15. January 2010 by admin.

The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

Current K-1 processing times at the USCIS service centers can be viewed by visiting www.uscis.gov.   Wait times for a nonimmigrant visa to be processed does not include time required for administrative processing. Most administrative processing is resolved within 60 days of application. Applicants are advised as to how long it is estimated to take when they apply.  

When administrative processing is required, the timing will vary based on individual circumstances of each case. Therefore, before making inquiries about status of administrative processing, applicants will need to wait at least 60 days from the date of interview or submission of supplemental documents, whichever is later.

If you are interested in applying for a K-1 fiancee visa or a K-3 spousal visa for your fiancee or spouse, please contact an experienced immigration attorney at www.myfianceevisa.com or 626-771-1078.

Posted in fiancee visa general info | Print | No Comments »

15. December 2009 by admin.

On December 14, 2009, the Department of State published a proposed rule in theFederal Register to increase the nonimmigrant visa application processing fees, alsocalled the Machine-Readable Visa (MRV) fee. The proposed rule also establishes a tiered structure with separate fees for different visa categories. 

The Department is proposing the increase to ensure sufficient resources to cover theincreasing cost of processing nonimmigrant visas (NIVs).  

The new tiered fee structure was created to cover the higher unit costs for processingcertain categories of nonimmigrant visas that are more complicated and require morein-depth consideration than most other categories of nonimmigrant visas

If you are interested in applying for a fiancee or spousal visa for your foreign fiancee or spouse, please contact our law firm at 626-771-1078 or visit us at www.myfianceevisa.com

Posted in fiancee visa general info | Print | No Comments »

10. November 2009 by admin.

When a K-1 fiancee visa petition is submitted to the USCIS, it’s hard to know what happens next. The months of hard work include communicating with your fiance(e) about K-1 requirements, gathering documents, and making sure everything is properly completed. The process culminates in submitting the petition to the USCIS. One hopes that, by then, everything is in order.  

So what happens next? Does the petition just fall into a big black hole? It may seem like that. Hopefully this article will shed some light.

When the USCIS adjudicator receives the petition, the following review takes place.

The USCIS adjudicator must carefully examine the application form and all supporting documents. The examination should address (but not be limited to) the following questions:

·     Is the form(s) complete and signed? All fields on a forms should be completed. Fields that do not apply should be marked as “not applicable” or “None”

·     Is the applicant or petitioner represented by counsel?

·     Are there any responses which require further explanation or indicate there may be a need for additional documentation? If so, then the supporting documentation must be available for review or else the petitioner is likely to receive a Request for Evidence.

·     Are all necessary supporting documents present and translated, if necessary?

·     Is the beneficiary statutorily eligible for the benefit sought? This requires examining the relevant immigration code to determine if the beneficiary is eligible for the immigration benefit.

·     Are all supporting documents authentic and unaltered? Recent submissions of fraudulent birth certificates and passports is making this inquiry especially important.

·     Is there any reason to suspect fraud?  Is there anything in the beneficiary’s  or petitioner’s past that would lead an adjudicator to suspect that fraud is taking place?

·     Are there any legal precedent decisions or court orders relevant to the case? 

·     Are there any ancillary applications which should be filed by the applicant (e.g. a waiver application, adjustment application, advance parole request, or employment authorization request)?

The above are basic procedural and substantive questions adjudicators ask as they review each K-1 petition. Applicants who keep these questions in mind and prepare their applications to address these issues stand a better chance of a successful outcome.

If you are interested in applying for a K-1 fiancee or K-3 spousal visa, please contact our immigration law firm at 626-771-1078 to speak with an immigration attorney. Visit us on the web at www.myfianceevisa.com

Posted in fiancee visa general info | Print | No Comments »

10. October 2009 by admin.

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Sometimes the relationship doesn’ t work out or the foreign fiance(e) doesn’t adjust well to American culture and wishes to return to his/her home country. In this situation, the foreign fiancé(e) should leave the United States at the end of the 90 days if the two of you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

Moreover, U.S. immigration regulations will not allow him or her to marry another U.S. citizen and then apply for a green card. This is designed to deter folks from abusing the K-1 fiance(e) visa.

If you are in a relationship with a person who entered the U.S. on a fiance(e), but you are not the original sponsor, contact our law office at (626) 77-1078.  We’d be happy to discuss with you the different options that may be available to your fiance(e). The possible options available will depend on how long your fiancee has been in the U.S. and whether he/she has been out of status. Call us or visit our website at www.myfianceevisa.com

Posted in fiancee visa general info | Print | No Comments »

22. July 2009 by admin.

Visit www.myfianceevisa.com for assistance with your K-1 fiance visa application.

