30. June 2009 by admin.

The K-1 status indicates your fiancee is a fiancée of a U.S. citizen. As such, the foreign fiancee may be eligible for a Social Security number and for employment. To apply for a Social Security number:
•     Complete an Application For A Social Security Card (Form SS-5); and
•     Show documents proving the following: Immigration status; Work eligibility;  Age; and Identity.

•     Take your application and original documents to your local Social Security office. If you live in the New York City metropolitan area, Las Vegas, Nev., Orlando, Fla., Phoenix, Ariz., or Sacramento, Calif., you may need to apply in person at your local Social Security Card Center.

All documents must be either originals or copies certified by the issuing agency. 

www.myfianceevisa.com offers additional useful information relevant to fiancee visas.

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30. June 2009 by admin.

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. The American citizen petitioner, must make sure that s/he names the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later within one year from the date of issuance of the K-1 visa to his/her parent.  If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

Key points:

• The child must be unmarried.

• The stepparent/stepchild relationship must be created before the child reaches the age of 18.

For further information about child dependents of K-1 fiance(e) visa applicants, please visit www.myfianceevisa.com

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29. June 2009 by admin.

United States immigration law requires immigrant visa applicants to obtain certain vaccinations (listed below) prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are required to verify that immigrant visa applicants have met the vaccination requirements, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations:

– Acellular pertussis
– Hepatitis A
– Hepatitis B
– Human papillomavirus (HPV)
– Influenza
– Influenza type b (Hib)
– Measles
– Meningococcal
– Mumps
– Pneumococcal
– Pertussis
– Polio
– Rotovirus
– Tetanus and diphtheria toxoids
– Varicella
– Zoster

In order to assist the panel physican, and to avoid delays in the processing of an immigrant visa, all immigrant visa applicants should have their vaccination records available for the panel physician’s review at the time of the immigrant medical examination. Visa applicants should consult with their regular health care provider to obtain a copy of their immunization record, if one is available. If you do not have a vaccination record, the panel physician will work with you to determine which vaccinations you may need to meet the requirement. Certain waivers of the vaccination requirement are available upon the recommendation of the panel physician.

Only a physician can determine which of the listed vaccinations are medically appropriate for you, given your age, medical history and current medical condition.

For information on how medical exams and the immigrant visa process for fiancees and spouses of U.S. citizens, visit www.myfianceevisa.com

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28. June 2009 by admin.

Another politician’s marriage bites the dust.

Why is it that politicians seem to struggle so much with keeping faithful? It probably has something to do with the power, the title, or all the people they come in contact. In the course of life, inevitably we’re going to meet people we’re attracted to. So how can we remain committed to our marriage? Especially after years of marriage when the relationship has cooled and the newness gone? 

A simple tip: when you’re talking to someone you find yourself attracted to or who is attracted to you, talk about your spouse. Compliment him/her in the presence of this other person. It’ll help you remain focused on your spouse and remind you of the wonderful attributes your spouse possesses.  It’ll also remind the person you’re speaking with that you are married, and that should help keep the conversation platonic.

I am not a relationship expert or a marriage counselor. As a “Love Lawyer” specializing in visas and green cards for U.S./foreign couples since 1997, I’ve observed hundreds of different relationships and have developed some pointers which I hope my readers find useful. Your mileage may vary. For visa assistance, visit www.myfianceevisa.com

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27. June 2009 by admin.

When arriving at an airport, the airline will give all non-United States citizens a form to complete while still en route to the United States, either Form I-94 (white), Arrival/Departure Record, or Form I-94W (green), Nonimmigrant Visa Waiver Arrival/Departure Form and Customs Declaration form 6059B. The forms ask for basic identification information and the address where you will stay in the United States.

Upon arrival, the airline personnel will show you to the inspection area. You will queue up in an inspection line and then speak with a CBP officer. If you are not a U.S. citizen, you should use the lanes marked for non-citizens. You may be asked to proceed to a second screening point with your belongings for additional questioning by CBP Officers. You will then proceed to the Customs inspection area.

The CBP Officer must determine why you are coming to the United States, what documents you may require, if you have those documents, and how long you should be allowed to initially stay in the United States. These determinations usually take less than one minute to make. If you are allowed to proceed, the officer will stamp your passport and customs declaration form and issue a completed Form I-94 to you. A completed form I-94 will show what immigration classification you were given and how long you are allowed to stay.

If you are an alien, CBP Officers may decide that you should not be permitted to enter the United States. There are many reasons why this might happen. You will either be placed in detention, or temporarily held until return flight arrangements can be made. If you have a visa, it may be cancelled. In certain instances, Officer(s) may not be able to decide if you should be allowed into the United States. In this case, your inspection may be deferred (postponed), and you will be instructed to go to another office located near your intended destination in the United States for further processing.

