A collision course - revisited

[Wist]

I'm just passing along something I recently learned to whomever it may concern here.
In December it was suggested to me that I could have her apply for a one year multi entry tourist visa. Since she's been to the US twice already and returned home, her chances of obtaining a tourist visa are good. So I discussed this idea with my lady as a solution to conflicting (time wise) events in my life. She replied that the chances of any Russian getting a tourist visa is almost nil and that if she is turned down, she cannot leave Russia for any reason for a year. She was quite certain about this and thus ended the discussion. I would like to think that she is incorrect but ...sigh.

[Jooky]

if she is turned down, she cannot leave Russia for any reason for a year

Absolutely not correct.

Also because she has been to the US twice she does stand a decent chance of getting a tourist visa, but that depends primarily on her current financial situation.

[Wist]

Thank you, and I believe you but I've got to convince her of it. She was quite adamant about it.

[William3rd]

What category was she here in the US under before?

[ScottinCrimea]

Maybe she's not so keen on coming back to see you and this is just a way to justify it?  Just a thought.

[Jooky]

This is a girl that you've been dating and know in person correct? She was in the US twice as a student and au pair?

What might have her worried is this: If a Russian applies for a visa and it is denied because of fraud she will get a mark in her passport. Other countries that require visas will see this mark and likely also refuse her a visa if she applies. Regardless, she can still leave the country and travel to other countries that do not require a visa for Russian citizens.

If she does apply for a visa, she should not present any fraudulent evidence. This does happen often in the form of false bank statements and employment records.

[William3rd]

uh oh- aupair?

HOW LONG AGO DID SHE RETURN HOME AND HOW LONG WAS SHE HERE IN THAT CATEGORY? DID SHE APPLY FOR ANY VISA SUBSEQUENT TO HER RETURN HOME FROM HER AU PAIR TERM OF STAY?

[Jooky]

uh oh- aupair?

Why is that a problem?

[Wist]

I must correct myself. Actually she was here only once on a student J-1 visa for about 4 months and then she decided to return home, this was 4 years ago. There was no Au pair officially, just some baby sitting for extra spending money, and no she has not applied for a visa since then.

Maybe she's not so keen on coming back to see you and this is just a way to justify it?  Just a thought.

A good point, but no that is not a concern, it is me that is holding back. Mutual friends have told me that she is waiting for me to pop the question. We were introduced by these same people almost 2 years ago and we have been "dating" for the past year with 2 visits and a 3rd in April. Before I ask "the question" I must first settle some personal/private aspects with her that only time together in my home environment will resolve. All of which brings me to my original question, how do I find a way to do this when a K-1 isn't practical in my case? It did not occur to me that a tourist visa could be considered fraud. I had hoped that she could visit whenever she could get away and I could take breaks from work even though breaks from this private college would not be possible for 2 years. I have until September to come up with something. Maybe I am being naive but I'm just trying to find a solution to an unusual situation.

[William3rd]

OK- J1 four years ago. . . . . dont think it was subject to the 2 year return home requirement anyway.

She is subject to the basic requirements of sufficient contacts to the home country and ability to support herself. Does she have any friends here to write an invitation letter other than you?

[BC]

Before I ask "the question" I must first settle some personal/private aspects with her that only time together in my home environment will resolve.

CaptB posted an exellent post on this aspect here:

http://www.russianwomendiscussion.com/index.php?topic=3594.msg66719#msg66719

[Wist]

 Does she have any friends here to write an invitation letter other than you?

She had made friends William but I don't know that she is still contact with them. The post by CaptB is very good & it made me ruminate on a past mistake I made. Anyway, I don't want her sitting alone, lonely and depressed during a K-1 visa after having quit a well paying job. It's looking like I will just have to steal a week between semesters and going to see her for as many times that it takes. Never again will I rush to decisions on such matters. Looks like it's time for another long talk with her.

[Jooky]

Hello Wist,

Honestly I think your decision whether or not to file a K-1 should be based on whether you are engaged with intent to marry or not. The K-1 is not intended for dating.

If your girlfriend meets some or all of the following criteria:

Has been to the US before and returned within the required time limit.
Has travelled to or lived in other countries requiring visas and returned within the required time limit.
Has unfinished education back home.
Has a decent steady profession with a high salary.
Owns property: an apartment, a car, a dacha.
Most importantly: can afford the trip and can demonstrate that she has the required funds to do so.

Then she stands a decent chance of getting a tourist visa. I don't see the harm in applying.

One question though: You are concerned with your girlfriend being bored at home while you work. How would you deal with this situation if you did marry?

[William3rd]

There is NEVER harm in trying. . . .
Its only a hundred bucks for a yeah or nay.

Put up the best case the first time through, though.

[Jooky]

Put up the best case the first time through, though.

Definitely. Very good advice, but make sure that her case is absolutely honest. Your girlfriend may have friends who advise her to present fraudulent documents to better her chances. She should never do this.

[BC]

There is NEVER harm in trying. . . .
Its only a hundred bucks for a yeah or nay.

Put up the best case the first time through, though.

Don't forget reciprocity fees.. can double that amount.

Yeah put up the best case for sure.  Did a tourist visa for wife and daughter last year, had a small binder of documents not only showing their intent to return but also my ties to this country as well.. we could easily have been classified as trying to bypass a family based visa. Considering the questions asked during the interview these guys and gals at the consulate have a 'nose' for detecting intent.  2 year multi B1/B2 granted and a few months ago even called to confirm that our daughter (12) returned with us.

[William3rd]

especially checking up on the daughter. . . .

daughters have a habit of suddenly becoming students or getting adopted by family members in the US.

Back in the 90s the folks from Taiwan were doing that all the time. . .  the parents got permanent visa revocations for alien smuggling/visa fraud and the kids got sent home.

[BC]

especially checking up on the daughter. . . .

daughters have a habit of suddenly becoming students or getting adopted by family members in the US.

Back in the 90s the folks from Taiwan were doing that all the time. . .  the parents got permanent visa revocations for alien smuggling/visa fraud and the kids got sent home.

Does go to show that a bigger picture exists than we represent here..  I was kinda impressed they would take the effort to confirm all was in order..

[Wist]

Honestly I think your decision whether or not to file a K-1 should be based on whether you are engaged with intent to marry or not. The K-1 is not intended for dating.
If your girlfriend meets some or all of the following criteria:
Has been to the US before and returned within the required time limit.
Has travelled to or lived in other countries requiring visas and returned within the required time limit.
Has unfinished education back home.
Has a decent steady profession with a high salary.
Owns property: an apartment, a car, a dacha.
Most importantly: can afford the trip and can demonstrate that she has the required funds to do so.
Then she stands a decent chance of getting a tourist visa. I don't see the harm in applying.
One question though: You are concerned with your girlfriend being bored at home while you work. How would you deal with this situation if you did marry?

I was anticipating the likely possibility that we will make the marriage decision soon, but I wanted to have a plan before that  time comes. There is another factor involved too that I hope will be resolved on the next visit or two. This whole thing is a temporary situation, two years, but do I risk adding even more stress by bringing her home during this time? Will I be setting ourselves up for failure even before we begin? These are questions I have been asking myself and will have to discuss with her in April. However, she owns an apartment that is currently being remodeled so lives at home for now, has a good paying job, and may have to buy a car for her work. Don't know about her bank account, but naturally I will pay all her expenses. Speaks and writes excellent English.