Posted in fiancee visa general info | Print | No Comments »

16. July 2009 by admin.

As of July 15, 2009, the Vermont Service Center is processing K-1 fiancee visa applications received on 12/30/2008. The California Service Center is taking about five months from the date the K-1 application is logged into their system.

For more information about K-1 fiance visas, visit www.myfianceevisa.com

Posted in fiancee visa general info | Print | No Comments »

9. July 2009 by admin.

The U.S. Embassy in Beijing issued this press release for U.S. citizens:

This Warden Message is to inform Americans of reports of unrest in Urumqi, the capital city of Xinjiang Uighur Autonomous Region, and to advise Americans to carefully consider their travel plans to this area.

The Embassy has received first-hand reports from American citizens in Urumqi about violent clashes and heavy police presence throughout the city.  U.S. and official Chinese media are also reporting incidents of violence.

While there are no indications that this violence is directed at U.S. citizens, the Embassy advises Americans in Xinjiang and especially in Urumqi to avoid areas where demonstrations and large gatherings are taking place.  U.S. citizens in Urumqi should remain indoors and avoid unnecessary movement within the city. 

Americans with travel plans to Xinjiang are advised to defer travel at this time. 
For the latest security information, Americans living and traveling abroad should regularly monitor the Department’s Bureau of Consular Affairs Internet web site at http://travel.state.gov, where the current Worldwide Caution, Travel Alerts, and Travel Warnings can be found.  Up-to-date information on security can also be obtained by calling 1-888-407-4747 toll free in the U.S. or Canada, or, for callers outside the U.S. and Canada, a regular toll line at 1-317-472-2328.  These numbers are available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). 

The U.S. Embassy can be reached 24 hours per day at 86-10-8531-3000. The addresses and telephone contact information for the American Citizen Services offices at the U.S. Embassy and U.S. Consulates are at the bottom of this announcement. 

U.S. citizens residing or traveling in China are reminded to register with the U.S. Embassy or closest U.S. Consulate by entering your travel itinerary and contact information at:  https://travelregistration.state.gov/ibrs. In case of difficulties registering online, please contact the closest U.S. Embassy or Consulate.

For information on how our law firm can help you and your Chinese fiance(e), visit us at www.chinesefiancee.com or call 626-771-1078

Posted in fiancee visa general info | Print | No Comments »

5. July 2009 by admin.

We often get questions regarding which visa to apply for. Is it better to bring a fiancee over on the K-1 fiancee visa or marry him/her abroad and apply for a K-3 spousal visa. The chart below provides some helpful information which should help you determine which option is better for you and your spouse.

For a personalized review of your available visa options, please call our law firm at 626-771-1078 or visit us at www.myfianceevisa.com

Posted in marriage visa, fiancee visa general info | Print | No Comments »

3. July 2009 by admin.

We often get this question about whether a U.S. citizen should file for a fiancee visa or get married and file for an immigrant visa or K-3 spousal visa for his/her loved one.  Here are some thoughts to consider:

1. The K-1 fiancee visa typically is faster than obtaining an immigrant visa. However, compared to the K-3 spousal visa, we are seeing the gap closing in the disparity of processing times.

2. The K-3 may take longer because of the additional set of paperwork that needs to be submitted to the USCIS. That is, first the I-130 needs to be filed; then, after the receipt notice is issued, the I-129f may be filed for the K-3.

3. For some couples, the foreign fiance(e) must have the wedding ceremony overseas in front of family and friends. In that case, the K-1 fiancee visa may not even be an option.

4. Once a couple is married, emotionally it is often harder on the couple given that they are now husband and wife.

5. Getting married, and then applying for your spouse’s visa often results in an easier interview at the consulate. At this point, the bona fide nature of the relationship is less of an issue. For K-1 fiancee interviews, this is often a huge issue that results in frequent denials, particularly in countries where fiance visa fraud is a problem.

Attorney Huang of www.myfianceevisa.com has been practicing K-1 fiance visa law since 1997. He also has solid experience with K-3 spousal visas and immigrant visa application. For a consultation with him, please call us at 626-771-1078.

Posted in fiancee visa general info | Print | No Comments »

2. July 2009 by admin.

To prepare a fiance visa application, the following forms are included in a fiancee visa application package.

• I-129f: click here to download the form
• G-325A biographical information form for both US citizen and foreign fiance(e). Click here to download the form.

If you need assistance preparing your fiancee’s application, go to www.myfianceevisa.com

Posted in fiancee visa general info | Print | No Comments »