H-1B cap count

As of 1/24/11, the H-1B cap count for bachelor's degree is 62,800 receipted. There are 65,000 available. Not all of the receipted H-1B petitions count toward the cap, but it is likely that the H-1B cap will be reached soon.

Getting original documents returned from the USCIS

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

USCIS online petition tracking

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.

State Dept. issues Redesigned report of birth abroad

The DoS recently announced the introduction of a redesigned Consular Report of Birth Abroad (CRBA). The CRBA is an official record confirming that a child born overseas to a US citizen parent acquired US citizenship at birth. The redesigned document has state-of-the-art security features that make it resistent to alterations or forgery.

CRBAs have been printed at US embassies and consulates around the world since 1919. Effective 1/3/11, CRBAs will be printed at passport facilities in Portsmouth, NH and New Orleans, LA.  The DoS believes that centralizing production ensures improved uniform quality and lessens the threat of fraud.
Applications for US passports and the redesigned CRBA will also use the title of “parent” as opposed to “mother” and “father”.

For assistance in obtaining a CRBA for your overseas born child or to bring over your foreign spouse or fiance(e), contact a lawyer at www.myfianceevisa.com or call us at 626-771-1078.

Filing mistakes: Filing the K-1 petition at the wrong USCIS office

The USCIS website gets better and better. The instructions for filing different applications are becoming much clearer and more organized, a huge improvement over their processes 14 years ago when I first started practicing.

The instructions on the I-129f petition indicate where the application should be filed. In the past, the petitioner would need to look up the service center that has jurisdiction over his state of residence, and mail it there.

Unfortunately, it can happen where an applicant carefully prepares a petition but mails it to the wrong location. In that case, what result? Will the petition be rejected? Will it be lost in a paperwork limbo? Will it be accepted and eventually routed to the corrrect office?

The USCIS Adjudicator’s Field Manual provides for this scenario:
“Although the instructions for each type of application or petition specify where that application or petition is to be submitted, submission to an incorrect office (or incorrect post office box where more than one box is used by a service center to sort cases by application type) is not a reason for rejection. Such cases should be receipted and routed to the appropriate office for processing.”

Hooray for the USCIS and being accommodating enough to allow for this oversight.
If you need assistance with a fiance(e) or spouse visa, contact our law office at 626-771-1078 or visit www.myfianceevisa.com  

Definition of domestic violence

Domestic violence is a pattern of behavior when one intimate partner or spouse threatens or abuses the other partner. Domestic violence may include physical harm, forced sexual relations, psychological and emotional abuse, tactics of isolation (such as controlling who you talk to or where you go) or intimidation, economic abuse (such as withholding support) and/or immigration related abuse or threats (such as refusing to file applications to give you legal immigration status, or threatening to call immigration authorities to get you removed from the United States if you report abuse).

Domestic violence often increases victims’ dependence on abusers, making it difficult for victims to leave. While most recorded incidents of domestic violence involve men abusing women or children, men can also be victims of domestic violence. Domestic violence may include sexual assault, child abuse, and other violent crimes. Sexual assault is any type of sexual activity that you do not agree to, even with your spouse, and can be committed by anyone. It includes unwanted touching of your intimate parts as well as rape or attempted rape. Child abuse includes: physical abuse (any injury that does not happen by accident, including excessive punishment), physical neglect (failure to provide food, shelter, medical care or supervision), sexual abuse, and emotional abuse (threats, withholding love, support or guidance).

Under all circumstances, domestic violence, sexual assault, and child abuse are illegal in the United States. All people in the United States (regardless of race, color, religion, sex, age, ethnicity, national origin, or immigration status) are guaranteed protection from abuse under the law. Any victim of domestic violence – regardless of immigration or citizenship status – can seek help. An immigrant victim of domestic violence may also be eligible for immigration related protections.

If you are the victim of domestic abuse, contact your local law enforcement or a shelter for more information regarding your options.

