Overstay does anyone knows?

[Marina Street]

This is my first step in here, I stayed in US without visa for over 4 years and now me and my husbend (2.5 years) trying to do our papers now. We filed I 130 and got NOA1 so after that we sent I 129 didn't get anything back yet.

[Marie]

You need to tell us how you entered too.

[angela256z]

What is your questions? We also may need a little more info on the background to help answer your questions. Is this your first over stay or was it an EWI? Let us know a bit more and people will start to answer

[sillygiggle]

If you came in through a port of entry and simply overstayed your visa (and have never left the country or been convicted of a CIMT) then you should be able to adjust your status to permanent resident through your spouse.

[Marina Street]

I came for k 1 fiancie visa and never married original petitioner. I came here legal but over saty since I had just only 90 days in my visa. I have never leave or being deported or arrested. So my background is pretty clean and me and my husband in the begining of the process make me leagal . On this site I found a lot of information that made us believe what we can do this but I have so many confusions and guestions for people who has done it.
1.My first question is if we were married in US will I have an interview in US or in Russai(my motherland)?
2. How hard to be approved for hardship for my husband if we don't have a kids or house? and where will I have to submit it in US or russia?
3. If I file a I 485 can I be put in the removal proccedure(deported)? Or should I just leave the country on my own will?
Thank you everyone for help!!! I could never go throu this myself.

[DavisGirl72]

I dont think you can adjust your status without 601 since you did not marry pettitoner of the visa issued for you.You married somebody else?I know there was a girl Ginger she had the same case and she had to file 601 and she is back in us but I dont know if she is on our forum anymore

[Cynthia]

You might be doing an in-country I-601 since you came w/ a valid visa.

Member Ginger did not file an in-country. Her case went to Frankfurt, Germany and got her approval there and I think she had to do an MTR as well (if I remember correctly).

[kitkat1]

I came for k 1 fiancie visa and never married original petitioner. I came here legal but over saty since I had just only 90 days in my visa. I have never leave or being deported or arrested. So my background is pretty clean and me and my husband in the begining of the process make me leagal . On this site I found a lot of information that made us believe what we can do this but I have so many confusions and guestions for people who has done it.
1.My first question is if we were married in US will I have an interview in US or in Russai(my motherland)?
2. How hard to be approved for hardship for my husband if we don't have a kids or house? and where will I have to submit it in US or russia?
3. If I file a I 485 can I be put in the removal proccedure(deported)? Or should I just leave the country on my own will?
Thank you everyone for help!!! I could never go throu this myself.

Your case is more complicated than an overstay. Since you entered on a K1 visa to marry a specific person and did not marry, you have been illegal since the first 90 days passed (the visa requires you to marry the USC petitioner within 90 days).

I would first consult a qualified attorney. If you file for AOS with the I-485 you will be denied and there is no way to know if you will be immediately deported. You are not eligible to file the 601 in the country, to my knowledge, based on violation of your K1.

My best guess is that you will have to start by filing the I-130 and when it comes time for your interview, you will have to return to Russia. There you will be denied and told if you are eligible to file the waiver. If eligible, your chances of approval depend very much on the track record of the consulate there, and how well you can prove extreme hardship based on things unrelated to children or your home i.e. medical, family, etc.

[Cynthia]

Your case is more complicated than an overstay. Since you entered on a K1 visa to marry a specific person and did not marry, you have been illegal since the first 90 days passed (the visa requires you to marry the USC petitioner within 90 days).

I would first consult a qualified attorney. If you file for AOS with the I-485 you will be denied and there is no way to know if you will be immediately deported. You are not eligible to file the 601 in the country, to my knowledge, based on violation of your K1.

My best guess is that you will have to start by filing the I-130 and when it comes time for your interview, you will have to return to Russia. There you will be denied and told if you are eligible to file the waiver. If eligible, your chances of approval depend very much on the track record of the consulate there, and how well you can prove extreme hardship based on things unrelated to children or your home i.e. medical, family, etc.

My apoloqies w/ regards to the in-country (bonker head me..lol). Thanks for clarifying, kitkat.

Marina Street, my first person that I'd trust with any advice will be Mod Lulu (and others, of course) and if I had to go thru it again (which I do not), I would take kitkat1's advice.

[USnoiva]

Hey! we're mods, not smart, right!

I mean,

Hey! we're mods, not lawyers, right!?

[Cynthia]

:wink: Right on, sista!... :)

[Marina Street]

It is so good to hear what other people think , and advice . I thouht what I'll have to leave the country, I just don't know on what conditions. Do you think then I'll have an interview they 'll tell me where should I file or submite my waiver (601) here or in russia? I understand what it won't be easy but with help of people who went throu it I hope we'l make it. I just afraid that if I'l leave I might never get approved and loose love of my love and my life! I don't know how to find a good attorney who would know what he is doing! If someone knows a good attorney in Wilmington or Philadelphia pls let me know? Where will I have an interview in US or Russia?

[Cynthia]

kitkat replied your Qs :) ~Quoted below~

Your case is more complicated than an overstay. Since you entered on a K1 visa to marry a specific person and did not marry, you have been illegal since the first 90 days passed (the visa requires you to marry the USC petitioner within 90 days).

I would first consult a qualified attorney. If you file for AOS with the I-485 you will be denied and there is no way to know if you will be immediately deported. You are not eligible to file the 601 in the country, to my knowledge, based on violation of your K1.

