K-1 and K-3 Interview Requirements

31. May 2010 by admin.

The following are documentary requirements for a K-1 or K-3 visa:

(1) The applicant must undergo the standard immigrant visa (IV)medical examination by a panel physician;

(2) A national crime information center (NCIC) name check must be done by the national visa center (NVC) for each applicant;

(3) The applicant must present police certificates, if required; and

(4) The applicant must present proof of relationship to the petitioner at the time of the interview.

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer’s satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act, cannot be required.

Applicants may submit a letter from the petitioner’s employer or evidence that they will be self-supporting.The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

If you are interested in bringing your foreign fiance(e) or spouse over to the U.S., but are concerned about the interview requirements, contact our law office at 626-771-1078 to speak with an immigration or visit us at www.myfianceevisa.com

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K-4 Child Eligibility Requirements

31. May 2010 by admin.

To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse.

While the U.S. citizen must also file an I-130 petition for the spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the spouse’s children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification.

The K-4 child will not be able to file for adjustment of status in the U.S. until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number.

Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

 If you have a foreign spouse who has a child dependent, and you wish to bring both to the U.S., contact our law office at 626-771-1078 to speak with an immigration attorney. Or visit us at www.myfianceevisa.com

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How does the Dept. of State Process K-3 Petitions?

31. May 2010 by admin.

Effective February 1^st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

If you would like to speak with immigration attorney about bringing you foreign spouse to the U.S., contact our law office at 626-771-1078 or visit our website at www.myfianceevisa.com for more information.

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When is a K-3 Spousal Visa Available?

31. May 2010 by admin.

A K-3 visa may be issued only when an immigrant visa is not immediately available to the alien spouse.

If the I-130 petition remains at or is in transit from NVC, the applicant may continue to process the K-3 rather than switch to immigrant visa processing.

If the I-130 petition is at post, or the applicant has already been interviewed and denied an immigrant visa by a consular officer, perhaps due to a lack of some documents, the applicant must proceed with immigrant visa processing and may not choose to apply instead for the K3.If you are interested in bringing your foreign spouse to the USA, contact our law office to speak with an attorney. Our phone number is 626-771-1078.

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Applying for a U.S. Passport

30. May 2010 by admin.

K-1 regulations generally require that U.S. citizen and foreign fiance(e) have met once within the two years leading up to the filing of the K-1 petition. While this requirement can be satisfied by the foreign fiance(e)s coming to the U.S. to visit the U.S. citizen, it is often easier for the U.S. citizen to travel out of the U.S., particularly if the foreign fiance(e) lives in a country where U.S. consular officers are loathe to grant temporary travel visas.

For a U.S. citizen without a U.S. passport, an application must be made in person under the following circumstances:

• You are applying for your first U.S. passport or
• You are under age 16 or
• Your previous U.S. passport was issued when you were under age 16 or
• Your previous U.S. passport was lost, stolen, or damaged or
• Your previous U.S. passport was issued more than 15 years ago or
• Your name has changed since your U.S. passport was issued and you are unable to legally document your name change

At the personal appearance, the applicant must also provide the following:

1. Completed form DS-11: Application for a U.S. passport
2. Proof of U.S. citizenship
3. Present ID which can be in the form of a naturalization certificate, driver’s license, or current government ID.
4. Include a copy of the ID presented in point #3.
5. Pay the current passport fee which can be found here: http://travel.state.gov/passport/fees/fees_837.html
6. Provide two passport-style photos. These can be taken at any one-hour photo or Costco.

If you need assistance applying for a U.S. passport or would like help bringing your foreign fiance(e) or spouse to the U.S., please call our law firm at 626-771-1078 or visit us at www.myfianceevisa.com

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The New DS-160 form

24. May 2010 by admin.

The new DS-160, Nonimmigrant Visa Electronic Application, is a fully integrated online application form that will be used to collect the necessary application information from persons seeking a nonimmigrant visa.

The DS-160 will be submitted electronically to the Department of State via the Internet. Consular Officers will use the information entered on the DS-160 to process the visa application and, combined with a personal interview, will determine an applicant’s eligibility for a nonimmigrant visa. The form will also allow electronic upload of the passport-style photos that are required for the production of the visa stamp.

The DS-160 has exciting potential to streamline the nonimmigrant visa application process resulting in faster processing times. The DS-160 eliminates several old forms which will simplify the process and make it easier for foreign applicants to understand.

Alas, at present, the DS-160 form is not available for the K-1 and K-2 fiance and child dependent applicants. Therefore, K-1 and K-2 applicants will still need to obtain a list of required documents from the US embassy or consulate general.

If you have a spouse or foreign fiancee seeking to enter the US, contact my law firm at 626-771-1078 or visit us at www.myfianceevisa.com  

 

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Increase in K-1 Fiancee Visa Processing Fee Effective 6/4/10

23. May 2010 by admin.

The Department of State is adjusting the fee for K-category fiance(e) visas from $131 to $350 specifically because adjudicating a K visa requires a review of extensive documentation and a more in-depth interview of the applicant than other categories MRVs. 

A K visa requires pre-processing of the case at the National Visa Center, where the petition is received from the Department of Homeland Security (DHS), packaged, and assigned to the appropriate embassy or consulate. K visa processing also requires intake and review of materials not required by some other categories of nonimmigrant visas, such as the I-134 affidavit of support and the DS-2054 medical examination report. See 75 FR 14111, 14113. The higher incidence of fraud in K visa applications also requires, in many cases, a more extensive fraud investigation than is necessary for some other types of visa.

This interim final rule becomes effective June 4, 2010.

If you need assistance bringing your foreign fiance(e) or spouse to the U.S., contact our law firm at 626-771-1078 or visit us at www.myfianceevisa.com

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Features of the New Green Card

17. May 2010 by admin.

The USCIS began issuing new green cards on May 11, 2010. The new green card is designed to combat fraud and counterfeiting. Below are some of the new features embedded in this card.  

Redesign results from extensive collaboration with the Department of Homeland Security (DHS) Screening Coordination Office, the Immigration and Customs Enforcement (ICE) Forensic Document Laboratory, and U.S. Customs and Border Protection (CBP).

Special ink creates color shifts in visual designs (e.g., eagle’s head).

Fine-lined artwork and complex architecture incorporate patterns that are nearly impossible to reproduce.

Card materials resist tampering.  Attempted tampering becomes immediately visible to the naked eye.

Standard card design and personalized features are integrated to deter fraud attempts, e.g., alteration of the photograph.

Greater detail in photograph makes for easier identification of the bearer.

Ultra-violet technology and tactile clues allow accurate card authentication at border crossings.

Radio Frequency Identification (RFID) allows inspectors to read unique, 192-bit serial number (192-bits) from a distance and link the information to the personal data on file.

Personalized return address on back of card doubles as security feature and as customer-service enhancement to facilitate easy return of lost cards to USCIS.

In keeping with its nickname, redesigned Permanent Resident Card is now green.

If you or your loved one needs assistance obtaining a green card, contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

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USCIS Issues Newly Designed Green Card

17. May 2010 by admin.

U.S. Citizenship and Immigration Services (USCIS) announced 5/11/10 that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning today, USCIS will issue all Green Cards in the new, more secure format.

The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.

For more information or a free consultation on how to obtain a green card for your foreign spouse or fiance(e), contact us at 626-771-1078 or visit us at www.myfianceevisa.com.

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