Legal Question in Immigration Law in New York
k-1/k-2 visas
dear sirs,
i have been communicating with a woman from Dnepropetrovsk,Ukraine by telephone ,e-mails and letters for eight months she is divorced (as am i ) and she has sole custody of her 11 year old son.
i intend to visit her in May and take photos of us togeather to submit in applying for our k-1 visa,
sadly the process is confusing and i do not know where to begin.
i'm not wealthty but can easily support a family but spending thousands in legal costs so we can marry and adopt her son leagaly is above my means.
my questions are :
1)is there any copies of her documents i can return with to make this process easier for my attorney ?
2)how long would this process take as an average, to be issued our visa ?
3)if her english is poor will we have difficulty appying for our marriage license ?
i'am a natural citizen born in the united states and living in upstate new york.,..any help you can give will be greatly received.,..thank you
2 Answers from Attorneys
Re: k-1/k-2 visas
1. You can look up what supporting documents are needed for filing I-129F by going to the CIS website at www.uscis.gov. The docs of your fiancee would need to be translated into English and certified.
2. The processing time for I-129F to be filed by you as petitioner currently is over 6 months. You would need to contact the US Consulate in Kiev directly to find out their processing time, interview scheduling procedures, etc. for the consular processing of your fiancee's visa.
3. Your fiancee's level of English is not going to be relevant at the marriage license stage but may raise issues at later stages. Ukraine is generally viewed as a high-fraud country by the U.S. government and a higher rate of fiancee visa applications is rejected at the Kiev Consulate than in certain other locations.
Work with your immigration attorney from the outset as there may be options other than a K-1 visa available for your fiancee.
The above reply is in the nature of general information, is not legal advice and should not be relied on as such.
Re: k-1/k-2 visas
The process may go faster and easier if she comes to US by herself as a tourist or student, there are schools that provide student visas for studying English. Once she comes to US, you can marry her here and then bring her son over. I have some clients that have done it this way and it worked out for them. You may be able to do it by yourself, hiring an attorney will cost you thousands of dollars. I can suggest finding forums on the internet that discuss the same issues from men who have married and brought over brides from Russia and Ukraine. If you need legal help, you can contact my firm, we speak Russian.