11. February 2010 by admin.

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11. February 2010 by admin.

The Department is changing the fee for processing an immigrant visa from $355 for all immigrant visas, to a four-tiered fee based on an independent cost of survey study’s estimates for each discrete category of immigrant visa, as applications for certain applications cost more to process than others.

Interestingly, the application fee for a family-based (immediate relative and preference) visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330. If it’s true that the fee will be lower than it currently is, this will provide a little relief for petitioners and their loved ones.

If you are interested in bring your foreign spouse to the U.S., please call an experienced immigration 24/7 at 626-771-1078 or visit us at www.myfianceevisa.com

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9. February 2010 by admin.

Certain conditions and activities may make the applicant ineligible for a visa. Examples of these ineligibilities are:

• Drug trafficking
• Having HIV/AIDS
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the government
• Submitting fraudulent documents

The consular officer will inform you if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is.

To determine whether your foreign spouse is eligible for an immigrant visa, please speak with an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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9. February 2010 by admin.

If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.

You and your spouse must apply together to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card).

To apply for either an IR visa or CR visa for your foreign spouse, please speak with an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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9. February 2010 by admin.

Aside from attorney fees, USCIS and DOS fees are charged for the following services:

• Filing an immigrant Petition for Alien Relative, form I-130
• Processing an immigrant visa application, for DS-230
• Reviewing an I-864, Affidavit of Support (for petitions filed in the United States)
• Medical examination (costs vary from place to place)
• Fingerprinting fees, if applicable
• Other costs may include translation and photocopying charges, fees for getting the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.) and travel expenses to go to the embassy or consulate for the interview. Costs vary from country to country and case to case.

If you need assistance filing to bring your foreign spouse over to the U.S., please speak with an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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9. February 2010 by admin.

An appointment package is sent to the agent or the applicant. (See note below.) The appointment package gives the applicant an interview date and tells you the specific requirements of the visa. It includes instructions on where to go to have the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

 In general, the following is required:

• Passport(s) valid for six months beyond the intended date of entry into the United States
• Birth certificate
• Divorce or death certificate of any previous spouse
• Marriage certificate
• Police certificate from all places lived since age 16
• Medical examination
• Evidence of financial support. A completed  Form I-864 Affidavit of Support from petitioner/ sponsor is required.
• Application for Immigrant Visa and Alien Registration, Form DS-230, both Part I and Part II
• Two immigrant visa photos
• Proof of the marriage and the husband/wife relationship
• Payment of immigrant processing fees, as explained below

An applicant may bring marriage photographs and other proof that the marriage is genuine. Documents in foreign languages should be translated. The consular officer may ask for more information. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the immigrant visa interview. Original documents can then be returned to you.

 Note: The National Visa Center sends appointment packages to the agent for applicants in certain countries when the petitions are filed in the United States. The embassy or consulate sends appointment packages to applicants in all other countries. It also sends appointment packages to all applicants whose petitions are already at the embassy or consulate.

If you need assistance bringing over your foreign spouse to the U.S., please speak with an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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9. February 2010 by admin.

After a Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) office in the United States approves the petition, it sends the petition to the National Visa Center (NVC). When an applicant’s priority meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

If you are working with an attorney, the NVC will take the following steps:

1. Assigns a case number to the petition.
2. Send the Affidavit of Support processing fee bill and the immigrant visa fee bill to the attorney.
3. After the Affidavit of Support processing fee is paid, the NVC will send the Affidavit of Support Process and the Applicant Document Process instructions to the attorney.
4. After the Affidavit of Support and Applicant documents are submitted to the NVC, the NVC will review the information submitted for technical correctness and completeness.
5. After reviewing the submitted documentation, and the file is complete with all the required documents, the NVC will send the petition to the embassy or consulate where the applicant will apply for a visa when the case file is complete. For certain embassies/consulates, the NVC will schedule the applicant’s interview. Approximately one month before the applicant’s scheduled interview appointment with a consular officer, all interested parties (applicant, petitioner, and attorney) will receive an appointment letter containing the date and time of the applicant’s visa interview along with instructions for obtaining a medical examination.

If you are interested in bringing over your wife or husband to the U.S. on an immigrant visa, please speak with an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

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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

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5. July 2009 by admin.

