US Citizen marrying a Russian citizen on a tourist visa

[equivicae]

I am a US citizen living in Minnesota. My girlfriend is a Russian citizen and is currently staying with me on a 2-year multiple entry tourist visa. Her visa expires in April of 2014, and we would like some help through the marriage process. I'll briefly describe some details of our current situation, and any advice or clarification would be greatly appreciated.

I met my girlfriend on a Russian-language social networking site. I was using this website to practice speaking my Russian with native speakers. I started communicating with her in March of 2012. Initially she applied for a tourist visa with her friends to visit the USA. However, her friends were rejected tourist visas, but she was granted one. I offered to meet her to show her around the USA, and we agreed. Since then she has been here 3 times (for a period of 2-3 weeks each time), and I traveled to Russia for 2 weeks to meet her family.

We would like to get married, and have questions about what process would work best. She is currently staying me with, but I would like some advice on what options we have.

1) Is it better for her go to Russia, then file for a Fiance Visa in Russia, and come back to USA to get married? (within 90 days)
or
2) Does it make more sense to get married here in the USA, and then apply for an adjustment of status?

3) How does she obtain a green card, citizenship, residence, or employment opportunities? What legal benefits does she get?

Any help would be greatly appreciated.

[rayb]

You can marry, get her an immigrant medical exam, then submit forms I-130 and I-485 with supporting documents (including I-765 and I-131) without her having to leave the U.S. The process will take about 5 or 6 months to get her Green Card. I would not recommend letter her leave the country until she has the Green Card. Send me a PM message is you need clarification of the above.

--Ray B

I am a US citizen living in Minnesota. My girlfriend is a Russian citizen and is currently staying with me on a 2-year multiple entry tourist visa. Her visa expires in April of 2014, and we would like some help through the marriage process. I'll briefly describe some details of our current situation, and any advice or clarification would be greatly appreciated.

I met my girlfriend on a Russian-language social networking site. I was using this website to practice speaking my Russian with native speakers. I started communicating with her in March of 2012. Initially she applied for a tourist visa with her friends to visit the USA. However, her friends were rejected tourist visas, but she was granted one. I offered to meet her to show her around the USA, and we agreed. Since then she has been here 3 times (for a period of 2-3 weeks each time), and I traveled to Russia for 2 weeks to meet her family.

We would like to get married, and have questions about what process would work best. She is currently staying me with, but I would like some advice on what options we have.

1) Is it better for her go to Russia, then file for a Fiance Visa in Russia, and come back to USA to get married? (within 90 days)
or
2) Does it make more sense to get married here in the USA, and then apply for an adjustment of status?

3) How does she obtain a green card, citizenship, residence, or employment opportunities? What legal benefits does she get?

Any help would be greatly appreciated.

[cafeconleche]

If you choose AOS, remember that she entered the US on a B2 visa with the INTENTION of leaving at the end of her stay without adjusting status, so as far as she and CIS are concerned, the decision to adjust status was made AFTER entering the US, and NOT BEFORE. Make sure you get this into both your heads and believe it (if it isn't already true). Otherwise, CIS could make this more difficult for you as it would be considered fraud.

[rayb]

Though I don't disagree with cafeconleche's contention that adjusting status from a B2 visa is a red flag for an intended attempt to circumvent visa requirements, the processing of the paperwork and the subsequent interview will focus on other factors:
1. Was the entry to the U.S. legal, i.e., with a visa that can be converted?
2. Is there any indication that the relationship is for status application only?

Couples whose paperwork I did have been asked how long they knew each other, but the question wasn't phrased in an attempt to get a "intended to immigrate" confession. The interviewer wanted to be assured that this was a relationship with a history.

--Ray B

If you choose AOS, remember that she entered the US on a B2 visa with the INTENTION of leaving at the end of her stay without adjusting status, so as far as she and CIS are concerned, the decision to adjust status was made AFTER entering the US, and NOT BEFORE. Make sure you get this into both your heads and believe it (if it isn't already true). Otherwise, CIS could make this more difficult for you as it would be considered fraud.

[equivicae]

Thank you RayB and cafeconleche for your replies.

1. Was the entry to the U.S. legal, i.e., with a visa that can be converted?
2. Is there any indication that the relationship is for status application only?
--Ray B

1. She got her touristic visa (B1/B2) for 2 years, and the first time she came as a tourist. She was originally planning on touring LA, Vegas, and SF; but with her friend that was denied her visa. I offered her to come to my state as a guest.
2. We would like to get married and live together. We have a very serious relationship.

My girlfriend is leaving for Russia for 2-3 weeks for New Year. She will arrive back in USA in early January. A couple questions we have:

Q1) So if I understand correctly, we can either apply for an adjustment of status on her current B1/B2 (passport indicates both) to a lawful permanent residence (otherwise green card, I believe)? Does it change/update her current tourist visa?

Q2) Her visa expires in March of 2013. Is she allowed to stay here in the USA after her visa expires (after we apply for the documents mentioned by RayB)? If not, how will the process work? Must she go back to Russia and file the paperwork there? Or obtain a fiance visa? Should she apply for a fiance/immigrant visa while she currently has a tourist visa?

Q3) She also wants to be able to have the possibility of working in the USA so she can support our family and future. What procedures must we follow to make this possible?

Thank you for your prompt replies.

[rayb]

Did you mean that her allowable visa expires in 3/2014? You said 3/2013?

I'll send you a private response via PM mail.

--Ray B

Thank you RayB and cafeconleche for your replies.



1. She got her touristic visa (B1/B2) for 2 years, and the first time she came as a tourist. She was originally planning on touring LA, Vegas, and SF; but with her friend that was denied her visa. I offered her to come to my state as a guest.
2. We would like to get married and live together. We have a very serious relationship.

My girlfriend is leaving for Russia for 2-3 weeks for New Year. She will arrive back in USA in early January. A couple questions we have:

Q1) So if I understand correctly, we can either apply for an adjustment of status on her current B1/B2 (passport indicates both) to a lawful permanent residence (otherwise green card, I believe)? Does it change/update her current tourist visa?

Q2) Her visa expires in March of 2013. Is she allowed to stay here in the USA after her visa expires (after we apply for the documents mentioned by RayB)? If not, how will the process work? Must she go back to Russia and file the paperwork there? Or obtain a fiance visa? Should she apply for a fiance/immigrant visa while she currently has a tourist visa?

Q3) She also wants to be able to have the possibility of working in the USA so she can support our family and future. What procedures must we follow to make this possible?

Thank you for your prompt replies.

[Ebenezer Carpio]

I'm exactly in the same situation!

Hello everyoen. I've read the story explained here, and it's very similar to mine. I would appreciate all orientation and recommendations for this process!

Thank you in advance!

[April Ames]

This message if for rayb, sorry to interrupt on the thread, but I have a similar situation and would like guidance in this matter. I have met a very nice Russian man, through an international dating site. We talk for long hours and he is going to try and get a visa to come see me, in the spring. We have discussed marriage and I don't want anything to go wrong. I would appreciate advice. Thanks.

[merzhoykinm]

US citizen marrying a Russian Citizen on tourist visa

Bro I ran in to your post by accident, but after reading it; I have to tell you something. Dude, be careful, you are playing with fire, I wish you luck and hope that your efforts will not go to waist. Russian women may not be American women, but keep in mind that women will always be women.