My best guess is that you will have to start by filing the I-130 and when it comes time for your interview, you will have to return to Russia. There you will be denied and told if you are eligible to file the waiver. If eligible, your chances of approval depend very much on the track record of the consulate there, and how well you can prove extreme hardship based on things unrelated to children or your home i.e. medical, family, etc.

As for, if/when you hv/ask to leave, it'll prolly be in the condition of "you can't AOS" and hv no choice but to leave when it's time to file the I-601. But then again, someone will clarify on that or correct me.

On board, most of us would recommend Atty. Laurel Scott at www.visacentral.net. As per her site: Because immigration law is federal, I may serve clients outside of Texas, where I am licensed.

[Pinkpig]

In addition to Cynthia and Kitkat's wonderful informtion, Laurel has mentioned that many times she never actually has face to face, in-person contact with her clients. Most of her contact is done via telephone, mail and computer. Immigration law is federal law and Laurel may serve clients in any state for immigration help. Most of us on I2US recommend her highly.

I also highly recommend my lawyer and if you go to her website, she has lots of great information about immigration that you can read. Take a few minutes to click around her site and you will know a bit more about the process and how it works. http://www.humanrightsattorney.com/index.jsp;jsessionid=C8F9EE4F8E52A27F39384D3666C85 17B

Not many other lawyers have been recommended on I2US. I know that some others have used other lawyers and some are pleased but for some reason there have not been many other recommendations on the site.

[angela256z]

My cousin and her brother-in-law used the lawyer at the website below. They are Northwest based (Washington, Idaho, Oregon) I don't know where you are located, but if you are in the area you could try them.

www.seattle-immigration.com

[MistyB]

Is there any way she can stay in the US until it's time for her to submit her waiver? Then go back to Russia?

[kitkat1]

That was my assumption above -- "My best guess is that you will have to start by filing the I-130 and when it comes time for your interview, you will have to return to Russia". Because if they went straight to trying to adjust status in the US with an AOS interview, she could be immediately deported.

[Pinkpig]

That was my assumption above -- "My best guess is that you will have to start by filing the I-130 and when it comes time for your interview, you will have to return to Russia". Because if they went straight to trying to adjust status in the US with an AOS interview, she could be immediately deported.

I agree with Kitkat1. She will have to start the process with the I-130 petition and then do consular processing in Russia where she will file the waiver. She can stay in the US until her consular interview date but she is out of status during that time.

Ineligibility for a Green Card through Adjustment of Status process

An individual will not be able to obtain a green card through the Adjustment of Status process (i.e., without having to leave the US and process the case at a consulate abroad) if s/he:

entered the U.S. without permission; or
entered lawfully but then overstayed the allowed time granted and is now out of valid immigration status; or
worked in the U.S. illegally (without permission from CIS), unless the person is an immediate relative of a U.S. citizen; or
is a "Transit without a Visa" holder or a holder of a Visa Waiver (WT or VT) unless an immediate relative of a U.S. citizen; or
entered the US on a K-1 fiance visa but then seeks to apply for adjustment of status on a different basis than the marriage; or
an immigrant visa number is not immediately available (applicant must have a current priority date or be an immediate relative of a U.S. citizen.
The above are the most common reasons why a person may not be eligible to apply for adjustment of status.

[Ginger]

Good day Marina,

People, what have happened to a forum? All info was lots….. Oh my…. Hi everyone again :thumbup:.

Now back to business.

I did come to K-1 but married a different person. In this our situations are similar. We do not have kids as well and our wavier was approved. I guess that should tell you that there is the light at the end of the tunnel:D.

As for the waiver, we submitted in Poland, they have send it to Vienna, there is was dusting in the shelf for 10 moths and then transferred to the Frankfurt, Germany where we got our approval. WE did not have to go the Motion to Reconsider since our waiver was approved from the first shot ( yea, having about 2-3 inches of supporting documents I guess helped ):bounce::bounce::

If you applied for the 485, most likely you would have an interview in the US. I would give about 95% chances that you would be denied ( 5% that INS would make a mistake and you would get your greencard here).
Then they would forward your papers to the National Visa Center. You would get a package from them and start process for the immigrant visa. It would take about 4 month ( may be it is a little more or less now).
Then they would forward your papers to the Russia, Moscow. All this time you can stay in the US ( if you would not be deported- chances of that slim but as they say never say never).
Anyway, when you would be called to the Interview, then you have to leave the US and go to the Moscow. From the day you leave the US 10 years ban begins.

At the Interview you would be denied visa to enter to the US and you would have chance to submit the waiver. Again, I would say 99% that you would be denied only because I myself know the case of girl in the exact situation getting visa in the Moscow’s embassy ( she should have been denied). So, you never know what mistake INS can make. Anyway, you can submit the waiver there. Now is the good part - Moscow actually adjudicates waiver so you would not loose any time like the most of us who’s waiver was traveling from country to country . As far as I was told, they are located on the second floor of the embassy. I know 2 people who got approved in Moscow. One waited 14 months, another 9 month. So pretty much you have you waiting timeframe.
After the decision was made, you will get a letter in the mail stating the decision (hopefully an approval) then would have to go to the embassy again and have an interview again.

When we were going through the waiver I did great deal of research and meet with lots of people ( on the web) who were going through the similar situations. It is durable. It is all depends on how much you willing to work. Remember, any lawyer would not do all work for you. You have to be the one who would think of the hardship, do the research, collect evidences.

