Legally free to marry?

[OHRoadwarrior]

For better or worse...

She sounds like a real... um ...keeper.

 

[stealth2]

Her ardor cooled when he was trying to pick up other girls, trying to make her have 3somes with him and another girl, and when she found out he lied to her about his financial situation, which she found out after he came back to the US, went to jail, she didn't hear from him for over a month, and finds out he's basically a hobo. I think most girls, Russian or not, wouldn't want to stick around.

I came here for advice, not for bashing and assuming that I am the typical American guy that is grabbing a mail-order bride.
We met at church, she was wanting to stay in Russia and help her sister with her kids and keep her photography job.

Dude - how do you know this? From her?

Trust me - I am of Russian heritage myself. You are asking for trouble here.

 

[ecmst12]

How would he do that?

Everything I know about immigration I learned from Proserpina. So I have no idea. But there is such a thing as a fiancee visa, right?

 

[OHRoadwarrior]

Everything I know about immigration I learned from Proserpina. So I have no idea. But there is such a thing as a fiancee visa, right?

Not for married people.

 

[mistoffolees]

Not for married people.

And there's the problem.

OK, just on the off chance that OP is for real and not being duped, the following may be helpful:

If they want to get married, the marriage must be ended by divorce or annulment. I have no ideas whether it could be annulled in Russia, but probably not here. That leaves divorce. Again, I don't know what is involved in getting a divorce in Russia. To get one here, she'd need to come to the U.S. for long enough to establish residency in that state. At that time, she can begin the process of filing for divorce. If she can't locate her husband, she'll have to file for divorce by publication - which will be fairly time consuming.

So, if she wants to divorce here, she needs a visa to enable her to stay for a significant amount of time. If you sponsor her, you're on the hook for supporting her indefinitely.

If it were me, I'd encourage her to get her divorce in Russia and tell her you'll be happy to talk about the future then. But make sure you actually see the documents. And I agree that it would be worthwhile for you to talk to her husband.

 

[ecmst12]

She wouldn't necessarily need to be here. She needs to hire a lawyer and file where HE lives (husband). Not that hard, unless she doesn't even know what state he's in. In which case more investigation would be needed to find out.

 

[OHRoadwarrior]

She wouldn't necessarily need to be here. She needs to hire a lawyer and file where HE lives (husband). Not that hard, unless she doesn't even know what state he's in. In which case more investigation would be needed to find out.

But it is so hard for her to manage that. She will need OP to arrange everything and pay for it. She will reimburse him when she can come to the US legally.

 

[Proserpina]

But it is so hard for her to manage that. She will need OP to arrange everything and pay for it. She will reimburse him when she can come to the US legally.

Mmmhmmm!

I'm sorry, I know I'm somewhat jaded. But yeah - I smell a huge big rat here.

Y'all are correct about the K visa, too - not available to currently married folk.

She may be able to obtain a B visa, if she can prove enough ties to her home country and show that she has enough funds to support herself while she's here. That would generally give her between 6 months and a year here.

She can also adjust her status relatively easily on a B visa if she did manage to divorce Guy A and marry Guy B in that period.

It is CRITICAL, in my opinion, that potential sponsors fully understand what they're getting into when they sign that I-864 Affidavit Of Support.

It is an enforceable contract between the sponsor and the US government (with the immigrant being a third party beneficiary). The sponsor could feasibly be liable for support to the tune of 125% of the Federal Poverty Level for the rest of their lives.

Divorce does not negate the obligation.