Need Help

[JimmyUSA]

I haven't posted in some time and wondered if any would remember me after these few months since I went back home.  Hello to all that do and a few words.

Last year (2001) I worked and lived in Ukrainee on the Chernobyl project.  I spent nearly fifteen months continuously living in amongst the local Ukrainian community in a small town north of Kiev.  I met a very nice Ukrainian lady and eventually married her here in Ukraine at ZAGS.  My contract ended Feb 2002 and it was necessary for me to go back to the US to continue my work.  I had to leave Elena behind which was very difficult.  I went back to the US and immediately starting processing for the K-3 visa.  As many of you have heard and are aware this K-3 Non-Immigrant Visa is supposed to be a way to bring spouses together that otherwise would be separated by long waits for Immigration to be processed through the INS commonly called the I-130, Alien Relative Petition.  Well, that has to be processed first and when you receive the receipt for the I-130 Petition showing the INS has received it then you need to file the I-129F just as you would for a K-1 visa except this will be for a K-3 since she is already married to you.  Then the waiting starts just as it would for the K-1 Visa process.  In fact they are very similiar to process.  Almost exactly the same except the K-3 allows for multi-entry for two years and can be extended past the two year limit provided the I-130 Petition has not been approved.

I have now been waiting almost 60 days since we received the receipt (first NOA-June 17) for the I-129F Petition for the K-3.  I have heard that it is taking longer now than when I decided to go the K-3 route.  I have heard some are waiting for some time for approval.

I recently returned to Ukraine and now am here waiting with Elena.  I had four weeks vacation and have now spent that now.  I plan to stay a little longer waiting here.  I can just hope that I will hear of the approval and then can make a determination to stay here until the visa is issued.  We will see.  I cannot recommend the K-3 process to anyone since it has been a slow process for me.  The I-130 Petition creates another hassle and added time.  If you marry in Ukraine I would suggest the Direct Consular Filing at the Kiev Embassy or the Warsaw Embassy.  But I don't know much about that process since I have not gone down that path.  You may email me with any questions that you may have concerning the K-3 process.

I need to ask a question of those that have gone through the K-1 or K-3 process.  I was informed by a Ukrainian (someone that seemed to be knowledgable) that Elena had to get some sort of exit visa or approval from the Ukrainian government to leave the country on her K-3 visa.  The reason given was to ensure my wife was not leaving any unpaid debts behind or any running from some authority.  Has anyone heard of that?  I have been reading this board for some time and have not run accross this with any posted messages.  If this is true could someone give me the information that I would need to have since I need to get started on this if this is true.  I am reluctant to take the word of anyone here that might have money motives in mind so please let me know if this is a valid concern for me.  I would appreciate any information that is valid from anyone.  We are not bringing any children with us so that would not be a concern to get approval from the father.

Well thanks for reading this and hopefully we will get the visa soon and I will accompany Elena home with me.  This has been a difficult process and I need all the encouragement I can get.  Best Regards to all of you and hopefully your process is going well and your wife or future wife will be joining you soon.  Hello to Dan, DR, and others that have helped me over the past year.  Dan, thanks for your help and encouragment.  David, thank you for all the emails and information for processing the K-3.

Best Regards,

Jimmy
Ukraine

[Dan]

... in response to Need Help, posted by JimmyUSA on Aug 12, 2002

Hi Jimmy:

Darn, I am sorry to hear about your long wait. That's got to be driving both of you guys 'batty'.

Well - the good news is that you don't need to worry about the exit visa until your wife gets her "Green Card" - and even then, it is arguable if it will really be a problem.

In the past, the Soviet government tightly controlled the movement of ALL people. They required all citizens to be registered with authorities - and this included their place of residence. This is still true today in the form of the "internal" passport - it shows the official residence of the holder.

BTW - this is NOT unlike your state-issued driver's license which says that, by law, you must change your official address within 30 days of moving to a new address. You see, the authorities ALL wish to keep tabs on us --smile--.

Anyway - when a Soviet citizen wished to take up residence in a foreign country, they required government approval to do so. It came in the form of a stamp in their passport which allowed them to exit the country bound for the new country of residence, hence the term "exit visa."

Now that the laws allow for tourist travel outside Ukraine, they can no longer issue a blanket denial for someone to travel. It is ONLY if/when they see something in the travel documents or records that tips them off (the "them" I refer to is Ukrainian authorities) that one of their citizens is either planning to reside, or already residing, in a foreign country. They can then look for the infamous "exit visa" and if one is not present in the passport, tehy can deny the person the ability to exit the country.

Acquisition of this "exit visa" takes some months and is yet another bureaucratic nightmare.

This whole issue is compounded by the advent of individual property ownership - which did not exist in Soviet times. Since the residence is registered in the passport (internal one) - and since there is a great deal of fear that the government can always take back what it gave - the natural fear is that if the authorities recognize you are residing somewhere other than the residence they gave you back in 1991 (or 1992) - they will take it away from you. This, of course, only applies to someone that owns property in Ukraine.

Well, I hope this helps. As I said, you do not need to be concerned until she begins to travel with her Green Card as evidence of her right to re-enter the US. This is the 'key' that tops off Ukrainian authorities that she is no longer a permanent resident of Ukraine.

- Dan

[greg2]

... in response to Need Help, posted by JimmyUSA on Aug 12, 2002

I was thinking about you just about two days ago and was going to post if anyone had heard from you. Welcome back.

First of all, I can not help you with your present situation - just wanted to say hello. I have enjoyed your past posts.

Good luck to you.

[John F]

... in response to Need Help, posted by JimmyUSA on Aug 12, 2002

Hi Jimmy!

The exit stamp may or may not be a problem.  The issue is that citizens of Ukraine are to get an exit stamp placed in their international passport when they decide to live in another country.  The problem is that when your wife gets her green card, the US INS will put a stamp in her Ukraine international passport that indicates she is a permanent resident of the US.  There is no problem when your wife wants to return to visit her family, the problem is that when she is ready to return home, she may be prevented from leaving if Ukraine passport control notices the Adjustment of Status stamp.  She could be arrested or merely made to process out and get the exit stamp.  This procedure could take up to three months.

My wife does not have the exit stamp.  She had no problems leaving Borispol earlier this year when she visited her parents.  They asked to see her green card in customs, at the Lot Polish ticket counter, and again at passport control upstairs.  They all wished her a nice flight.

[tim360z]

... in response to Need Help, posted by JimmyUSA on Aug 12, 2002

wish I had info for you but I don't.  I do remember you though and thanks for the info you gave me on-board and off-board.  Best of luck and hang in there,  Best wishes,  Tim

[tfcrew]

... in response to Need Help, posted by JimmyUSA on Aug 12, 2002

..ever since I have been w/the board I have seen no problems w/exiting Ukraine. Realize that the general Ukraine citizenry is not all that well informed. Hopefully Dan and others will come back with a bit more expertice than I can offer.
The K-1 has in the past been the faster visa process...things have changed though, due to recent events.
I have in the past read w/interest your messgs from Ukraine.
Jimmy...good luck and keep posting....
Karl