Oh, one more thing- do not count on the upcoming amnesty. They have a claw that would not cover people in your situation ( sorry).

Good luck.

[Ginger]

Misty B, what's up girl? How is life?

Pinkpig, were you guys able to get waiver approved?

Did anyone hared anything from the Spouse?

Sorry for the oftop, I am feeling like I missed you all guys so MUCH!!!!!!!!!

:thumbup:

[Ginger]

Do you think then I'll have an interview they 'll tell me where should I file or submite my waiver (601) here or in russia?

Before September 11 you would have been able to choose the country where you want to have an interview and later of submit the waiver. After the September 11 you have only one choice- you home country. So, if you have passport of Russia, Moscow is where you will be going and where you would have to submit the waiver.

[Pinkpig]

Hey Ginger,

Thanks for asking...

Yes, our daughter in law returned home with our son on March 11, 2007. 3 years almost to the day that she left the US. I am enjoying having her here so much that it is almost criminal. I told my son that if he decides to divorce her that I will keep her around anyway. It is so new for me to have another female in the family after living with men for 30 years.

Anyway, we are happy as hogs in slop.

It is good to see you here. How are you and yours?

[Marina Street]

Hello everybody thank you Ginger so mcu for the info you gave me. Ok, so I didn't file Adjustment of Status, and thank you for clerafying for me what I'll have my interview in Moscow. Me and my husband don't have kids yet , so it makes paperwork not to complicated. My husband and me kind of had an idea what I'll have to leave, I am just hopping that our waiver won't be denied, even if I think we have a very strong case, the embassy thinks different and anything could happened. We just pray .......

[MistyB]

Misty B, what's up girl? How is life?


Sweetie, glad to see you're back!!! :) Life for me, is hard. Taking Prozac deciding on whether or not to stop taking it (long story there) and I am getting divorced. I found out my husband is having an affair. So there you go!

Back to the OP's questions......

[Marina Street]

Here I got a new question and very confused, I contacted attorney and she told me since me and my husband married we can't file I 129f , however every one on this site tells me to do it and many people have done it together with I 130, so now I have paper I 129 ready and don't know what to do ? Send it in or not? Anyone pls and if someone have done it?

[kitkat1]

The attorney doesn't know what she is talking about. In order to file for a K3 non-immigrant visa, you must first file the I-130 and then file the I-129F.

Follow the guides here: http://www.familybasedimmigration.com/forum/K3forms.php

[Pinkpig]

Kitkat1 is right...

Many, many of us have filed the I-129f after filing the I-130. The reason being it gets through the process quicker and then you likely get to the interview quicker and then you file the waiver quicker and then your loved one gets home quicker.

[Ginger]

Why would you want to file for the K-3 visa and then go through all Immigration circus again when you would be back to the US if you can file an immigrant visa and get a grencard when you enter back the US???
Saves you money, aggravation, trips to the INS.

[Ginger]

Misty, I am so sorry. wherever happens-happens to a reason. WE are having a difficult times and well ( leaving with the older brother-in-law in the same household does not hels a relationships). I am trying to separate us from my husband’s family ( in a good way) so it is painful now
You might want to chance Prozac to the St.Jones Worth ( I hope that pronounced it correct). This is herb but it considered as a natural antidepressant. You can buy it in any stores.

Coming back to the hubby topic- have you thought about stopping immigration papers for him? You know, he did very bad and you guys like what. 1 year back to the US? How your kind dealing with that?

[Marina Street]

This is what I thougth, we did sent the i 129 but my husband forgot to sign it so it came backe and now he thinks what since attorney told us so we don't need to re file it. I will show him what you guys wrote me and will try to explane it. By the way I did call Heather L Pool and she is the one who told me I don't need I 129 form.

[kitkat1]

Why would you want to file for the K-3 visa and then go through all Immigration circus again when you would be back to the US if you can file an immigrant visa and get a grencard when you enter back the US???
Saves you money, aggravation, trips to the INS.

In places like Ciudad Juarez, the difference in visa interview dates for K3 vs CR1 can be one year. (K3s take 4-6 months; CR/IRIs take 12-14 months).
So if the spouse is already out of the country, the K3 makes the most sense, even with the need to file for further AOS in the US.

[Pinkpig]

For sure you do not need the I-129f filed after you file the I-130.

Each case is different and cases cannot be compared. That is the number one thing that everyone has to understand. Even though we all share our experiences, each case is different and even tiny differences can have huge impacts. Everyone needs to understand what their options are and their personal situation can cause them to make decisions different from what others make. That does not mean that one decision is right and one is wrong. It just means that they are different. Each case is different.

At different times in this process one or the other petitions has been getting approved quicker than the other. We have seen that go back and forth for different reasons and different hold-ups. We started this process 3 years ago and things change in immigration sometimes dramatically overnight. One case I am thinking of had the I-129f approved fairly quickly but the I-130 petition took more than 1 year to get approved. By having both petitions filed you make the odds greater for getting your loved one home sooner, depending on your particular case.

In Brazil for instance where you usually have to have two separate interviews before you are able to file the waiver petition it still makes sense to file both. When getting the spouse home is the most important thing. When the spouse being able to work is not the most important thing. When it is costing a small fortune to travel to Brazil to visit your spouse each time and you have to be away from your business and so disruptive to your family to do this. When your spouse is in an intolerable situation in their home country...the most important thing is to get them home to the US asap where they are safe.

