Fiancée visas for Russian brides or grooms

Are you marrying a Russian citizen? This is information you need to know! And by the way, this information also applies to Belarusian and Ukrainian brides. The only difference is the location of the immigration interview.

Special note

Note: Your Russian bride or groom will have to travel to Moscow for an interview at the U.S. embassy (Ukrainian brides must travel to Kyiv and Belarusian brides must travel to Minsk). Also, please see below for information on the International Marriage Broker Regulation Act.

These visas are for U.S. citizens who want to marry Russians and have their wedding in the U.S. They are called K-1 visas. If your fiancé(e) has children that will be coming with him/her, then you will apply for the children to have K-2 visas.

For a fiancée visa, you must show that:

• You are a U.S. citizen.
• You plan to marry within 90 days of your Russian fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry. This means that any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing for the visa.
• These visas are also available for same-sex couples.

After the Fiancé(e) Visa is Issued

The fiancé(e) visa allows your bride or groom to enter the United States for 90 days so that your marriage ceremony can take place. After you marry, your spouse must apply for permanent resident status.

Children of Fiancé(e)s

If your bride or groom has a child (under 21 and unmarried), you can request a K-2 visa for the child.

Permission to Work

Honestly, this procedure is a bit of a mess. Once your Russian fiancé(e) comes to the U.S., s/he can immediately apply for permission to work. The catch, though, is that it usually takes the immigration service about 90 days to actually send the card to your fiancé(e) and the card is only good for those 90 days anyway. So applying for permission to work is effectively pointless. Luckily, after you marry s/he can immediately apply for permanent residence.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) will have to leave the United States at the end of the 90 days if you do not marry. If s/he doesn’t leave, s/he could be deported.

Are you sure you want to do a fiancée visa? Consider marrying your bride or groom in Russia.

Permanent residence through a fiancée visa requires three separate processes: the initial petition, the consular process, and the residency application in the United States. In contrast, if you marry your fiancé(e) in Russia there are only two processes: the initial application and the consular process. If you choose the latter option, when your spouse enters the United States he or she will already be approved for permanent residence. For more information, see our page on marriage issues (link here).

International Marriage Broker issues

Did you meet your fiancée through the Internet, for example on a site such as http://www.elenasmodels.com/ or http://www.russiancupid.com ? Depending on the way the site is set up, it is possible that you may need to provide some additional and documents with your immigration application in order to comply with the International Marriage Broker Regulation Act. For example, you may have to get some documentation from the website operator and you may need to provide your criminal history to immigration authorities. This is a tricky area. Here is some additional information.

For more information on the law, see the State Department’s page

Visas for your Russian Mom, Dad, Sister, Brother…

If your relative is in Russia (or Ukraine or Belarus) and you want them to join you in the U.S., you will need to go through the family immigration process.

Who can immigrate on a family-based visa?

• Parents, spouses, and children (under 21) of U.S. Citizens.
• Unmarried adult children of U.S. Citizens
• Spouses and children (minors) of U.S. Permanent Residents
• Unmarried adult children of U.S. Permanent Residents
• Married adult children of U.S. Citizens
• Brothers and Sisters of U.S. Citizens

Russian parents, spouses, and minor children of citizens are considered to be immediate relatives. This means that there is no waiting list for these visas; as soon as the application is processed, your relative can be on their way!

Visas for all the other types of relatives, however, are distributed based on a wait-list. To see how long your relative will have to wait for a visa, check the State Department’s Visa Bulletin.

The process for bringing your Russian relative to the U.S. has two steps:

Step 1: Immigration petition

The first step in any immigration process is for the U.S. citizen or resident to file a petition on behalf of the Russian citizen. In other words, the US citizen asks the U.S. Government for permission for a loved one to come live in the United States. When the petition is approved, the approval is sent to the U.S. embassy (in Moscow, Kyiv, or Minsk) for further processing.

Step 2: Consular Processing

The U.S. embassy will then schedule the Russian citizen an interview date. On that date, the Russian citizen must go to the U.S. embassy in Moscow and be interviewed by a consular official (Ukrainian have their interviews in Kyiv and Belarusians have their interviews in Minsk). If the process is approved, then the Russian citizen is allowed to travel to the United States. Upon arrival, the Russian citizen is considered a U.S. Permanent resident and in a few weeks a green card will arrive for that person in the mail.

Where should I get married?

When choosing where to marry your Russian bride or groom (or Ukrainian or Belarusian), there are three variables at stake: money, timing, and hassle. Here are your options:

Marry in the U.S.

Fiancée visa:

Money:

• $340 for fiancée petition
• $265 for visa processing fee
• $1070 application for permanent residence

Time:
About three months for the fiancée petition, about two months for the consular process. Must marry within 90 days and apply for permanent residence. Applications for permanent residence can take between 3-9 months.

Hassle:
This is the maximum hassle because you have three different processes and 90 days is not long to get married. There’s even a television show about it! http://www.tlc.com/tv-shows/90-day-fiance/

Tourist visa

Money:

• $160 for tourist visa
• $1490 for family petition and application for permanent residence

Timing:
Tourist visa issued within two weeks; family petition and application for permanent residence can take between 3-9 months.

Hassle:
Only two processes, so minimal hassle and your fiancée will not necessarily have to travel to Moscow. However, your Russian bride cannot plan to enter the United States and stay permanently. This option is only available to brides who come to the U.S. only to visit you and then change their minds and decide to stay. Before she can get a tourist visa your Russian bride must prove that she will return to Russia.

Marry in Russia (or Ukraine, or Belarus)

Of course, if you marry in Ukraine, you have to compete with these folks: https://www.youtube.com/watch?v=Ka7p4L8YyFY

Family visa

Money:

• $420 for family petition
• $325 for visa processing fee
• $120 for affidavit of support

Timing:
Marriages can be performed within a week. About three months for the family petition, then about two months for the consular process.

Hassle:
Only two processes and no further process in the U.S. You Russian bride enters as a permanent resident. However, your Russian bride cannot enter the United States until this process is finished, which means that you can be separated for about five months.

This chart is just a summary. For more details about the paperwork, the following links can be helpful:

• USCIS
• Moscow Embassy
• Minsk Embassy
• Kyiv Embassy

Children—his, hers and theirs!

Whether your bride is Russian, Ukrainian, or Belarusian, this is information you need to know.

Fiancée visas

If your Russian bride or groom has children, they will be able to bring the children along with them on the fiancée visa; they just need to submit a separate application for each child (this is called the K-2 visa). Once in the U.S., as long as the couple gets married within 90 days, the children can apply for permanent residence at the same time the Russian wife or husband does.

Remember that Russian wives and husbands can apply for citizenship three years after receiving their green card. When the Russian spouse becomes a citizen, his or her children in the U.S. also become citizens as long as they are under 18 years old.

Children born on U.S. soil and abroad

When you and your Russian bride or groom decide to have a baby, if that child is born on U.S. soil the child is automatically a U.S. citizen. But even if the child isn’t born on U.S. soil that child is still a U.S. citizen. If your baby is born abroad there is some additional paperwork to complete, but, rest assured, your child will be a U.S. citizen.

In case of divorce

It’s very sad, but divorce does happen. And in that situation you want to know what will happen to your children. Is your Russian spouse legally able to unilaterally take your children to Russia? The answer is no. Divorce courts in the U.S. never allow one parent to take children out of the U.S. without the consent of the other parent (unless there are some really special circumstances that are far outside the norm).

If your Russian spouse illegally takes your child to Russia, there are still legal protections in your favor. Russia and the U.S. are both parties to the Hague Abduction Convention, an international law that covers child abductions. Russia and the U.S. are not yet treaty partners under the Convention, but still, Russian courts widely recognize the Convention as providing the framework for how abductions should be handled. The U.S. embassy and a Russia-based family attorney can help you get a Russian court order to have your children returned. The Russian Interior Ministry then enforces the order.

Adult children

Let’s say your Russian spouse has adult children. Are they also able to come to the U.S.? The answer is yes, but it may take some time. Adult children are not considered immediate relatives under U.S. immigration law. This means that they have to get in a very long line to get an immigrant visa.

What happens if we get divorced or separated?

It’s a question no one wants to think about. You’ve met the person of your dreams, you want to hurry up and get married and start your life together. But this is something you need to know about in advance because it is always better to be prepared.

Immigration consequences

If you have been married less than two years, then it is possible that the Russian spouse could lose his or her status. However, as long as the Russian citizen can prove that the marriage was real (not done solely for immigration purposes), then the Russian citizen will be allowed to remain in the United States, even if he or she divorces the U.S. citizen.  Click Here to read more from the USCIS

This is good news for most couples. Too often both spouses believe that they need to remain married in order for the Russian citizen to keep his or her immigration status. However, it is just not the case. As long as the couple’s marriage was entered into in good faith, an unsuccessful marriage is not a barrier to maintaining immigration status. In the case of an unsuccessful marriage your Russian spouse will need to consult two different lawyers: a divorce lawyer and an immigration lawyer. If you’re the U.S. citizen, you have no need to visit an immigration lawyer; your spouse’s immigration is not your problem.

In the unfortunate event of spousal abuse, an abused Russian citizen will be allowed to keep their permanent residence after documenting the abuse to the immigration service. Threatening to cause a spouse to lose their immigration status is considered abuse. When the U.S. citizen is the victim of abuse, the Russian citizen may be deported.  Click Here to read more.

Financial consequences:

Part of the immigration process requires the U.S. citizen to prove financial stability and to promise to support the Russian citizen for ten years or until they become a U.S. citizen. This promise does not go away during a divorce. In other words, the paperwork signed by the U.S. citizen obligates that citizen to support the Russian citizen even if they later get divorced. While this sounds crazy and unfair, this is the law. This is why we recommend that both spouses speak with financial professionals prior to marriage.

Read for More Information

What if something worse happens, like the U.S. spouse dies? In most cases, the Russian widow or widower is still allowed to keep their permanent resident status.

Immigration Options for Gay and Lesbian Russian Citizens

There are two main options for gay and lesbian Russians, Belarusians, and Ukrainians. The first is through marriage to a U.S. citizen. The second is by applying for asylum within the United States.  Our firm proudly serves the LGBT community and we have extensive experience with both marriage cases and with asylum claims.

Option 1:

Gay marriage is legal throughout the United States. Fiancé visas are now available to all same-sex couples.

Are you in a same-sex partnership with a Russian citizen? You can request a fiancé visa for them just like anyone else. This information also applies to Belarusian and Ukrainian citizens. The only difference is the location of the immigration interview.

Please Note: Your Russian bride or groom will have to travel to Moscow for an interview at the U.S. embassy (Ukrainian brides/grooms must travel to Kyiv and Belarusian brides/grooms must travel to Minsk). Also, please see below for information on the International Marriage Broker Regulation Act.

These visas are for U.S. citizens who want to marry Russians and have their wedding in the U.S. They are called K-1 visas. If your fiancé(e) has children that will be coming with him/her, then you will apply for the children to have K-2 visas.

For a fiancée visa, you must show that:

• You are a U.S. citizen.
• You plan to marry within 90 days of your Russian fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry. This means that any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing for the visa.

After the Fiancé(e) Visa is Issued

The fiancé(e) visa allows your bride or groom to enter the United States for 90 days so that your marriage ceremony can take place. After you marry, your spouse must apply for permanent resident status.

Children of Fiancé(e)s

If your bride or groom has a child (under 21 and unmarried), you can request a K-2 visa for the child.

Permission to Work

Honestly, this procedure is a bit of a mess. Once your Russian fiancé(e) comes to the U.S., s/he can immediately apply for permission to work. The catch, though, is that it usually takes the immigration service about 90 days to actually send the card to your fiancé(e) and the card is only good for those 90 days anyway. So applying for permission to work is effectively pointless. Luckily, after you marry s/he can immediately apply for permanent residence.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) will have to leave the United States at the end of the 90 days if you do not marry. If s/he doesn’t leave, s/he could be deported.

International Marriage Broker issues

Did you meet your fiancée through the Internet, for example on a site such as http://gaymarriageagency.com or http://onescene.com?

Depending on the way the site is set up, it is possible that you may need to provide some additional and documents with your immigration application in order to comply with the International Marriage Broker Regulation Act. For example, you may have to get some documentation from the website operator and you may need to provide your criminal history to immigration authorities. This is a tricky area. Here is some additional information.

For more information on the law, see the State Department’s page

Option 2:

Gay and Lesbian Russians with a well-founded fear of persecution may apply for asylum once they are inside the United States. Thus, the first step is to obtain another kind of visa, for example, a tourist visa. It is not possible to apply for asylum outside of the United States.

This is confusing to many people because the U.S. does admit refugees. However, people are classified as refugees only by the United Nations through special refugee programs. There is no United Nations refugee program for LGBT Russians, Belarusians, or Ukrainians. Therefore, the only option for claiming protection from persecution is to arrive in the United States and then make an application for asylum.