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Obtaining B1 after K1 ended and relationship over

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  • Obtaining B1 after K1 ended and relationship over

    I am interested to here from the forum on how the US embassy in Russia would view a B1 applicant after recently being in the US on a K1 visa... btw, the K1 ended mainly due to the fact that the woman I sponsored worked while here for her Russian company and kept her apartment in Moscow... I did not realize until recently her actual intentions (which were to continue working for her Russian company and gathering US information - she is in the social media business)

    Is a B1 visa easy to obtain?

    Thanks in advance

    Sid

  • #2
    Her application will judged on its merits without prejudice to her failure to marry you.

    Consular officers are not going to impute bad faith to her actions: travelling to the US on a K1, not marrying her sponsor, and returning home within 90 days.

    They deal with K1 fraud all day. She had every opportunity to violate the laws of the United States and wander off, overstaying her visa. She had every opportunity to marry you, put up with you for 2 years, and then walk away with an unconditional green card. Instead, she did what she was supposed to do when the marriage doesn't happen: she left and went home.

    If anything, the consular officer will be impressed with her full compliance with the terms of her visa. Shocking, isn't it? The consular officers will judge her by how she treated United States laws, not by how she treated you.

    Sorry things didn't work out.

    That said, the approval rate for B visas are low in countries with a history of visa abusers.

    Comment


    • #3
      inadmissable

      Understood, but doesn't the fact that she worked here and kept her apartment violate the affidavit she signed intending to marry? She obviously did not have that intention by those actions... just a thought. Btw, she's a single girl, 27, not long at her job, no ties asset wise to Russia, just family... what are the chances of B1 admittance?

      Originally posted by inadmissible View Post
      Her application will judged on its merits without prejudice to her failure to marry you.

      Consular officers are not going to impute bad faith to her actions: travelling to the US on a K1, not marrying her sponsor, and returning home within 90 days.

      They deal with K1 fraud all day. She had every opportunity to violate the laws of the United States and wander off, overstaying her visa. She had every opportunity to marry you, put up with you for 2 years, and then walk away with an unconditional green card. Instead, she did what she was supposed to do when the marriage doesn't happen: she left and went home.

      If anything, the consular officer will be impressed with her full compliance with the terms of her visa. Shocking, isn't it? The consular officers will judge her by how she treated United States laws, not by how she treated you.

      Sorry things didn't work out.

      That said, the approval rate for B visas are low in countries with a history of visa abusers.

      Comment


      • #4
        Originally posted by sidc View Post
        Understood, but doesn't the fact that she worked here and kept her apartment violate the affidavit she signed intending to marry? She obviously did not have that intention by those actions... just a thought.
        Keeping her apartment is good risk management, and is common for folk who wish to return home often. That is not per se indicative that she did not intended to marry you. In your other post you said she attended conferences and kept in touch with her office in Russia. Again, not not a violation of her visa. It would be different if she started working for a US employer.

        Originally posted by sidc View Post
        she's a single girl, 27, not long at her job, no ties asset wise to Russia, just family... what are the chances of B1 admittance?
        Her chances are slim. But she might get credit for having complied with her prior K1. If I was a betting man, I'd guess she won't get the B-1 visa. Her odds would be better if she was passionate about doing work that she can only do in Russia.

        Comment


        • #5
          inadmissable

          Makes sense, but she was paid while here working, isn't that a violation? She needs a permit, etc, and i believe would need to pay taxes, even if paid trough a russian company

          Originally posted by inadmissible View Post
          Keeping her apartment is good risk management, and is common for folk who wish to return home often. That is not per se indicative that she did not intended to marry you. In your other post you said she attended conferences and kept in touch with her office in Russia. Again, not not a violation of her visa. It would be different if she started working for a US employer.

          Her chances are slim. But she might get credit for having complied with her prior K1. If I was a betting man, I'd guess she won't get the B-1 visa. Her odds would be better if she was passionate about doing work that she can only do in Russia.

          Comment

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