Depending on your circumstances there may be reasons why you want to get your loved one home as quickly as is humanly possible. In that situation you will pursue every option to get them home the quickest even if it only means by 3 weeks or what ever in the end. The cost is the cost of the petition. It is a risk reward decision that everyone needs to make for themselves.

What many on this site have done in the past is to file the I-129f to get the case to the consulate to get a quicker appointment date to file the waiver sooner. Many have been able to then get the Immigrant visa after they have been approved becasue the I-130 petition has had time to work its way through the system while the waiver was being processed.

Things and timing change in immigration all the time. You have to make decisions based on what is known at the time you file.

FWIW...IMHO...everyone has to understand their case to make decisions about that life that will impact them probably forever.:innocent:

I know for a fact that if you hire Heather to help you with your case that she will give you all of your options as honestly as she can based upon what you honestly tell her. I would trust her with my life. She is a wonderful lawyer and a wonderful person as well.:thumbup:

Everyone on here except for Laurel Scott as far as I know are volunteers and we give our opinions freely and openly and honestly.

In the end everyone has to make decisions about their life.:)

[Pinkpig]

In places like Ciudad Juarez, the difference in visa interview dates for K3 vs CR1 can be one year. (K3s take 4-6 months; CR/IRIs take 12-14 months).
So if the spouse is already out of the country, the K3 makes the most sense, even with the need to file for further AOS in the US.


Hey Kitkat1,

Thanks for being so calm and explaining that so perfectly. :cool: I think I need another welbutrin this morning. :bounce:

[kitkat1]

Hey PP -- Time to clean up your PMs!!!
Pinkpig has exceeded their stored private messages quota and can not accept further messages until they clear some space.

[Ginger]

PinkPig, if PMS is in town, I can recommend a great thing to come it down. It called premsyn pms ( take maximum strength one). trust me, come as a baby.
http://www.walgreens.com/store/productlist.jsp?CATID=100076&selectedBrand=4474

Enjoy :)

[Ginger]

Marina, coming back to your situation (sorry for so many off tops:shy:), you might want to check with the National Visa Center as well as US Embassy in Moscow on the timeframe. If Immigration visa is the same or similar timeframe as K-3 it might make sense to do CR visa instead. As my understanding you are with you hubby in the US now so you can wait 1-2 month longer for the papers to be prepared.
Kitkat had a valid point:thumbup: that when people are separated it does not matter what visa as long as it is a fastest one.

As for the hardship- post here what you got and let’s see what is possible to do with it.

We do not have kids either. My hubby is a part-owner of the house thought but I do not know how much did it add to our hardship. My hubby’s parent’s died 10 years ago so we did not have strong relatives hardship either.

Oh, one more thing, I got your private message only today so I am sorry that I did not reply earlier on it. I think that there is some kind of a glitch in the system since it took more then 1 week for me to receive a notification regarding private message. Sorry for that.

I would say make your hubby member of this forum ( when we were going through the immigration process, mine use to be a participant here). Sometimes men need to see to believe.:blush:

[Marina Street]

ok, so we'll try a health issues but we haven't got a medical records yet, family unity, since all of his family in here and he also takes some care of his grandmother, he can't speak russian so won't be able to get a job and insurance. He is also Native American( hate crime), emotional....I mean how many pages should it be and what kind of supporting documents we need? Does article of internet " Hate crime in russia" is good enoth?

[kitkat1]

ok, so we'll try a health issues but we haven't got a medical records yet, family unity, since all of his family in here and he also takes some care of his grandmother, he can't speak russian so won't be able to get a job and insurance. He is also Native American( hate crime), emotional....I mean how many pages should it be and what kind of supporting documents we need? Does article of internet " Hate crime in russia" is good enoth?

Marina, I would start by reading attorney Laurel Scott's 601 memo http://www.visacentral.net/I601Memo.pdf. You will need to prove each and every hardship claim that you make. The more evidence and documentation, the beter.

For health issues, you'll want medical records, a letter (or 2 or 3) from his doctor or doctor's detailing your diagnosis, prognosis, medication, treatment plan, etc. If you can get something from his doctor that clearly states that your health need would be better served in the US where there are standards of medical care, that would be very helpful. You can also talk about his medical insurance in the US (which he wouldn't have if he no longer has a job in the US or is living in the US) and statistical information about the state of health care in Russia vs. the US, especially for his medical condition(s).

You need to provide information on the unemployment rate in Russia, his field and why he couldn't work there in addition to the language barriers. You can also include financial issues, and detail what he would be walking away from if he is no longer working in the US i.e. future social security benefits, 401K or retirement savings, etc.

If you want to prove information about safety and hate crimes, I would suggest more than just one article from the internet -- try searching the www.travel.state.gov site for travel warnings for Americans in Russia.

Also read through the approved hardship letters here on I2us to give you an idea of the way people have laid out their letters and attached their evidence. Hope this helps.

Good luck.

[Pinkpig]

Hey PP -- Time to clean up your PMs!!!
Pinkpig has exceeded their stored private messages quota and can not accept further messages until they clear some space.


