9. February 2010 by admin.

Certain conditions and activities may make the applicant ineligible for a visa. Examples of these ineligibilities are:

• Drug trafficking
• Having HIV/AIDS
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the government
• Submitting fraudulent documents

The consular officer will inform you if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is.

To determine whether your foreign spouse is eligible for an immigrant visa, please speak with an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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9. February 2010 by admin.

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card).

To apply for either an IR visa or CR visa for your foreign spouse, please speak with an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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9. February 2010 by admin.

Aside from attorney fees, USCIS and DOS fees are charged for the following services:

• Filing an immigrant Petition for Alien Relative, form I-130
• Processing an immigrant visa application, for DS-230
• Reviewing an I-864, Affidavit of Support (for petitions filed in the United States)
• Medical examination (costs vary from place to place)
• Fingerprinting fees, if applicable
• Other costs may include translation and photocopying charges, fees for getting the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.) and travel expenses to go to the embassy or consulate for the interview. Costs vary from country to country and case to case.

If you need assistance filing to bring your foreign spouse over to the U.S., please speak with an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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9. February 2010 by admin.

An appointment package is sent to the agent or the applicant. (See note below.) The appointment package gives the applicant an interview date and tells you the specific requirements of the visa. It includes instructions on where to go to have the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

 In general, the following is required:

• Passport(s) valid for six months beyond the intended date of entry into the United States
• Birth certificate
• Divorce or death certificate of any previous spouse
• Marriage certificate
• Police certificate from all places lived since age 16
• Medical examination
• Evidence of financial support. A completed  Form I-864 Affidavit of Support from petitioner/ sponsor is required.
• Application for Immigrant Visa and Alien Registration, Form DS-230, both Part I and Part II
• Two immigrant visa photos
• Proof of the marriage and the husband/wife relationship
• Payment of immigrant processing fees, as explained below

An applicant may bring marriage photographs and other proof that the marriage is genuine. Documents in foreign languages should be translated. The consular officer may ask for more information. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the immigrant visa interview. Original documents can then be returned to you.

 Note: The National Visa Center sends appointment packages to the agent for applicants in certain countries when the petitions are filed in the United States. The embassy or consulate sends appointment packages to applicants in all other countries. It also sends appointment packages to all applicants whose petitions are already at the embassy or consulate.

If you need assistance bringing over your foreign spouse to the U.S., please speak with an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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9. February 2010 by admin.

After a Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) office in the United States approves the petition, it sends the petition to the National Visa Center (NVC). When an applicant’s priority meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

If you are working with an attorney, the NVC will take the following steps:

1. Assigns a case number to the petition.
2. Send the Affidavit of Support processing fee bill and the immigrant visa fee bill to the attorney.
3. After the Affidavit of Support processing fee is paid, the NVC will send the Affidavit of Support Process and the Applicant Document Process instructions to the attorney.
4. After the Affidavit of Support and Applicant documents are submitted to the NVC, the NVC will review the information submitted for technical correctness and completeness.
5. After reviewing the submitted documentation, and the file is complete with all the required documents, the NVC will send the petition to the embassy or consulate where the applicant will apply for a visa when the case file is complete. For certain embassies/consulates, the NVC will schedule the applicant’s interview. Approximately one month before the applicant’s scheduled interview appointment with a consular officer, all interested parties (applicant, petitioner, and attorney) will receive an appointment letter containing the date and time of the applicant’s visa interview along with instructions for obtaining a medical examination.

If you are interested in bringing over your wife or husband to the U.S. on an immigrant visa, please speak with an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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9. February 2010 by admin.

If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

• Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
• Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place.  After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:
  • Petition for Alien Relative, Form 1-130; and
  • Petition for Alien Fiancé (e), Form I-129F

 If you’d like assistance bringing over your foreign spouse to the U.S., please contact an immigration attorney at 626-771-1078  or visit our website at www.myfianceevisa.com

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