U.S. citizens who wish to bring their Filipino spouse to the United States on a K-3 visa must file both the I-129F and I-130 petitions. These petitions are filed at the USCIS office that has jurisdiction over the petitioner’s place of residence.

The approved I-129F petition is sent to NVC for processing, which then forwards it to the Embassy in Manila.

Starting March 19, 2008, those applying for K-3 and K-4 visas who have been notified by the Embassy to prepare for their interview can call 1-909-101-7878 (within the Philippines) to schedule an interview appointment at the U.S. Embassy. The cost of the 909 service is U.S. $0.98 per minute; this amount will be charged to your telephone bill. Applicants, Agents or Petitioners calling from within the United States will also be able to use this service by calling 1-888-877-9888. The cost of the 888 service from the United States is a U.S. $18 PIN payable using a Visa or MasterCard once you have called into the service.

Applicants or their representatives must have the applicant’s Immigrant Case Number as given in the Embassy notification letter available when they call to schedule an appointment. Callers can speak with an English or Tagalog speaking operator.  The service is available to the public from 8:00 a.m. to 6:00 p.m., Monday to Friday, Manila local time.

On the day of the visa interview and at the discretion of the adjudicating consular officer, K-3/K-4 applicants may be asked to present secondary documents to support the claimed marital relationship. These documents may include letters, photographs, joint ownership of assets, bank accounts, and telephone bills. Otherwise, the documents for a K visa application are the same as those for immigrant visa applications.

It takes 6 to 12 months from the date the petition is approved for the K visa to be issued. If an investigation is required and if the applicant does not satisfy all the application requirements, visa issuance may take even longer. A U.S. citizen should not arrange to take the Filipino spouse back to the United States immediately following the marriage. No final travel plans should be made until a visa has been issued.

If approved, the K-3 visa can be used to enter and leave the United States for 24 months while the I-130 petition is being processed. Once the I-130 petition is approved, the Filipino spouse may adjust status to a lawful permanent resident.

Minor children of a K-3 applicant may derive immigration benefits from the same approved I-129F petition and are issued K-4 visas. The children may apply for visas at the same time as the principal applicant parent or may be following-to-join derivatives of a K-3 applicant, in which case they must apply for their K-4 visas before the principal applicant parent adjusts status in the United States.

The K petition is generally processed quicker than the IR petition. However, if the I-130 petition for the spouse is already at the Embassy, then it is advisable to pursue the IR application instead of the K-3. With an IR-1 visa, the beneficiary generally has no further processing requirements with the USCIS after arrival in the United States*.

For more information about the K-3 spousal visa for Filipino spouses of U.S. citizens, visit our law firm’s website at www.fianceevisa.ws We have been providing legal representation for U.S./Filipino couples since 1997.

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2. July 2009 by admin.

If you don’t want to bother with the K-1 fiancee visa and prefer to marry your fiancee in China, here’s information on how to marry in China. This information is provided by the Chinese government.

 Foreigners wishing to go to China to marry Chinese citizens should be acknowledged that the legal marriage age in China is 22 and above for male, 20 and above for female according to the Chinese law, and bigamy is illegal.

Before going to China, the following documents should be prepared:
1. Your non-spouse certificate which indicate your name, sex, date and place of birth, nationality, personal identification document number, marital status (never married or divorced or widowed) and the name of your fiancee/fiance. The divorced should have divorce certificate and the widowed death certificate and must declare that he/she has never got married since and remains single.
The above-mentioned documents are invalid unless they are first notarized by a local notary public and then legalized and finally authenticated by the Chinese Embassy  (valid for 6 months since the date of authentication).
2. Certificate of decent occupation or reliable income.

After entering into China with the above-said documents and a valid visa, you should together with your fiancee/fiance, submit in person your marriage application to the marriage registration office of the local government above county level where the Chinese fiancee/fiance resides and, have your health checked by a designated hospital. Marriage can be registered only after the application is ratified, and Marriage Certificate is issued upon registration.

 Once you’ve married, you’ll need to apply for an immigrant visa for your spouse or for a spousal visa. We can help, call us at 626-771-1078 to speak with an experienced immigration attorney or visit us at www.myfianceevisa.com

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