Sorry I have been out all day and just got the message that I have too many PM's What can I say I guess I am very popular today. ;) PM inbox is empty and waiting for input...:D

[Marina Street]

Thank you so much everyone for all the info and support, I have just spoke to an attorney why willing to help for 8000 we just don't have that money and I fell what with all your help we could do it ourselfs, I am spending so mcu time on internet serching for any information and bad stuff about russia, so we could have strong case (it gives me hight marres), thank you very much. I have read many 601 cases in here so we'll try very hurd.

[kitkat1]

Start with this:

http://www.travel.state.gov/travel/cis_pa_tw/cis/cis_1006.html

Consular Information Sheet -- Russian Federation


SAFETY AND SECURITY: Due to continued civil and political unrest throughout much of the Caucasus region, the Department of State continues to warn U.S. citizens against travel to Chechnya and all areas that border it: North Ossetia, Ingushetia, Dagestan, Stavropol, Karachayevo-Cherkessiya and Kabardino-Balkariya. The U.S. government’s ability to assist Americans who travel to the northern Caucasus is extremely limited. Throughout the region, local criminal gangs have kidnapped foreigners, including Americans, for ransom. U.S. citizens have disappeared in Chechnya and remain missing. Close contacts with the local population do not guarantee safety. There have been several kidnappings of foreigners and Russians working for non-governmental organizations in the region. Due to the ongoing security concerns, U.S. Government travel to the area is very limited. American citizens residing in these areas should depart immediately as the safety of Americans and other foreigners cannot be effectively guaranteed.

Acts of terrorism, including bombings and hostage taking, have occurred in Russia over the last several years. Bombings have occurred at Russian government buildings, hotels, tourist sites, markets, entertainment venues, schools, residential complexes, and on public transportation including the subway and scheduled commercial air flights. Hostage taking incidents have included a raid on a school that resulted in horrific losses of life of children, teachers, and parents.

There is no current indication that American institutions or citizens are targets but there is a general risk of American citizens being victims of indiscriminate terrorist attacks. American citizens in Russia should be aware of their personal surroundings and follow good security practices. Americans are urged to remain vigilant and exercise good judgment and discretion when using any form of public transportation. When traveling, Americans may wish to provide a friend, family member, or coworker a copy of their itinerary. Americans should avoid large crowds and public gatherings that lack enhanced security measures. Travelers should also exercise a high degree of caution and remain alert when patronizing restaurants, casinos, nightclubs, bars, theaters, etc., especially during peak hours of business.

CRIME: Reports of unprovoked, violent harassment against racial and ethnic minorities are increasing, including well-publicized cases in which members of minorities have been beaten and in several instances, even murdered Travelers are urged to exercise caution in areas frequented by “skinhead” groups and wherever large crowds have gathered. Americans most at risk are those of African, South Asian, or East Asian descent, or those, who because of their complexion, are perceived to be from the Caucasus region or the Middle East. These Americans are also at risk for harassment by police authorities.

Visitors to Russia need to be alert to their surroundings. In large cities, they need to take the same precautions against assault, robbery, or pickpockets that they would take in any large U.S. city:

Keep billfolds in inner front pockets,
Carry purses tucked securely under arms,
Wear the shoulder strap of cameras or bags across their chests,
Walk away from the curb and carry purses away from the street.
The most vulnerable areas include underground walkways and the subway, overnight trains, train stations, airports, markets, tourist attractions, and restaurants.

Groups of children and adolescents have been increasingly aggressive in some cities, swarming victims, or assaulting and knocking them down. They frequently target persons who are perceived as vulnerable, especially elderly tourists or persons traveling alone. Some victims report that the attackers use knives. Persons carrying valuables in backpacks, in back pockets of pants and in coat pockets are especially vulnerable to pickpockets.

Foreigners who have been drinking alcohol are especially vulnerable to assault and robbery in or around nightclubs or bars, or on their way home. Some travelers have been drugged at bars, while others have taken strangers back to their lodgings, where they were drugged, robbed and/or assaulted.

In many cases involving stolen credit cards, thieves use them immediately. Victims of credit card or ATM card theft should report the theft to the credit card company or bank without delay.

Travelers are advised to be vigilant in bus and train stations and on public transport. Always watch for pickpockets in these areas. Bogus trolley inspectors, who aim to extort a bribe from individuals while checking for trolley tickets are also a threat. Travelers have generally found it safer to travel in groups organized by reputable tour agencies. Robberies may occur in taxis shared with strangers. Travelers should be aware that there are few registered taxi services in Russia and should be aware of the safety risks inherent in flagging down informal or “gypsy” cabs.

A common street scam in Russia is the “turkey drop”, in which an individual “accidentally” drops the money on the ground in front of the mark, while a confederate either waits for the money to be picked up, or picks up the money himself and offers to split it with the pedestrian. The individual who dropped the currency returns, aggressively accusing both of stealing the money. This confrontation generally results in the mark’s money being stolen. Avoidance is the best defense. Do not get trapped into picking up the money, and walk quickly away from the scene.

To avoid highway crime, travelers should try not to drive at night, especially when alone, or sleep in vehicles along the road. Travelers should not, under any circumstances, pick up hitchhikers: they not only pose a threat to physical safety, but also put the driver in danger of being arrested for unwittingly transporting narcotics.

Extortion and corruption are common in the business environment. Threats of violence and acts of violence are commonly resorted to in business disputes. Organized criminal groups and sometimes local police target foreign businesses in many cities and have been known to demand protection money. Many Western firms hire security services that have improved their overall security, although this is no guarantee. Small businesses are particularly vulnerable. U.S. citizens are encouraged to report all extortion attempts to the Russian authorities and to inform consular officials at the U.S. Embassy or nearest Consulate General.