Legal rights of victims of domestic violence

All people in the United States, regardless of immigration or citizenship status, are guaranteed basic protections under both civil and criminal law. U.S. laws that apply to families give you:

• The right to obtain a protection order for you and your child(ren).
• The right to legal separation or divorce without the consent of your spouse.
• The right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together.
• The right to ask for custody of your child(ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.

Consult a family lawyer and an immigration lawyer who works with immigrant victims of domestic violence to understand how any of these family law options may affect or assist you.
Under U.S. law any crime victim, regardless of immigration or citizenship status, can call the police for help or to obtain a protection order.

Immigration options for victims of domestic violence

Depending on the circumstances, there are several ways that immigrants who become victims of domestic violence, sexual assault, and some other specific crimes may apply for legal immigration status for themselves and their child(ren). A victim’s application is confidential and no one, including an abuser, crime perpetrator, or family member, will be told that you applied.

• • Self-Petitions under the Violence Against Women Act (VAWA) (Form I-360):
    • For spouses and children of abusive U.S. citizen or lawful permanent residents who have subjected them to battery or extreme cruelty.
    • Also available to parents of abusive U.S. citizen children (if children are over 21).
    • Allows the victim to apply for legal permanent residency without the help or knowledge of the abuser.
  • Battered Spouse Waivers under VAWA (Form I-751):
    • For a conditional permanent resident who has been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse.
    • Allows the victim to remove the conditions on permanent residence without the help or knowledge of the abusive U.S. citizen or lawful permanent resident spouse.
• Cancellation of Removal under VAWA (requested in immigration court):
  • For spouses and children of abusive U.S. citizens who have subjected them to battery or extreme cruelty and who are in removal proceedings before an immigration judge.
  • Also available to the parent of a child or step-child who is abused by a U.S. citizen.
  • Among other requirements, victim must have been in the United States for longer than 3 years, and show that removal will cause the victim extreme hardship.
  • Allows the victim to request that the immigration judge cancel the removal proceedings and grant the victim lawful permanent residency.
• U-nonimmigrant status (crime victims) (Form I-918)
  • For victims of certain serious crimes, including domestic violence, who have suffered substantial mental or physical abuse as a result of criminal activity in the United States.
     Requires victims to cooperate in the criminal investigation or prosecution.
  • Allows victims to receive a “U visa,” and, after 3 years, if they can prove humanitarian need, public interest, or family unity reasons, to apply for lawful permanent residency.
• T-nonimmigrant status (victims of human trafficking) (Form I-914)
  • For victims who have been subjected to severe forms of sex or labor trafficking.
  • Requires victims to cooperate in the criminal investigation or prosecution.
  • Allows victims to receive a “T visa,” and, after 3 years, to apply for lawful permanent residency.

These immigration options each have further specific requirements that must be established. For more information and a flyer specifically on “Immigration Options for Victims of Crimes,” please visit the “Humanitarian” section of the USCIS website

Consult an immigration lawyer who works with victims of domestic violence to discuss how any of these immigration options may affect or assist you.

Obtaining a fee waiver of certain immigration benefits

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.

Removing Conditional status on a permanent resident card

For many foreign fiance(e)s, permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day you were given permanent residence. You are given conditional resident status on the day you are lawfully admitted to the United States on an immigrant visa or adjustment of your status to permanent residence.

The foreign fiance(e)’s status is conditional, because you must prove that you did not get married to evade the immigration laws of the United States. To remove these conditions you must file a petition to remove the conditional status placed on your permanent resident status.

Eligibility Criteria

Generally, you may apply to remove your conditions on permanent residence if:

• You are still married to the same U.S. citizen or permanent resident after 2 years (your children may be included in your application if they received their conditional resident status at the same time that you did or within 90 days)

• You are a child and cannot be included in the application of your parents for a valid reason

• You are a widow or widower of a marriage that was entered into in good faith

• You entered into a marriage in good faith, but the marriage was ended through divorce or annulment

• You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme hardship by your U.S. citizen or permanent resident spouse

• The termination of your conditional resident status would cause extreme hardship to you

The removal of conditional status can be a challenging application to submit. If you need assistance filing this type of application, visit us at www.myfianceevisa.com or speak with an immigration attorney at 626-771-1078.

K-1 and K-3 processing at IV posts

K-1 fiance(e) visas are technically nonimmigrant visas. They allow the fiance(e) to enter the U.S. for a period of 90 days. The fiance(e) is admitted to enter for purposes of marrying the U.S. citizen.  

In light of this, one would expect that the foreign fiance(e) would be processed at a nonimmigrant post at the U.S. embassy or consulate general overseas. However, the Foreign Affairs Manual clearly states K-1 and K-2 visas must be processed and issued only at immigrant visa (IV) issuing posts.  

Furthermore, if a nonimmigrant visa (NIV) issuing post receives a K-1 visa petition, it should forward the petition to the IV issuing post which covers the consular district, unless the post has been specifically authorized to process K visas.  Similarly, applicants for K-3 spousal visas should also be processed at IV posts, as K-1s are. However, in some cases K-3 spousal visas may have to be processed at a consular post that normally issues only NIV, because there is no IV post in the country.  The statute requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued a visa by a consular officer in the foreign state in which the marriage was concluded. However, if no visa-issuing post is located in that country, the K-3 applicant should apply at the consular post designated to handle “homeless” IV cases for that country.  In sum, it is important to know which post will be processing your K-1 or K-3 visa. Because IV posts are responsible for processing these cases, the nearest visa-issuing office may not necessarily be the office your fiance(e) will be required to visit to obtain the K-1 or K-3 visa stamp.  
 If you need assistance obtaining a K-1 fiancee or K-3 spousal visa, please contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

Validity of a K-1 approval notice

An approved K-1 visa petition is valid for a period of four months from the date of Department of Homeland Security (DHS) action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary’s admission into the United States.

However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, the petition should be returned to the approving office of DHS with an explanatory memorandum.

To apply for your foreign fiancee, contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

Is the K-1 relationship legitimate?

There are several possible discrepancies between the facts stated on the petition and the actual circumstances of the K-1 beneficiary which might lead the consular officer to question whether the relationship is bona fide or which might cause the petitioner to choose not to go forward with the marriage.  These include the following:

• having one or more children not named in the petition,
• a prior undisclosed marriage (even if it has been annulled or ended by divorce or death),
• in the case of a fiancée, a current pregnancy.

Discovery of a ground of ineligibility of the K-1 applicant raises another issue of the petitioners awareness of all of the factors associated with the fiancé(e). 

Consular officers should use their discretion in determining whether to return the K-1 petition to the DHS in such cases. They should, however, first solicit from the petitioner information as to whether he or she was aware of the particular circumstance(s) and whether, in light thereof, he or she still wishes to proceed with the proposed marriage.  If satisfied in this regard, consular officers need not return the petition. 

Consular officers should return the K-1 petition to DHS for reconsideration if not satisfied with the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage. 

If you need assistance obtaining a K-1 fiancee or K-3 spousal visa, please contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

NVC fraud unit and K-1 and K-3 applications

The NVC fraud unit is the central point for K-1 and K-3 petition revocations being returned to the U.S. from overseas posts. The unit has the ability to track petitions and provide continuity during to the process.
The NVC fraud unit prescreens K petitions prior to the file being sent overseas for the interview. The information contained in the file supplements the documentation and saves consular officers time as they prepare for the interview.

The NVC fraud unit also assists posts in other ways such as validation studies, process queries in DHS systems, communicating about fraud schemes, etc.

If you would like to speak to an attorney about bringing your foreign spouse or fiancee to the US., please call 626-771-1078 or visit us at www.myfianceevisa.com.

USICS issues newly designed green card

U.S. Citizenship and Immigration Services (USCIS) announced 5/11/10 that it has redesigned the Permanent Resident Card—commonly known as the “Green Card”—to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning today, USCIS will issue all Green Cards in the new, more secure format.

The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.

For more information or a free consultation on how to obtain a green card for your foreign spouse or fiance(e), contact us at 626-771-1078 or visit us at www.myfianceevisa.com.

Features of the green card

The USCIS began issuing new green cards on May 11, 2010. The new green card is designed to combat fraud and counterfeiting. Below are some of the new features embedded in this card.

Redesign results from extensive collaboration with the Department of Homeland Security (DHS) Screening Coordination Office, the Immigration and Customs Enforcement (ICE) Forensic Document Laboratory, and U.S. Customs and Border Protection (CBP).

Special ink creates color shifts in visual designs (e.g., eagle’s head).

Fine-lined artwork and complex architecture incorporate patterns that are nearly impossible to reproduce.

Card materials resist tampering.  Attempted tampering becomes immediately visible to the naked eye.

Standard card design and personalized features are integrated to deter fraud attempts, e.g., alteration of the photograph.

Greater detail in photograph makes for easier identification of the bearer.

Ultra-violet technology and tactile clues allow accurate card authentication at border crossings.

Radio Frequency Identification (RFID) allows inspectors to read unique, 192-bit serial number (192-bits) from a distance and link the information to the personal data on file.

Personalized return address on back of card doubles as security feature and as customer-service enhancement to facilitate easy return of lost cards to USCIS.

In keeping with its nickname, redesigned Permanent Resident Card is now green.

If you or your loved one needs assistance obtaining a green card, contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

The electronic DS-160 form

The new DS-160, Nonimmigrant Visa Electronic Application, is a fully integrated online application form that will be used to collect the necessary application information from persons seeking a nonimmigrant visa.

The DS-160 will be submitted electronically to the Department of State via the Internet. Consular Officers will use the information entered on the DS-160 to process the visa application and, combined with a personal interview, will determine an applicant’s eligibility for a nonimmigrant visa. The form will also allow electronic upload of the passport-style photos that are required for the production of the visa stamp.

The DS-160 has exciting potential to streamline the nonimmigrant visa application process resulting in faster processing times. The DS-160 eliminates several old forms which will simplify the process and make it easier for foreign applicants to understand.

Alas, at present, the DS-160 form is not available for the K-1 and K-2 fiance and child dependent applicants. Therefore, K-1 and K-2 applicants will still need to obtain a list of required documents from the US embassy or consulate general.

If you have a spouse or foreign fiancee seeking to enter the US, contact my law firm at 626-771-1078 or visit us at www.myfianceevisa.com  

Applying for a US passport

K-1 regulations generally require that U.S. citizen and foreign fiance(e) have met once within the two years leading up to the filing of the K-1 petition. While this requirement can be satisfied by the foreign fiance(e)s coming to the U.S. to visit the U.S. citizen, it is often easier for the U.S. citizen to travel out of the U.S., particularly if the foreign fiance(e) lives in a country where U.S. consular officers are loathe to grant temporary travel visas.

For a U.S. citizen without a U.S. passport, an application must be made in person under the following circumstances:

• You are applying for your first U.S. passport or
• You are under age 16 or
• Your previous U.S. passport was issued when you were under age 16 or
• Your previous U.S. passport was lost, stolen, or damaged or
• Your previous U.S. passport was issued more than 15 years ago or
• Your name has changed since your U.S. passport was issued and you are unable to legally document your name change

At the personal appearance, the applicant must also provide the following:

1. Completed form DS-11: Application for a U.S. passport
2. Proof of U.S. citizenship
3. Present ID which can be in the form of a naturalization certificate, driver’s license, or current government ID.
4. Include a copy of the ID presented in point #3.
5. Pay the current passport fee which can be found here: http://travel.state.gov/passport/fees/fees_837.html
6. Provide two passport-style photos. These can be taken at any one-hour photo or Costco.

If you need assistance applying for a U.S. passport or would like help bringing your foreign fiance(e) or spouse to the U.S., please call our law firm at 626-771-1078 or visit us at www.myfianceevisa.com

When is a K-3 visa available?

A K-3 visa may be issued only when an immigrant visa is not immediately available to the alien spouse.
If the I-130 petition remains at or is in transit from NVC, the applicant may continue to process the K-3 rather than switch to immigrant visa processing.

If the I-130 petition is at post, or the applicant has already been interviewed and denied an immigrant visa by a consular officer, perhaps due to a lack of some documents, the applicant must proceed with immigrant visa processing and may not choose to apply instead for the K3.

If you are interested in bringing your foreign spouse to the USA, contact our law office to speak with an attorney. Our phone number is 626-771-1078.

How the Dept. of State processes K-3 petitions

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 http://www.myfianceevisa.com/ for more information.

K-4 child eligibility requirements

To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse.

While the U.S. citizen must also file an I-130 petition for the spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the spouse’s children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification.

The K-4 child will not be able to file for adjustment of status in the U.S. until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number.

Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

 If you have a foreign spouse who has a child dependent, and you wish to bring both to the U.S., contact our law office at 626-771-1078 to speak with an immigration attorney. Or visit us at www.myfianceevisa.com

K-1 interview requirements

The following are documentary requirements for a K-1 or K-3 visa:

(1) The applicant must undergo the standard immigrant visa (IV)medical examination by a panel physician;

(2) A national crime information center (NCIC) name check must be done by the national visa center (NVC) for each applicant;

(3) The applicant must present police certificates, if required; and

(4) The applicant must present proof of relationship to the petitioner at the time of the interview.

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer’s satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act, cannot be required.

Applicants may submit a letter from the petitioner’s employer or evidence that they will be self-supporting.The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

If you are interested in bringing your foreign fiance(e) or spouse over to the U.S., but are concerned about the interview requirements, contact our law office at 626-771-1078

How the USCIS uses K-1 filing fees

K-1 petitioners and their beloved beneficiaries face a number of hurdles to bring the foreign fiance(e) to the U.S. A significant one is financial given the expense incurred of travelling to a foreign country to meet one another. Add in phone bills, English classes, obtaining documents and translations, and the amount can be substantial.Having to pay the USCIS filing fee of $455 along with the Department of State visa fee of about $100 just adds to the hardship. While the $455 paid to the USCIS goes to the effort required to adjudicate the I-129f at the Vermont or California Service Center, what do the visa fees paid to the U.S. Consulate apply to?
 
A recent study authorized by the Dept. of State identified one hundred and three activities required to process an application for a K1-category fiance(e) nonimmigrant visa. 103! Most K-1 couples think that the K-1 petition submission to the USCIS is the crucial stage of the K-1 process where the USCIS determines the couple’s eligibility for the visa. Who knew that the receipt and preparation for the K-1 interview overseas could be so complicated?

A closer look identifies the key activities and events that take place to process a K-1 visa stamp. They include but are not limited to the following:

–Pre-processing of the case at the National Visa Center, where the petition is received from the Department of Homeland Security, packaged and assigned to the appropriate embassy or consulate; and
–Intake and review of materials required for a K visa that are not required for other nonimmigrant visas, such as the I-134 affidavit of support and the DS-2054 medical examination report;
–Conducting an interview of the K visa applicant;
–Collecting biometrics from the K visa applicant;
–Actual adjudication of the application;
–Requesting legal opinions from headquarters as necessary;
–Investigating possible fraud in those applications; and
–Producing the physical visa, affixing it to the applicant’s passport, and returning that product to the applicant.

