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.

Posted in Uncategorized | Print | No Comments »

11. February 2010 by admin.

Posted in Uncategorized | Print | No Comments »

4. September 2009 by admin.

• “Communicable disease of public health significance” and includes 8 medical conditions.

• HIV3 is listed in the INA and the HHS regulations as a communicable disease of public health significance.

18. August 2009 by admin.

 Obtain original documents or certified copies from an appropriate authority, for yourself and all unmarried children under 21 years of age who will accompany you to the United States. All documents that relate to your petition are required, even if they were previously submitted to USCIS with your petition.

Evidence of RelationshipYou may be asked to submit proof of a valid fiancé/fiancée relationship with your petitioner. It is, therefore, useful to bring with you letters, photographs, or other evidence of your engagement.

Birth certificates

Obtain the original, or certified copy, of the birth record of each family member (yourself and all unmarried children under the age of 21) even if the children are not immigrating with you.

The certificate must contain:

• Person’s date of birth
• Person’s place of birth
• Names of both parents
• Annotation by the appropriate authority indicating that it is an extract from the official records

Unobtainable birth certificates

Your birth record may not be obtainable. Some reasons are listed below.

• Your birth was never officially recorded.
• Your birth records have been destroyed.
• The appropriate government authority will not issue one.

Please obtain a certified statement from the appropriate government authority stating the reason your birth record is not available. With the certified statement you must obtain secondary evidence. For example:

• A baptismal certificate that contains the date and place of birth and both parent’s names providing the baptism took place shortly after birth
• An adoption decree for an adopted child, or
• An affidavit from a close relative, preferably the applicant’s mother, stating the date and place of birth, both parent’s names, and the mother’s maiden name.

Child Custody

Any minor child applying with a parent must submit custody information. This may include a court “Order of Residence” & “Relocation Order” verifying sole custody to the immigrating parent or a signed and dated affidavit from the child’s other parent advising of his/her knowledge and consent for the child to live in the United States which should include a copy of a photo ID of that parent, or a death certificate of the other parent.

Please note: An affidavit must be executed before an official authorized to take oaths or affirmations. Information regarding the procedures for obtaining birth certificates is usually available from the embassy or consulate of the country concerned.

Passports

A Passport must be valid for travel to the United States and must have at least eight months validity beyond the issuance date of the visa. Children may be included on a parent’s passport, but if over the age of 16, they must have their photographs attached to the passport.

Deportation

Applicants who have previously been deported or removed at government expense from the United States must obtain Form I-212, Permission to Reapply after Deportation, from the U.S. Citizenship & Immigration Service, or from a U.S. Embassy or Consulate, and follow the instructions included on that form.

Medical Examination

Arrange for a medical examination with one of the physicians listed on the attached information sheet. You are responsible for the cost of the examination. A medical examination is also required for each child who will accompany you.

Court and Prison Records

Persons who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency.

Court records should include:

• Complete information regarding the circumstance surrounding the crime of which the applicant was convicted, and
• The disposition of the case, including sentence or other penalty or fine imposed.

Military records

Persons who have served in the military forces of any country must obtain one copy of their military record.

Please note: Military records from certain countries are unavailable. More specific information is available from NVC or the nearest United States immigrant visa processing post.

Marriage certificates

If you were married previously, obtain an original or certified copy of your marriage certificate bearing the appropriate seal or stamp of the issuing authority.

Termination of prior marriagesApplicants who have been previously married must obtain evidence of the termination of each prior marriage. Evidence must be in the form of original documents issued by a competent authority, or certified copies bearing the appropriate seal or stamp of the issuing authority.

Acceptable evidence is a:

• Final divorce decree
• Death certificate, or
• Annulment.

Translations

All documents not in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified English translations.

The translation must include a statement signed by the translator that states that the:

• Translation is accurate, and
• Translator is competent to translate.

Affidavit of Support

Evidence which will show that you and your children, if any, are not likely to become public charges in the United States. The affidavit of support, Form I-134, which your petitioning fiancé(e) needs to complete on your behalf and on behalf of any children if applicable. The I-134 must be submitted with supporting documentation from your fiancé (e) to prove his/her ability to support you upon your arrival into the U.S.

Photographs

Two photographs are required. They must be unmounted full-face photos, taken within the past 6 months; photos should measure 2 inches square (roughly 50mm square) with the head centered in the frame. The head measured from the top of the hair to the bottom of the chin should measure at 1 inch to 1 3/8 inches (25mm to 35mm) with the eye level at 1 1/8 inch to 1 3/8 inches (28mm and 35mm) from the bottom of the photo. Photos should be printed without borders. The photograph must be full-face view in which the visa applicant is directly facing the camera.

Police certificates

Police certificates are required for each visa applicant aged 16 years or older. The table below shows how many police certificates are required based on where each applicant lives and has lived previously. Present and former residents of the United States should NOT obtain any police certificates covering their residence in the U.S.

For visa assistance, contact an immigration attorney at www.myfianceevisa.com

Posted in Uncategorized | Print | No Comments »

23. July 2009 by admin.

Please note that viewing this blog does not create any kind of attorney/client relationship, and no information contained on this site should be construed as legal advice. Readers take this information as-is, at their own risk, and must understand that U.S. immigration law and related procedures change frequently and rapidly.

As such, viewers interested in applying for a fiancee or spousal visa are advised to contact an attorney at www.myfianceevisa.com for a consultation regarding their situation.

Posted in Uncategorized | Print | No Comments »

9. June 2009 by admin.

I’m happy to announce that David and Ping successfully navigated the green card interview. Ping’s passport was stamped with proof of temporary permanent resident status. She can use that as proof of eligibility to work. Her green card will now be manufactured and mailed to her. Congratulations!

Posted in Uncategorized | Print | No Comments »