Travelers should be aware that certain activities that would be normal business activities in the United States and other countries are either illegal under the Russian legal code or are considered suspect by the FSB (Federal Security Service). Americans should be particularly aware of potential risks involved in any commercial activity with the Russian military-industrial complex, including research institutes, design bureaus, and production facilities or other high technology, government-related institutions. Any misunderstanding or dispute in such transactions can attract the involvement of the security services and lead to investigation or prosecution for espionage. Rules governing the treatment of information remain poorly defined.

It is not uncommon for foreigners in general to become victims of harassment, mistreatment and extortion by law enforcement and other officials. Police do not need to show probable cause in order to stop, question or detain individuals. If stopped, travelers should try to obtain, if safe to do so, the officer’s name, badge number, and patrol car number, and note where it happened, as this information assists local officials in identifying the perpetrators. Authorities are concerned about these incidents and have cooperated in investigating such cases. Travelers should report crimes to the U.S. Embassy or the nearest U.S. Consulate.

[Ginger]

PinkPig, what can I say, I have a LOOOOOOOOONG :bounce:way to go with learning language. Sorry:shy:.

Marina, you might want to research deeper because with so many offshore companies being in Russia, Ukraine and India now it might be not as difficult to your hubby to find a job in Russia (sorry for the news). It all depends on what is his occupation but he still speaks English so that might be enough.

As for not hiring an attorney, well girl I would speak from me experience: money is not everything. We were in depths up to no good but still have decided to go with the lawyer. No matter what you are the one who have to do a leg work, you have to do all research but lawyer would put everything together, puff it and buff it with the legal terms,….. I can say that I am glad that we did hire our last lawyer (even thought that person made so many mistakes that it freaked me out. For example it was 15 mistakes just in one form and some of them would have murdered me if I would not catch them: like I have entered in 2000 instead of 2001 and so on). But buffing and putting facts together was done nicely.
It took us my full year of pay to finally pay immigration debts but my husband and I are not regretting it- we are together now and that is what the most important.

Our waiver was more then 2 inches and after being apart we add more papers to it anyway (more supporting documents).
Again, it is your life and this is probably the hardest battle that you would have to face.

[Marina Street]

I am not saying that we don't want to have an attorney we just want to see if we could find a less expencive, like Laurel Scott maybe or someone here in Philadelphia, as for my husband's work in Russia, Moscow has some jobs for english speaking but I am not from Moscow and it is impossible move there, for my husband he is an arcitect and softwear desiner so I think what he needs to know russian in order to operate , however we are trying to get as much as we can ourselfs and when see if an attorney will put it together for us. I know we have a long way to go.

[kitkat1]

Marina, many many people do it without an attorney. Just take your time to do your research on every single item, and be sure to present a lot of official evidence. When you've written your letter, post it here for people to review!

[Ginger]

Marina, please do not get upset by my comments. I am just trying to think from the adjudicator point of view. If you would be ready to answer/reflect all that questions and your letter would have a proof/hardship for all that it would just make it stronger.

As for the jobs in the Russia, believe it or not, when I was waiting for the waiver, I was working in the offshore company and I was not leaving in the capital of the Ukraine. What I have learned is that lots of them trying to go to a smaller towns in order to get a cheaper labor. They did not care how good/ bad I knew Russian as long as I new English ( could be a good thing for you to consider to do while you will be in Russia).

Even thought lots of people recommending Laurel in this forum I would say that if you are the person who is constantly on top of things and checking everything- then you might want to hire her. I know how loved she is in this forum so I would not go into details:shy:.

[Marina Street]

Oh , I am not upset or nothing like that, I love when people tells the truth even not the nice one, that makes you more prepared. In our case any info will help:thumbup: I am kinda want to have a lawer because what will make me fell more secure and hoppeful. As everyone said better give it a professional, we'll try to see how much other would charge.

[Marina Street]

one more thing , russia does not exept duel sitezenship so in order for my husband to live there he has to give up his american or just stay no more that three month at the time. Ginger, you are from poland right? what were you doing in ukraine? I don't know if I would be able to find a job in russia fast since I have'n had an experience for more whan 4 years. I have a friend she is from Poland, she stayed here in US for three years and went back, she couldn't find a dissent job for a year? Thank god she had some savings:rolleyes: I think what it can take awile even for me russian find a job.

[Ginger]

Marina, I am from Ukraine. My papers went through Poland but all waiting was done in the Ukraine.
I was able to find a job in a month. I just realized that if I would not find one I would go insane of pain and worry. I got a job at the offshore American company in my town ( what an odds) but I did not tell them my situation ( that I kind of waited for the papers to be processed).
I think that it is possible to find a job the question is what you are willing to do. I was in the US for 4 years before I went to the Ukraine and I definitely had big cultural shock there. My advise: try to go in early spring because it would not be as depressing as going into the winter. Trust me. I love the snow and winter but seeing all dirt, grey-unhappy people in the late fall was very down lifting. Just my 5cents.

I have never heard that US citizen have to decline its citizenship in order to stay in the Russia. I thought that for the tourist visa is up to 3 month ( and then have to leave the country and come back) and for the work visa it is even longer. Again, I am not sure that this is the case for Russia.

