She's coming to Ukraine in May and I currently don't have any visas open for the US. I used to live in the US for 7 years before. I was thinking to open a tourist visa and go back with her, but maybe there is a better option. Besides what if I fail to open tourist visa for some reason.
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
"I was thinking to open a tourist visa and go back with her" would be an immigration fraud as you are intending to get married and adjust the status to a LPR. The best legal method is to apply for a K groom visa by your USC fiancée.
Again, do everything by the book, as any attempt to commit an immigration fraud would ensure your permanent bar for any immigration benefits in the United States.
The tourist visa is not appropriate for your situation and it will most likely be denied. The other option is a K-1 visa with adjustment of status, or get married outside the US and go through consular process for an immigrant visa. Either way, the process can be complicated so I recommend hiring an immigration attorney. Best of luck.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
The best way would be for you to open a tourist visa and come to the U.S. However, you cannot get married until you spend at least 60 days in the US to overcome the presumption of the immigrant intent. Please consult with U.S. immigration attorney before attempting to file for the immigrant status (green card).
Under what authority were you previously living in the US? How did you leave the US? The answers to these tow questions could effect your future ability to enter and adjust in the US or to consular process. Also, while some people do enter on tourist visas and their intent changes while they are here, entering in a tourist visa with the pre-conceived intent to stay is visa fraud and could be used against you in the future. You should have consultation with an immigration attorney to clarify your options and risks.
Either: 1) consular processing (first, get your I-130 approved) or 2) enter on a Fiance Visa (K1), get marry within 90 days and then adjust status. Make sure you discuss your options with an attorney. You indicated that you "live in the US for 7 years before." Did you actually live here for 7 years or were you here simply 7 years ago? This could be problematic if what you meant to indicate was that you did indeed accrue unlawful presence for at least over a year.
Your gf should talk with an immigration lawyer and decide whether a fiance visa or consular processing of a marriage visa is the best route for you both.
As other fellow attorneys have noted, trying to enter on a tourist visa would not/should not work in this situation. Saying that it would be immigration fraud sounds harsh, but to the immigration officials, that is what it would be. In part because well-meaning people doing nothing intentionally wrong could end up unintentionally committing or appearing to commit fraud, it is recommended to consult directly with an immigration attorney. It sounds most feasible for your girlfriend to meet with a U.S. immigration attorney directly. If the wedding is to be in your country, then the immigrant visa petition and consular processing and interview at the embassy or consulate would need to be done - a complicated process that is best done through an attorney. If the wedding is to be in the United States, then a K Fiance visa is the way to get here, and after the wedding, to adjust status in the United States to become a legal permanent resident. There are other requirements and important considerations that are best talked over with an immigration attorney. Also important is on what status, if any, were you in the U.S. previously? Did you go out of status, and if so, for how long? Is that your only other time being in the U.S.? These considerations are very important to go over with an attorney before beginning any immigration process.
Assuming that your prior stay in the US was legal, you can apply for the Fiance visa and then get married within 90 days of arrival into the US or get married in Ukraine and then apply through consular processing (I-130) and wait for approval. Ask your girl friend to speak with an immigration attorney to discuss the best route for you two. Best of luck.
