8. November 2010 by admin.

Domestic violence is a pattern of behavior when one intimate partner or spouse threatens or abuses the other partner. Domestic violence may include physical harm, forced sexual relations, psychological and emotional abuse, tactics of isolation (such as controlling who you talk to or where you go) or intimidation, economic abuse (such as withholding support) and/or immigration related abuse or threats (such as refusing to file applications to give you legal immigration status, or threatening to call immigration authorities to get you removed from the United States if you report abuse).

Domestic violence often increases victims’ dependence on abusers, making it difficult for victims to leave. While most recorded incidents of domestic violence involve men abusing women or children, men can also be victims of domestic violence. Domestic violence may include sexual assault, child abuse, and other violent crimes. Sexual assault is any type of sexual activity that you do not agree to, even with your spouse, and can be committed by anyone. It includes unwanted touching of your intimate parts as well as rape or attempted rape. Child abuse includes: physical abuse (any injury that does not happen by accident, including excessive punishment), physical neglect (failure to provide food, shelter, medical care or supervision), sexual abuse, and emotional abuse (threats, withholding love, support or guidance).

Under all circumstances, domestic violence, sexual assault, and child abuse are illegal in the United States. All people in the United States (regardless of race, color, religion, sex, age, ethnicity, national origin, or immigration status) are guaranteed protection from abuse under the law. Any victim of domestic violence – regardless of immigration or citizenship status – can seek help. An immigrant victim of domestic violence may also be eligible for immigration related protections.

If you are the victim of domestic abuse, contact your local law enforcement or a shelter for more information regarding your options.

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27. September 2010 by admin.

The USCIS recently announced their intention to increase fees by approximately 10%. A major reason for this is the increased cost of processing petitions. This increase is difficult for many applicants given that typical application filing fees are already few hundred dollars. To make matters worse, the USCIS significantly raised filing fees only a few years ago.

Fortunately, this will not affect K-1 fiancee filing fees. Fiance(e) visa petitions are filed on the I-129f, and the final rule affecting the filing fees does not increase the fee for the I-129f. In fact, it actually decreases the filing fee for the I-129f. Currently, the filing fee for the I-129f is $455. The  new filing fee will be $340. This new fee will be effective starting 11/23/2010.

If you’d like assistance filing for your fiancee or spousal visa, speak with an attorney at 626-771-1078

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

27. September 2010 by admin.

Hi Folks,

If you wish to post a comment, please be patient with me. I have been getting many spam requests and may have inadvertently deleted some valid comments along with the numerous bad ones. So if you wanted to post, I’ll do my best to get to your request in a timely manner.

In the meantime, I will also be trying to update this blog more often. I apologize for the hiatus, things have been busy. Nonetheless, the DHS and DOS don’t rest when it comes to issuing regulations and so I will get back on the ball. Thanks for hanging in there.

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14. June 2010 by admin.

The NVC fraud unit is the central point for K-1 and K-3 petition revocations being returned to the U.S. from overseas posts. The unit has the ability to track petitions and provide continuity during to the process.

The NVC fraud unit prescreens K petitions prior to the file being sent overseas for the interview. The information contained in the file supplements the documentation and saves consular officers time as they prepare for the interview.

The NVC fraud unit also assists posts in other ways such as validation studies, process queries in DHS systems, communicating about fraud schemes, etc.

If you would like to speak to an attorney about bringing your foreign spouse or fiancee to the US., please call 626-771-1078 or visit us at www.myfianceevisa.com.

Posted in NVC processing | Print | 2 Comments »

7. June 2010 by admin.

There are several possible discrepancies between the facts stated on the petition and the actual circumstances of the K-1 beneficiary which might lead the consular officer to question whether the relationship is bona fide or which might cause the petitioner to choose not to go forward with the marriage.  These include the following:

• having one or more children not named in the petition,
• a prior undisclosed marriage (even if it has been annulled or ended by divorce or death),
• in the case of a fiancée, a current pregnancy.

Discovery of a ground of ineligibility of the K-1 applicant raises another issue of the petitioners awareness of all of the factors associated with the fiancé(e). 

Consular officers should use their discretion in determining whether to return the K-1 petition to the DHS in such cases. They should, however, first solicit from the petitioner information as to whether he or she was aware of the particular circumstance(s) and whether, in light thereof, he or she still wishes to proceed with the proposed marriage.  If satisfied in this regard, consular officers need not return the petition. 

Consular officers should return the K-1 petition to DHS for reconsideration if not satisfied with the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage.  If you need assistance obtaining a K-1 fiancee or K-3 spousal visa, please contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

Posted in a fiance visa: interview tips | Print | 2 Comments »

7. June 2010 by admin.

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7. June 2010 by admin.

K-1 fiance(e) visas are technically nonimmigrant visas. They allow the fiance(e) to enter the U.S. for a period of 90 days. The fiance(e) is admitted to enter for purposes of marrying the U.S. citizen.  

In light of this, one would expect that the foreign fiance(e) would be processed at a nonimmigrant post at the U.S. embassy or consulate general overseas. However, the Foreign Affairs Manual clearly states K-1 and K-2 visas must be processed and issued only at immigrant visa (IV) issuing posts.  

Furthermore, if a nonimmigrant visa (NIV) issuing post receives a K-1 visa petition, it should forward the petition to the IV issuing post which covers the consular district, unless the post has been specifically authorized to process K visas.  Similarly, applicants for K-3 spousal visas should also be processed at IV posts, as K-1s are. However, in some cases K-3 spousal visas may have to be processed at a consular post that normally issues only NIV, because there is no IV post in the country.  The statute requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued a visa by a consular officer in the foreign state in which the marriage was concluded. However, if no visa-issuing post is located in that country, the K-3 applicant should apply at the consular post designated to handle “homeless” IV cases for that country.  In sum, it is important to know which post will be processing your K-1 or K-3 visa. Because IV posts are responsible for processing these cases, the nearest visa-issuing office may not necessarily be the office your fiance(e) will be required to visit to obtain the K-1 or K-3 visa stamp.  

If you need assistance obtaining a K-1 fiancee or K-3 spousal visa, please contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

Posted in K-3 and K-4 info, a fiance visa: interview tips | Print | No Comments »

31. May 2010 by admin.

Posted in K-3 and K-4 info, a fiance visa: interview tips | Print | No Comments »

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

Posted in K-3 and K-4 info | Print | No Comments »

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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