[bamaa2000]

I came for k 1 fiancie visa and never married original petitioner. I came here legal but over saty since I had just only 90 days in my visa. I have never leave or being deported or arrested. So my background is pretty clean and me and my husband in the begining of the process make me leagal . On this site I found a lot of information that made us believe what we can do this but I have so many confusions and guestions for people who has done it.
1.My first question is if we were married in US will I have an interview in US or in Russai(my motherland)?
2. How hard to be approved for hardship for my husband if we don't have a kids or house? and where will I have to submit it in US or russia?
3. If I file a I 485 can I be put in the removal proccedure(deported)? Or should I just leave the country on my own will?
Thank you everyone for help!!! I could never go throu this myself.



Hi Marina ,
I am sorry about your situation.
I am here have exact same condition with you ,
I came to US by K1 visa in 15/06/05, and didnt marry the original petitioner because of he cheated on me. disappointed with him, thats why I couldnt marry with him. He agreed that, and he said he want to help me to get my green card by marrying with me. Soon I meet with my husband , who is my real dream of my life. I married with my husband when I still have a valid visa for 3 moths. Then hired a lawer , start the process.
Filed I-130.approved
my son , our prince Christian was born in 11/07/06
Then Interview I-485 adjustment of status. Denied in 02/08/06 in SF, CA
We forwarded our file to Seoul , and applied DS-230,
Appointment date on 05/06/07 ,
We fly to Seoul at 31/05/07. and interviewed . Denied!!
The officer was focusing on that, why I didnt marry with my first fiancee . And he was very focusing on how did I met with my husband. He was asking me back and forward, over and over in diffirent ways.
I realy wasnt think about that they would ask about my old relationship with the ex fiancee, because the I-130 is allready proofed that I and my husband's marriage is real, that is why they proof my I-130,I thought.
After all that, they asked my husband ,same questions.
Then they said denial , because of my overstay,
We filed I-601 documents directly , wich we allready prepared at home in US before come here.
The seoul DHS hadnt send it to Bangkok for 1 whole months, Evertime when I asked , they said we are going to send it by thist week...
Finally they sent it , and Bangkok DHS has my I-601 file on 05/07/07.
Now we could just wait .
.....

If you have any question that I can answer , I ll be happy to help you.

good luck Marina.

[Marina Street]

I see many people has a simular situation that , that could help, I am thinking of getting Heather's help and do you think that is ok for us live that far from each other? She is in Calif and we are in Delaware.

[kitkat1]

Marina, immigration law is federal so that is not a problem (unless you don't feel comfortable only dealing with an attorney over the phone or via email). Good luck.

[bamaa2000]

I am sorry , as my understanding , you and your spouse are living in diffirent place now? Or if I misunderstood?

If you say yes then , I would advice to you guys not do that anymore , Because the DHS, and embassy ll check all your evidance(even the pictures of you guys) , that you guys were together, for proof that you are in real marriage. Dont take any chance if possible. dont forget that , they are looking for mistakes.

[Marina Street]

I have another question? When it's time for intervew should my husban be there with me or it doesn't matter? Will his appearence make a difference? Me and my husband live together. Thank you for advice thoug

[Marina Street]

I’ve seen some people had a spouse with them on interview and some didn’t . I am not sure if my husband will be able to be there with me on interview . And the bottom line I’ll get denied the first time anyway right? If anyone had an experience or knows about? How long does it takes between I 130 being filed and date of interview? I understand what different country is different but still ? Ginger how long did it take you for a date of interview? How much time do they gives you to get ready for an interview(month or two)? I am just thinking if I’ll get invitation and I’ll still be here in US will I have enough time to fly back to Russia and get all paper ready(medical, police report, valid passport ) :o

[bamaa2000]

1. Your husband dont really have to be together at interview. It doesnt make any diffirenece I thought.
2. The US consulate will send you a letter or email package. In the letter they will ask your decired interview date for your CR visa. It will give you at least 4 week or more.

[Ginger]

Marina, my husband was with me in the Interview. It was his desire to support me at that difficult time:wub:. He flew to Poland again when it was time to have an interview after the wavier was approved.

I was told that it does not really make difference if your husband present or on not at the time of the interview. However, on the second Interview ( when the Waiver was approved) I do not think that I would got a visa the same day if I would have been by myself. We found out that Frankfurt ( where out waiver was approved) have applied a wrong law toward the waiver:wha: and US Embassy in Poland told us that we might wait a week or so till they figure it out:eek:. My husband caused lots of commotions including calling the senator straight from the Embassy, emailing whom he can with the plead of the help, insisting on talking to the counselor, explaining that we have tickets to go back to the US in 3 days and we are NEED visa now.
When we came back to the Embassy in 6 hours like we were told- they gave me a passport with the visa and told us that they do not recall so many people calling and emailing them regarding any other case before:gathering:. As I said, I do not think that it would have happened without my hubby’s presence there. I am not saying that it is typical but in out case there were lots of atypical so I guess by that time we used to it.

As for the question of how long does it take between invitation and visa. We had 2 invitations for the Interview. First one arrived on December 8 and stated that I have an interview on December 15. We called the Embassy and explained that before the holidays it is next to impossible to get a visa flying to Poland. Second time we called and made an appointment ourselves. I do not know what procedure in Moscow, but in Poland they can schedule an Interview only 4 weeks prior to the date, not longer.

