29. November 2010 by admin.

For many foreign fiance(e)s, permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

The foreign fiance(e)’s status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file a petition to remove the conditional status placed on your permanent resident status.

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if:

• You are still married to the same U.S. citizen or permanent resident after 2 years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days)

• You are a child and cannot be included in the application of your parents for a valid reason

• You are a widow or widower of a marriage that was entered into in good faith

• You entered into a marriage in good faith, but the marriage was ended through divorce or annulment

• You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse

• The termination of your conditional resident status would cause extreme hardship to you

The removal of conditional status can be a challenging application to submit. If you need assistance filing this type of application, visit us at www.myfianceevisa.com or speak with an immigration attorney at 626-771-1078.

Posted in Adjustment of Status | Print | No Comments »

29. November 2010 by admin.

U.S. Citizenship and Immigration Services (USCIS) is funded largely by application and petition fees. Waiving a fee transfers the cost of processing the application and petition for free to others through higher fees. However, the USCIS recognize that some individuals may not be able to pay the filing fee. Hence, the USCIS, in their discretion, will waive fees for certain applicants who effectively demonstrate their inability to pay the filing fees.

The review of any fee waiver request will follow a series of steps to determine whether the applicant’s income level or financial condition makes him or her eligible for the fee waiver.

Step 1. Are you receiving a means-tested benefit?  This step instructs an applicant about various acceptable means-tested benefits and the kinds of acceptable evidence used to document the receipt of a means-tested benefits. This step also outlines which family members will be considered as eligible for a fee waiver based upon the primary applicant’s receipt of a means-tested benefit. If you are receiving a means-tested benefit and you have provided sufficient evidence with your fee waiver request, your fee waiver will normally be approved and no further information is required.

Step 2. Is your household income at or below 150% of the Federal Poverty Guidelines at the time of filing? This step instructs an applicant about what is acceptable evidence in determining household income. It also specifies what family members should be included when determining household size. If you have provided sufficient evidence that your household income is at or below the 150 % threshold, your fee waiver will normally be approved.

Step 3. Do you have some financial hardship situation that you would want USCIS to consider when determining eligibility for a fee waiver? This step allows an applicant to list any special circumstances that USCIS should consider in addition to income such as extraordinary expenses and liabilities.

The fee waiver is only available for specific petitions. It is not available for the I-129f fiancee visa petition. However, it is available for subsequent applications that fiance(e) visa holders may submit once they are in the U.S. This includes the I-485 application to adjust their status from K-1 fiancee visa to that of a lawful permanent resident, the I-765 application for employment authorization, and the I-131 application for advance parole.

Should you need assistance with any of the above applications for your fiance(e) or foreign spouse, please visit our law firm’s website at www.myfianceevisa.com or speak with an attorney at 626-771-1078.

Posted in USCIS K-1 filing processes | Print | No Comments »

29. November 2010 by admin.

Please note that the USCIS filing fees for many petitions changed on November 23, 2010. For most petitions, the filing fees increased. Not unusual nor unexpected.

Fortunately, the filing fees for the I-129f, the petition used for the fiance(e) visa petition actually decreased by $115! The new fee is now $340 whereas the old fee was $455. Therefore, be sure to submit your petition with the proper filing fee. Personal checks and money orders are accepted made payable to the “Department of Homeland Security”. See the I-129f form instructions for further details.

Failure to do so will result in the petition being kicked back, rejected for the improper filing fee. This will happen a few weeks later thus delaying the reunion of you and your fiance(e).

 If you need assistance with your fiance(e) visa petition, please visit our website at www.myfianceevisa.com or call us at 626-771-1078 to speak with an immigration attorney.

Posted in USCIS K-1 filing processes | Print | No Comments »