I-601 WAIVERS, FIANCEE VISA, and SPOUSAL VISA HOW-TO'S

Immigrant Visas: Supporting Documents to Provide

admin — Thu, 11 Feb 2010 06:25:11 +0000

Every alien applying for an immigrant visa shall present a valid unexpired passport or other suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Secretary of State.

The immigrant shall furnish to the consular officer with his application a copy of a certification by the appropriate police authorities stating what their records show concerning the immigrant; a certified copy of any existing prison record, military record, and record of his birth; and a certified copy of all other records or documents concerning him or his case which may be required by the consular officer.

The copy of each document so furnished shall be permanently attached to the application and become a part thereof. In the event that the immigrant establishes to the satisfaction of the consular officer that any document or record required by this subsection is unobtainable, the consular officer may permit the immigrant to submit in lieu of such document or record other satisfactory evidence of the fact to which such document or record would, if obtainable, pertain.

All immigrant visa applications shall be reviewed and adjudicated by a consular officer.

If you need assistance preparing an immigrant visa application, speak to an immigration attorney 24/7 at 626-771-1078 or visit us at www.myvisa.com or www.myfianceevisa.com

Immigrant Visas: Definition of spouse per Japan and Korea

admin — Thu, 11 Feb 2010 06:05:46 +0000

An alien is a “spouse” for immigration purposes if the marriage was lawfully entered into pursuant to the laws of Japan or the Republic of Korea through the filing of the required notification with the Ward Registrar and the parties:

(1) Were physically present together at the time of such filing;

(2) Consummated the marriage after such filing; or

(3) Had previously participated in a religious or private marriage

ceremony and thereafter cohabited as man and wife.

If you were married in Korea or Japan and have questions about your marriage, please contact an immigration attorney 24/7 at 626-771-1078 or visit us at www.myfianceevisa.com

Immigrant Visas Fees to Change

admin — Thu, 11 Feb 2010 05:59:39 +0000

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

Immigrant Visas: When is One Ineligible?

admin — Mon, 08 Feb 2010 22:46:29 +0000

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

Immigrant Visas: the Difference between IR and CR status

admin — Mon, 08 Feb 2010 22:42:48 +0000

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

Visa Fees for Filing for a Foreign Spouse

admin — Mon, 08 Feb 2010 22:38:34 +0000

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

Applying for an Immigrant Visa: Required Supporting Docs

admin — Mon, 08 Feb 2010 22:33:54 +0000

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

Role of the NVC in Processing Immigrant Visas for Spouses

admin — Mon, 08 Feb 2010 22:29:49 +0000

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:

Assigns a case number to the petition.
Send the Affidavit of Support processing fee bill and the immigrant visa fee bill to the attorney.
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.
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.
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

Basics of K-3 Spousal Visas

admin — Mon, 08 Feb 2010 22:23:08 +0000

If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:
- Petition for Alien Relative, Form 1-130; and
- Petition for Alien Fiancé (e), Form I-129F

If you’d like assistance bringing over your foreign spouse to the U.S., please contact an immigration attorney at 626-771-1078 or visit our website at www.myfianceevisa.com

K-3 and K-4 processing in the Ukraine, part II

admin — Thu, 04 Feb 2010 00:31:03 +0000

The US Embassy will ONLY send out the Information packet to the beneficiary containing the application forms. After the interview has been scheduled by the call center NO written notification about scheduling an appointment for a visa interview will be sent either to the petitioner or the beneficiary. The date of the appointment also will not be confirmed by the Immigrant Visa Unit of the Consular Section over the telephone. Those applicants who wish to confirm their date of the appointments as well as re-schedule them should contact the call center.

The Information packet contains information on the documentation you must provide at the time of the interview. The medical exams must be performed only by the physician identified in the packet. K3 and K4visa applicants are not required to submit proof of vaccinations or to undergo any vaccinations until they adjust status with the USCIS. Therefore applicants may wish to consider carrying their vaccination records with them to the United States to facilitate this process.

The consulate also sends out the Information packet to the attorneys of record. The alien beneficiary may appear at the Consular Section only when the appointment date is set by the call center. Please note that if the applicant has been qualified for getting the visa at the time of the interview, the passport will be sent back to the applicant through the courier service within 10 business days. Therefore it is strongly recommended that you not make non-refundable flight arrangements or other travel plans until you have your visa in hand.

Aliens who enter the U.S. with a valid nonimmigrant K3 visa will be admitted for a period of 2 years. A minor child entering the U.S. with a valid nonimmigrant K4 visa will be admitted for a period of 2 years or until the day before the alien”s 21st birthday, whichever is shorter. Following the 2-year admission period, a K3 and K4 nonimmigrant may apply with the Service for an extension of stay using Form I-539. Extensions of Stay are issued in 2-year increments. Once the pending immigrant petition is approved, the individuals in the U.S. on the K3/K4 visas may adjust their status to conditional permanent residency.

If you would like to bring over your foreign spouse from the Ukraine, please contact an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com