I believe if you would go to the US Embassy in Moscow website, you should find there an info about what procedures to follow in regards of scheduling visa. You may ( or shell I say your husband) may email the embassy and try to find out. Why not email yourself? Because as of out experience, US embassy HAVE to reply to the US Citizen inquiry ( since you are not such, you might not get an answer).

Hope my answers helped

[Marina Street]

PinkPig how did you find out about Heather? One more is your case cost you the sum she told you in the begining or different things added to a price?

[Marina Street]

I submitted my 130 two month ago, and 129 one month so I am up in the air and thinking that I could get my interview any time( well not for another 4- 5month) ,so my concern should I try to prepare my 601 and HSL as soon as possible or I still have time? Thing is that all documents , supporting documents we need has to be taken by my husband and he works (of course) and has not much time to run around and gather. May be it is me driving myself crazy and him :shy:, trying to get everything as soon as possible. How does it takes for a lower write a HSL and 601? I am also afraid if I'll get date of interview I won't have enough time to get back to russia and get every thing ready for an interview. I have to get a new travel passport and police documents(even I have non felonies).

[Pinkpig]

PinkPig how did you find out about Heather? One more is your case cost you the sum she told you in the begining or different things added to a price?

Lots of research on the internet.

Los Angeles rising star immigration attorney.

She fit our needs to a tee.

We liked her human rights aspect.



She quoted us a price the first interview. We signed a contract with her that week and paid the entire fee upfront. In the contract she spelled out exactly what she would do and that we were responsible for copying and mailing costs. That was it.

I did have to get all of the documents that we used for our proof. She told me what to get and I got what she asked for.

She did everything else.

[Marina Street]

PinkPig , if you had to get a papers from work , family , church, did Heather told you how it should look? I guess we'll have to get lots of evidens and for example my husbands grandmother in the sertain condition needs his assistance, would that be a hand written letter from her or lawer will tells us what exactly it shuld look like? Do we have to get grandmother doctor write us a letter of her condition and go from there?

[Pinkpig]

PinkPig , if you had to get a papers from work , family , church, did Heather told you how it should look? I guess we'll have to get lots of evidens and for example my husbands grandmother in the sertain condition needs his assistance, would that be a hand written letter from her or lawer will tells us what exactly it shuld look like? Do we have to get grandmother doctor write us a letter of her condition and go from there?


Most of ours involved Dr records, hospital records, college transcripts, letters from friends and family, work related information etc.

She looks at the facts of your case and then determines what your hardships are and then she tells you what documents you need to get. She guides you through the process by telling you what she wants and then you have to get it.

[Marina Street]

Does any one know any other lawers beside Laurel and Heather? I came across what Laurel suggested someone, but I can find it.

[Ginger]

I can look in my files. We went to the lawyers in the NY city. They were expensive thought ( as I recall at least $8,000). They were specializing on cases where overstay, with the convictions and under the deportation. They did not have any previous cases from the post-Soviet countries but they did know what they were talking about.
We did not go with them ( way too much money for us).

[DiEHarD3431]

Andrea E. Newman, Attorney at Law

Her cell : (786) 290 06 04

She`s a Waiver-deportation specialist. Most importantly,she is the smartest, fastest and most professional immigration lawyer I ever seen (I used maybe 10 immigration lawyer on wairety issues) She`s in Miami and her prices very reasonable.

[Lulu]

Hi Marina Street, I'm so glad to see you here again, I thought we lost you!

For the record, regarding K1 beneficiaries marrying someone other than the petitioner: There is NO way to adjust status. You must leave the US and pursue consular processing. This is very clear on the I-485 form, which should not be filed.

There was someone who had a more complex situation, where she DID marry her K1 petitioner, but ended up divorcing and remarrying someone else before getting her green card. Apparently, the IJ in that case ruled that it was still a violation. From my understanding of the "rules", you must marry the petitioner AND file to adjust status as the spouse of the petitioner within the 90 days, and she had not gone through with the AOS. I believe that once you get the green card, then you're ok. I am not sure though if it is the approval of the AOS, or the completion of the 2-year conditional residency requirement that matters in these cases (I believe that it is simple AOS completion, but am not sure). Anyway, in case anyone needed clarification to that extent, there it is. I will try to "replace" the info that was lost in the original site whenever possible! :D

[kitkat1]

K1s are not required to complete AOS within 90 days -- only marry within 90 days. But of course the sooner you complete AOS, the better.

In this case, I believe they've already started the I-130 process because nothing from the K1 applies. The violation of the K1 will be the reason a waiver is necessary.

[Marina Street]

K1s are not required to complete AOS within 90 days -- only marry within 90 days. But of course the sooner you complete AOS, the better.

In this case, I believe they've already started the I-130 process because nothing from the K1 applies. The violation of the K1 will be the reason a waiver is necessary.

I got my Notice of action on 130 two month ago, and we trying to decide and find a lawer to help us with HSL since we'll have to take my 10 years bar somehow. I think we'll go with Laurel, so far she is the one who souns very good and knows what she needs to do.

[Marina Street]

I think that with K1(as original) is the worse visa, can't do anything but marrying petitioner. In my case my petitioner looked good while we were "daiting" he was in russia four times and was very nice but after I got here everything changed, then more I understud english when more I realized that he was not the person he was trying to be in the begining. I think if I married him he would made my life a living hell. And he knew what I was depending on him and my perers dependend on him so he was trying to manipulate me. After awile I just had to leave. Which was for the best because right after I met my future husband.:wink: