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I have question about the K 1 visa application and interview process,

Washington, DC |

My finance is a Russian woman born and raised in Moldova. She holds a Moldovan passport and her family has a home there. She has lived in Moscow for the last six years staying on a tourist visa and returning every 90 days to Moldova for a short visit before returning to Moscow. She then gets a new 90 day visa upon arrival in Moscow. She has worked in Moscow at the same job for five years, although she does not the have legal right to do so.

She has filled out her Form G 325a with her Russian address and employment. My question is what US Consulate, Moscow or Chisinau, would handle her interview and are there any other considerations that we should be aware of. Thank you for your time.

Attorney Answers 3


  1. Best answer

    It is obvious to me that your future spouse was using a tourist visa for living and working in Moscow, especially giving the fact that she worked in Moscow without authorization " She has lived in Moscow for the last six years staying on a tourist visa and returning every 90 days to Moldova for a short visit before returning to Moscow". You stated that yourself " she does not the have legal right to do so."
    For a Moldova citizen's visa processing logically should be done the US Consulate in Chisinau. I think your fiancée will have hard time explaining why she did not seek any legal right to work in Moscow without a legitimate "propiska (lawful residence permit passport stamp), required work authorization or registration as a Russian Permanent Resident and why she kept on travelling there as a tourist yet, living and working there permanently.
    In my opinion, these issues may be construed as not following the administrative law of Russia by a Moldova citizen in the eyes of the U.S. Consular Visa Section.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  2. Immigrant and fiancee visa interviews are handled at the country of residence. You are in a tough spot since she will not be able to show residence in Russia based on your facts. On the other hand, it is not necessarily relevant since NVC will ultimately decide which consulate should have jurisdiction over K1 visa application of a Moldovan national. Chances are you will have the processing done in Moldova although, if she wants to, she can ask the process to happen in Moscow.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. Chisinau

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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