As the number of fraudulent K-1 fiance(e) petitions increase, the amount of time and energy required by consular officders to review and process these will undoubtedly increase. While K-1 visa fees have held steady since January 1, 2008, the Dept. of State proposed increasing visa fees. In our next newsletter, we’ll discuss the new fees and when they will take place.If you are interested in applying for a K-1 fiance(e) or K-3 spousal visa, contact our law office to see how our firm can prepare the best petition to maxmimize your chances for success.  Visit us at www.myfianceevisa.com

K-3 processing in the Ukraine

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

Basics of K-3 spousal visas

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

Role of NVC in immigrant processing

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

Immigrant visa: required supporting docs

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 http://www.myfianceevisa.com/

Visa fees for filing for a foreign spouse

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 http://www.myfianceevisa.com/

Immigrant visas: the difference between IR and CR status

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 http://www.myfianceevisa.com/

Immigrant visas: when is one ineligible?

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: supporting docs to submit

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

Processing at the Los Angeles USCIS office

On January 8, 2010, I had a chance to tour the Los Angeles USCIS district office with other American Immigration Lawyer Association attorneys. While I have been to the LA office before representing clients, this was the first time I received an actual tour from USCIS staff. It was very informative to see how the USCIS continues to make progress into becoming a customer-service oriented agency.

We had a chance to meet with the director of the LA office, Dianne Armenteros. Dianne struck me as a person who 1) really cares about the applicants who go through the immigration process, 2) believes in the USCIS mission and its impact on applicants, and is making a serious effort to encourage CIS staff to be as customer service oriented as possible.

Dianne told the story of an individual who applied for a permission to leave the US. He found out that his mother was dying, and he needed to get on a plane as soon as possible to head back to China. Because he was in the midst of applying for a green card, he needed permission from the USCIS to leave and later reenter the US. Failure to do so would have lead the USCIS to consider him to have abandoned his adjustment of status application. He would have then had to reapply for an immigrant visa back home in China.

It was encouraging to hear Dianne talk about the efforts her office made to accommodate this individual. The staff worked really hard to pull his file, review his application, and approve his request to leave and reenter. This was all done within an extremely short time frame of about 24 hours. He was able to obtain permission to leave, and he left immediately to be with his family.

I know that the USCIS has been given a bad rap in the past for poor customer service. The agency struggles with constant regulatory changes, increasing numbers of applications, and a shrinking budget. Yet, it’s pleasantly surprising to see the hard work that individuals at the USCIS are putting in to better processes. I’m excited about the changes that Ms. Armenteros shared with us that will affect the LA office. I think it’ll continue to simplify the application process, and make working with the local USCIS offices much easier.

If you are thinking about submitting an application to the LA USCIS district office, please do not hesitate to contact me  at 626-771-1078 to tap into my experience with this busy office

K-1 fiancee visa processing: how long will it take?

The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

Current K-1 processing times at the USCIS service centers can be viewed by visiting www.uscis.gov.   Wait times for a nonimmigrant visa to be processed does not include time required for administrative processing. Most administrative processing is resolved within 60 days of application. Applicants are advised as to how long it is estimated to take when they apply.  

When administrative processing is required, the timing will vary based on individual circumstances of each case. Therefore, before making inquiries about status of administrative processing, applicants will need to wait at least 60 days from the date of interview or submission of supplemental documents, whichever is later.

If you are interested in applying for a K-1 fiancee visa or a K-3 spousal visa for your fiancee or spouse, please contact an experienced immigration attorney at www.myfianceevisa.com or 626-771-1078.

Fiancee visa India: supporting documents for the interview

The following items should be brought to the US embassy in Mumbai, India for the K-1 fiancee visa interview:

·       A passport.
·       A completed Form DS-230 (part I only) Biographic Data form.
·       Two completed DS-156 (nonimmigrant visa application) forms, and one completed of DS-156K, (supplemental form for nonimmigrant fiancé(e) visa applications). Do not sign the DS-156K supplemental form until instructed to do so by a Consular Officer.
·       Two nonimmigrant visa photos
·       A copy of your official birth certificate
·       Police Certificate
·       Evidence of Support: You must show evidence that you will not become a public charge in the U.S. A completed I-134 Affidavit of Support form along with supporting documents from your sponsor is helpful in proving that your sponsor has sufficient financial resources.
·       Proof of relationship: You will be asked for evidence that you have met your fiancé(e), and for proof of a valid engagement.
·       Proof of the legal termination of any previous marriage: death certificate of spouse, or decree of divorce or annulment
·       Court and prison records
·       Statement concerning your intent to enter into a valid marriage with your fiancé/e within 90 days of your admission into the U.S. Complete. Do not sign this statement until instructed to do so by the Consular Officer.
·       Medical examination.
·       A demand draft for the Visa Application fee 