For more information on entering the U.S. and visa and green card processing, visit www.myfianceevisa.com.

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26. June 2009 by admin.

What is the first step? 

The biographic data form DS-23O-I should be completed for each person applying for a visa, regardless of age. The form may be photocopied if insufficient copies are received for each family member. The DS-230-I should be completed and returned immediately to the Immigrant Visa Unit at 5 Upper Grosvenor Street, London, W1A 2JB, in order for the Embassy to begin the administrative processing of the application. Failure to return the DS-230-I promptly will delay the processing of the application. At the same time, please complete and return the form DS-156 and DS-156K and DS-157. Note: Please do not sign the the DS-156 or DS-156K. The forms must be signed before a consular officer on the day of the visa interview.

What is the second step?

Assemble all of the relevant documents required in support of your application and forward the document checklist, IV-15K, to the Immigrant Visa Unit. These documents must not be mailed to the Embassy. You will be required to furnish the original of all documents and one copy on the day of the formal visa interview and medical examination.

• Evidence of Support: An applicant for a K visa is not required to file an affidavit of support, form I-864 at the time he or she applies for a fiancé(e) visa. However, the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the U.S. Citizenship and Immigration at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

What happens next?

On receipt of the DS-230-I, the DS-156, DS-156K, DS-157 and IV-15K, the Immigrant Visa Unit will perform any additional processing which may be required and advise you concerning the scheduling of the medical interview and the appointment for the formal visa interview.

Note: The Immigrant Visa Unit must be in receipt of the approved petition from the National Visa Center before beginning the administrative processing of the application. While you are waiting for notification from the Immigrant Visa Unit that they are ready to begin processing your application, you may wish to begin assembling the documents you will be required to furnish on the day of your visa interview. This may expedite your application somewhat as certain documents may take a while to obtain.

If you’re planning on processing a K-1 fiancee visa or K-3 spousal visa at the U.S. embassy in London, visit our website at www.myfianceevisa.com for more information

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26. June 2009 by admin.

Anyone who enters into marriage thinking things are going to be Even, 50/50, we-both-give-and-take, may be in for a big surprise. A person with this type of thinking may actually compliment himself/herself for having such progressive thinking in our selfish world, but unfortunately, in the daily grind of relationships, it’s just not enough.

There will always be times when one person takes a significant amount more than he or she gives. Sickness, raising children, disability, a heavy work schedule are common scenarios where imbalance occurs. Initially, efforts are typically made by each individual. After time, however, one person really begins to feel like s/he’s pulling more weight than s/he should. If that resentment isn’t dealt with, it can endanger the relationship.

How do you deal with it?

1. Communication is obvious– expressing how you feel during this difficult time is important so that the care-receiver knows what the care-giver is going through.
2. Taking time out. Go out and blow off some steam. Hang out with friends. Engage in a hobby. Do something that you enjoy and will take your mind off the challenges at home.
3. Adjust your expectations. The marriage vows include being together in health and “in sickness”. We love to think about the good times, when we’re young, healthy, vibrant, and carefree. Our media focuses primarily on those times. Yet marriage is also about growing old together and with that comes more and more visits to the doctor, body aches and pain, and medication. The sooner we start accepting this as a part of a relationship, the easier it will be accept this reality. And hopefully, the less focus each person will have on just how much s/he is giving.

I believe that most couples truly want their relationships to work out, even relationships which seems challenging from the get-go such as US/foreign couple relationships. 

Yet, these types of relationships can survive and thrive. Keeping a focus on serving and loving the other spouse, instead of stewing over how much I am giving, is a great way to keep the relationship on solid ground.

As a fiancee/spousal visa attorney since 1997, I work with many US/foreign couples. These musings are simply my observations about marriage and relationships. I am not a relationship expert. Email me  or call me at 626-771-1078 if you need visa legal assistance.

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25. June 2009 by admin.

USCIS recently announced that applicants may experience up to an eight week delay in the delivery of their permanent resident card.  In the interim, USCIS Field Offices will be issuing temporary evidence of permanent residence in the form of an I-551 stamp to applicants approved for permanent residence at the time of their interview.  You will need to take your passport to your appointment.  The temporary proof of permanent resident status can be used as proof of work authorization for I-9 purposes.

If you have any questions, please contact our law firm at 626-771-1078 or visit us at www.myfianceevisa.com

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24. June 2009 by admin.

The following is a checklist of some documents that need to be included in a K-1 fiance(e) visa application:

Further information on the fiancee visa requirements can be found at www.myfianceevisa.com or www.chinesefiancee.com

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17. June 2009 by admin.

If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.  

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.  “Domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.  2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.  3. Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.  If you have committed any of these acts, it’s important to contact an experienced immigration attorney so we may determine how this would affect your application. Call us at 626-771-1078.

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