2. July 2009 by admin.

Review Form I-292 as well as the notice of denial that accompanied the adverse decision to determine whether or not you may appeal the denial of your petition or application. The decision will inform you of the proper jurisdiction and provide you with the correct form.

If you want to appeal the denial of a petition or application, the notice of appeal must be filed within 30 days of the date of the decision. If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision. If you wish to appeal the revocation of an approved petition, you must file the appeal within 15 days of the date of the decision, or within 18 days of the date of the decision if the decision is received by mail.

If the Administrative Appeals Office has jurisdiction over the decision, the notice of appeal must be filed on Form I-290B (Notice of Appeal to the Administrative Appeal Office). The appeal must be filed with the office that made the original decision. An explanation may be filed in support of your appeal. A fee is required and must be included.

 Appealing a fiancee visa denial can be difficult and complicated. If you need help appealing a denial for a fiance visa petition, contact us at www.myfianceevisa.com or www.myvisa.com for legal assistance.

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30. June 2009 by admin.

The K-1 status indicates your fiancee is a fiancée of a U.S. citizen. As such, the foreign fiancee may be eligible for a Social Security number and for employment. To apply for a Social Security number:
•     Complete an Application For A Social Security Card (Form SS-5); and
•     Show documents proving the following: Immigration status; Work eligibility;  Age; and Identity.

•     Take your application and original documents to your local Social Security office. If you live in the New York City metropolitan area, Las Vegas, Nev., Orlando, Fla., Phoenix, Ariz., or Sacramento, Calif., you may need to apply in person at your local Social Security Card Center.

All documents must be either originals or copies certified by the issuing agency. 

www.myfianceevisa.com offers additional useful information relevant to fiancee visas.

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30. June 2009 by admin.

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. The American citizen petitioner, must make sure that s/he names the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later within one year from the date of issuance of the K-1 visa to his/her parent.  If it is longer than one year from the date of visa issuance, a separate immigrant visa petition is required.

Key points:

• The child must be unmarried.

• The stepparent/stepchild relationship must be created before the child reaches the age of 18.

For further information about child dependents of K-1 fiance(e) visa applicants, please visit www.myfianceevisa.com

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27. June 2009 by admin.

When arriving at an airport, the airline will give all non-United States citizens a form to complete while still en route to the United States, either Form I-94 (white), Arrival/Departure Record, or Form I-94W (green), Nonimmigrant Visa Waiver Arrival/Departure Form and Customs Declaration form 6059B. The forms ask for basic identification information and the address where you will stay in the United States.

Upon arrival, the airline personnel will show you to the inspection area. You will queue up in an inspection line and then speak with a CBP officer. If you are not a U.S. citizen, you should use the lanes marked for non-citizens. You may be asked to proceed to a second screening point with your belongings for additional questioning by CBP Officers. You will then proceed to the Customs inspection area.

The CBP Officer must determine why you are coming to the United States, what documents you may require, if you have those documents, and how long you should be allowed to initially stay in the United States. These determinations usually take less than one minute to make. If you are allowed to proceed, the officer will stamp your passport and customs declaration form and issue a completed Form I-94 to you. A completed form I-94 will show what immigration classification you were given and how long you are allowed to stay.

If you are an alien, CBP Officers may decide that you should not be permitted to enter the United States. There are many reasons why this might happen. You will either be placed in detention, or temporarily held until return flight arrangements can be made. If you have a visa, it may be cancelled. In certain instances, Officer(s) may not be able to decide if you should be allowed into the United States. In this case, your inspection may be deferred (postponed), and you will be instructed to go to another office located near your intended destination in the United States for further processing.

For more information on entering the U.S. and visa and green card processing, visit www.myfianceevisa.com.

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24. June 2009 by admin.

The following is a checklist of some documents that need to be included in a K-1 fiance(e) visa application:

Further information on the fiancee visa requirements can be found at www.myfianceevisa.com or www.chinesefiancee.com

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17. June 2009 by admin.

If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no longer have a record.  

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.  “Domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.  2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.  3. Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.  If you have committed any of these acts, it’s important to contact an experienced immigration attorney so we may determine how this would affect your application. Call us at 626-771-1078.

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10. June 2009 by admin.

10. June 2009 by admin.

As of May 15, 2009, the California Service Center is taking about 6 months to process K-1 fiance(e) visa petitions. This lengthy processing time along with the time it takes it submit the approval to the NVC and the U.S. embassy overseas makes it imperative that petitions be submitted completely and thoroughly to avoid further delay.

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