the Department of State for action."

Anyone have any experiences like this and know what this means? It sounds like it is being sent back to the embassy and they should never have sent it back recommending a denial. Idiots there even lied to my fiancee while she was at her interview. Does this mean they will contact her to come in for ANOTHER interview? Does it mean they will just send her an approval based on what they should have done before? Will they just inform her of the next steps? Where do we go from here? Any advice would be appreciated. Thanks.