1. January 2011 by admin.

The USCIS online tracking system is a good start. However, it fails to provide sufficient information about petitioners’ applications. Users receive a receipt number upon filing their petitions with the USCIS. They can then go online, type in the receipt number, and obtain a status update.

Unfortunately, the information provided is sparse and not very detailed. The case updates primarily state that the petition has been received, that additional information was requested, or that a decision was made and the applicant will be informed.

The system is inadequate in that it fails to provide information about cases that were transferred between offices. The system doesn’t provide information about which office the transferred file was eventually sent to.

The USCIS recognizes that the system needs to be updated to provide more useful and detailed information. In a recent letter to American Immigration Lawyers Association, it indicated that it would be developing a software update that would offer more detailed information. Unfortunately, as of 12/31/2010, no new developments can be reported. Hopefully the update will arrive soon in 2011.

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1. January 2011 by admin.

USCIS instructions permit copies to be submitted along with the I-129f. This is generally recommended to avoid submitting an important original document which could get lost or destroyed.

In the event that an applicant does submit an original document, takes certain steps to increase the likelihood of getting your original document back. Submit the original with a copy and a request from the USCIS to return the original. If the applicant doesn’t include a copy, the USCIS may keep the original.

If the USCIS retains the original, use form G-884 to request that the USCIS return the original. File this form with the office where your case was pending. No fee is required to submit this form.

If you need assistance filing a fiance(e) or spousal visa petition, contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

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29. November 2010 by admin.

U.S. Citizenship and Immigration Services (USCIS) is funded largely by application and petition fees. Waiving a fee transfers the cost of processing the application and petition for free to others through higher fees. However, the USCIS recognize that some individuals may not be able to pay the filing fee. Hence, the USCIS, in their discretion, will waive fees for certain applicants who effectively demonstrate their inability to pay the filing fees.

The review of any fee waiver request will follow a series of steps to determine whether the applicant’s income level or financial condition makes him or her eligible for the fee waiver.

Step 1. Are you receiving a means-tested benefit?  This step instructs an applicant about various acceptable means-tested benefits and the kinds of acceptable evidence used to document the receipt of a means-tested benefits. This step also outlines which family members will be considered as eligible for a fee waiver based upon the primary applicant’s receipt of a means-tested benefit. If you are receiving a means-tested benefit and you have provided sufficient evidence with your fee waiver request, your fee waiver will normally be approved and no further information is required.

Step 2. Is your household income at or below 150% of the Federal Poverty Guidelines at the time of filing? This step instructs an applicant about what is acceptable evidence in determining household income. It also specifies what family members should be included when determining household size. If you have provided sufficient evidence that your household income is at or below the 150 % threshold, your fee waiver will normally be approved.

Step 3. Do you have some financial hardship situation that you would want USCIS to consider when determining eligibility for a fee waiver? This step allows an applicant to list any special circumstances that USCIS should consider in addition to income such as extraordinary expenses and liabilities.

The fee waiver is only available for specific petitions. It is not available for the I-129f fiancee visa petition. However, it is available for subsequent applications that fiance(e) visa holders may submit once they are in the U.S. This includes the I-485 application to adjust their status from K-1 fiancee visa to that of a lawful permanent resident, the I-765 application for employment authorization, and the I-131 application for advance parole.

Should you need assistance with any of the above applications for your fiance(e) or foreign spouse, please visit our law firm’s website at www.myfianceevisa.com or speak with an attorney at 626-771-1078.

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29. November 2010 by admin.

Please note that the USCIS filing fees for many petitions changed on November 23, 2010. For most petitions, the filing fees increased. Not unusual nor unexpected.

Fortunately, the filing fees for the I-129f, the petition used for the fiance(e) visa petition actually decreased by $115! The new fee is now $340 whereas the old fee was $455. Therefore, be sure to submit your petition with the proper filing fee. Personal checks and money orders are accepted made payable to the “Department of Homeland Security”. See the I-129f form instructions for further details.

Failure to do so will result in the petition being kicked back, rejected for the improper filing fee. This will happen a few weeks later thus delaying the reunion of you and your fiance(e).

 If you need assistance with your fiance(e) visa petition, please visit our website at www.myfianceevisa.com or call us at 626-771-1078 to speak with an immigration attorney.

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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

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7. June 2010 by admin.

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21. October 2009 by admin.

I-129f petitions for fiance(e) visas are submitted to the USCIS. They are not submitted to the U.S. consulate or embassy where the foreign fiance(e) resides. I-129f petitions are directed to either the California Service Center or the Vermont Service Center for processing.

For Fall 2009, processing times at the service centers are as follows:

• California Service Center: 5 months
• Vermont Service Center: 5 months

Previously, the Vermont Service Center processed I-129f petitions faster than the CSC. Unfortunately, processing at the VSC has now slowed so that there is no discernable advantage.

Both service centers are processing at a slower rate than in the past. At one point, the CSC was processing I-129f petitions in 3 months and the VSC in under one month! Larger volume of K-1 petitions as well as budget cuts has resulted in increased processing times.

To avoid delaying the process further, it is important that filers prepare their petitions completely and thoroughly. Applications should be organized and easy to follow. Inadequate preparation will lead to either an outright denial or a request for additional evidence (RFE). While RFEs still give the petitioner to answer and can lead to the petition being approved, it can easily delay processing by an additional few months.

If you’d like assistance with the preparation of your K-1 fiancee visa petition, talk to an experienced immigration attorney now by calling 626-771-1078 or visit us at www.myfianceevisa.com

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13. October 2009 by admin.

Atlanta USCIS office is currently trying to process adjustment of status applications and grant interviews within 6 months. Interview notices are typically sent within 2 months.

Decisions on applications are often made at the time of the interview. In happy situations, the applicant will be informed that he or she has been granted permanent resident status. Such a notification letter is provided at the conclusion of the interview.

In other instances, the interviewing officer will inform the applicant that a decision will be made within 30 or 90 days. Therefore, applicants should be this in mind when they go in for their interview and not assume that a notification letter will be provided at the end of the interview. The officer may require more time to spend after the interview to review an application before rendering a decision.

If you need assistance, please contact our law office at 626-771-1078 or visit our website at www.myfianceevisa.com

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13. October 2009 by admin.

One way USCIS is improving service to its customers is by launching its E-Notification initiative for immigration applications and petitions filed at one of three USCIS Lockbox facilities. If you file your USCIS applications and/or petitions at one of these facilities, you will have the option to receive an e-mail and/or text message informing you that USCIS has accepted your application or petition. 

A lockbox is an entity used by organizations to accelerate the collection of fees. In addition to processing fees more efficiently and timely, the USCIS Lockbox operation is improving data collection by electronically capturing and transmitting information from immigration forms to USCIS systems. 

Forms that are currently processed through the USCIS Lockbox facilities include family based forms  

One e-mail and/or text message will be sent per accepted immigration form. USCIS will send an E-Notification to the person requesting the benefit. If you provide an e-mail address and a cell phone number, you will receive both types of E-Notification messages. USCIS will notify you within 24 hours of accepting your immigration form(s).  

The e-mail or text message will provide a receipt number for each immigration form. The e-mail notice will also provide a brief statement on how to get additional information about the status of your case. The E-Notification will not constitute official notice of application acceptance.

If you need assistance preparing a K-1 fiancee or K-3 spousal visa, please call us at 626-771-1078 and speak with an experienced immigration attorney or visit us at www.myfianceevisa.com.  

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