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Support for Visitor Visa for Fiance / Adjustment of Status if Married During Visit
I am planning to sponsor my Ukrainian fiance for a trip to visit me and my family during 2016 Thanksgiving and Christmas holidays. During this trip she will also have some dental work done by a close friend (implant).
We have had a documented relationship for nearly 1 year. We vacationed in Israel in April and I just returned from a visit with her in Kiev and Berdyansk.
We have not submitted application to petition for fiance visa yet because my divorce paperwork is not yet final (2 year ordeal). The divorce paperwork may be finalized and finished with court by mid-November.
She has no bank account... she is paid by cash from her employer where she has worked for nearly 4 years. Her employer does not register employees with government like many Ukrainian companies, so she has no record of paying taxes. We will request a signed letter from her employer showing hire date, authorized vacation during the trip, and validation of continued employment after her trip. The employer just announced that it the company will have legal status with the government in September. She has the option to be registered as a legal employee with the government, but approx. 40% taxes will be deducted from her salary.
She rents a room with her sister in a shared apartment and she has maintained this residence for nearly 4 years. Again, all rents and utilities are paid in cash. We are requesting a signed letter from the landlord showing rental start date, occupant names, and contractual agreement to continue renting this room.
She is co-owner with her father on a car worth about $5,000 USD. The car is located in Gorlovka, which is in the ATO (Donbass), but she is still a legally doumented owner of a fairly valuable asset in the Ukraine.
I am a finance executive and I will be sponsoring and paying for her travel costs, she will reside with either myself or my parents, and I will be paying for her dental expenses.
Chances are good that during her stay we may marry here in the USA, assuming divorce documents are finalized before the expiration of her stay. Then apply for AOS and other documentation and she will remain her in the USA as my wife. Plan B is that she returns to Kiev and we move forward with Fiance Visa when I am legally able to do so? Or perhaps she can return to USA in 4 months under visitor visa and we marry during her visit and do AOS?
Questions:
1. What is professional opinion about the quality of the supporting documentation for her employment, residence, and other ties to Ukraine (she has no family in USA other than me as her fiance)? Would this letter from her employer be sufficient, or would the CO view legal employment documentation more favorably? Should these documents be on company letterhead? Is there a way to certify them? She may have emails from the company accountant supporting her authorized monthly salary. Is the car documentation a good source of support?
2. Assuming she gets approved for visitor visa, and divorce is final and filed properly with court, is there any potential risk with marrying during her visit and applying for AOS? What other forms do we need to file when we do AOS? Will there be a potential issue classifying myself as her fiance (engaged April 2016) on the DS-160 while i am still legally not divorced in Texas? Will this subject come up during interview and what is recommendation for response?
3. If she is approved for visitor visa, but does not return on the date listed on the DS-160, but within the visa duration, will this be viewed negatively by CO?
4. Overall, what are our chances of getting her visitor visa? She has only traveled to Israel (no passport stamp, separate visa tickets only).
Thank you for any help! We need to tell her employer by September 1 is she wants to be listed as legal employee. If she does this and her visa does not get approved, she will be negatively impacted financially (even though I support her now).
We have had a documented relationship for nearly 1 year. We vacationed in Israel in April and I just returned from a visit with her in Kiev and Berdyansk.
We have not submitted application to petition for fiance visa yet because my divorce paperwork is not yet final (2 year ordeal). The divorce paperwork may be finalized and finished with court by mid-November.
She has no bank account... she is paid by cash from her employer where she has worked for nearly 4 years. Her employer does not register employees with government like many Ukrainian companies, so she has no record of paying taxes. We will request a signed letter from her employer showing hire date, authorized vacation during the trip, and validation of continued employment after her trip. The employer just announced that it the company will have legal status with the government in September. She has the option to be registered as a legal employee with the government, but approx. 40% taxes will be deducted from her salary.
She rents a room with her sister in a shared apartment and she has maintained this residence for nearly 4 years. Again, all rents and utilities are paid in cash. We are requesting a signed letter from the landlord showing rental start date, occupant names, and contractual agreement to continue renting this room.
She is co-owner with her father on a car worth about $5,000 USD. The car is located in Gorlovka, which is in the ATO (Donbass), but she is still a legally doumented owner of a fairly valuable asset in the Ukraine.
I am a finance executive and I will be sponsoring and paying for her travel costs, she will reside with either myself or my parents, and I will be paying for her dental expenses.
Chances are good that during her stay we may marry here in the USA, assuming divorce documents are finalized before the expiration of her stay. Then apply for AOS and other documentation and she will remain her in the USA as my wife. Plan B is that she returns to Kiev and we move forward with Fiance Visa when I am legally able to do so? Or perhaps she can return to USA in 4 months under visitor visa and we marry during her visit and do AOS?
Questions:
1. What is professional opinion about the quality of the supporting documentation for her employment, residence, and other ties to Ukraine (she has no family in USA other than me as her fiance)? Would this letter from her employer be sufficient, or would the CO view legal employment documentation more favorably? Should these documents be on company letterhead? Is there a way to certify them? She may have emails from the company accountant supporting her authorized monthly salary. Is the car documentation a good source of support?
2. Assuming she gets approved for visitor visa, and divorce is final and filed properly with court, is there any potential risk with marrying during her visit and applying for AOS? What other forms do we need to file when we do AOS? Will there be a potential issue classifying myself as her fiance (engaged April 2016) on the DS-160 while i am still legally not divorced in Texas? Will this subject come up during interview and what is recommendation for response?
3. If she is approved for visitor visa, but does not return on the date listed on the DS-160, but within the visa duration, will this be viewed negatively by CO?
4. Overall, what are our chances of getting her visitor visa? She has only traveled to Israel (no passport stamp, separate visa tickets only).
Thank you for any help! We need to tell her employer by September 1 is she wants to be listed as legal employee. If she does this and her visa does not get approved, she will be negatively impacted financially (even though I support her now).
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