For assistance with this type of visa, contact an immigration attorney at www.myfianceevisa.com or call us 24/7 at 626-771-1078.

K-2 dependent of K-1 fiancee: supporting docs

Documentary requirements for a K2 visa are similar to those for a K1 visa.
K2 applicants should bring the following documents with them to the interview:


·       A passport.
·       Two completed DS-156 (nonimmigrant visa application) forms. ·       Two nonimmigrant visa photos

·       A medical examination. ·       A copy of the child’s official birth certificate issued by the Registrar of Births and other proof of relationship to the K-1 visa applicant.

·       Evidence of Support: You must show evidence that you will not become a public charge in the U.S. A completed I-134 Affidavit of Support form along with supporting documents from your sponsor is helpful in proving that your sponsor has sufficient financial resources.
·       A demand draft for the Visa Application fee.

To speak with an immigration attorney about bringing over a dependent of your foreign fiancee, contact us at 626-771-1078 or visit us at www.myfianceevisa.com

K-3 and K-4 processing in India

For the K-3 and K-4, the following supporting docs are required:

 ·         A passport
·         Two completed DS-156, Nonimmigrant Visa Application forms
·         Two nonimmigrant visa photos (two inches/50 X 50 mm square, showing full face, against a light background)
·         Police Certificate
·         Court and prison records
·         Birth certificates
·         Registered marriage certificate and other proof of relationship. Note that a deed of marriage is not sufficient proof.
·         Proof of relationship with any child (K-4) visa applicant.
·         Proof of the legal termination of any previous marriage: death certificate of spouse, or decree of divorce or annulment
·         A medical examination.
·         Evidence of Support: You must show evidence that you will not become a public charge in the U.S. A completed I-134 Affidavit of Support form along with supporting documents from your sponsor is helpful in proving that your sponsor has sufficient financial resources.

·         A demand draft for the Visa Application fee.

To speak with an immigration attorney, call 626-771-1078 or visit us at www.myfianceevisa.com

Green card application: changing addresses

If you are not a U.S. citizen, changing your address for legal purposes does not change your address on any application or petition pending with USCIS. Moreover, changing your address on a pending application or petition does not meet the legal requirements of informing USCIS of your change of address. You will need to do both.

With the exception noted above, all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address. You can do that the Electronic Change of Address tool. If you choose to use this online tool, you can complete an electronic Form AR-11 and notify USCIS to update your address on most pending cases. This is the easiest and most convenient way to inform the USCIS. If you choose not to complete an electronic Form AR-11, you will be required to obtain a paper Form AR-11 and mail it to the address shown on the form. This will delay the process of notifying USCIS significantly. Not filing an electronic AR-11 and choosing to mail in a paper AR-11 will not update your address on any applications or petitions pending with USCIS.

Fiancee visa China: obtaining required supporting documents

Most of the documents that a Chinese fiance(e) needs to provide to the USCIS can be obtained from one of China’s Notarial Offices (Gong Zheng Chu). All Chinese documentation to be used abroad is processed through the notary offices and issued in the form of notarial certificates. Notarial offices are located in all major Chinese cities and in rural county seats. These offices are part of the Ministry of Justice structure, but are separate from the people’s court system.

Notaries in China do not perform the same functions as their American counterparts. Chinese notaries affix their signatures and office seal to certificates that attest to the probity of claims made by the applicants. By regulation, notaries are empowered to issue certificates only after they conclude that the applicant’s claims are true. Notarial certificates of birth, death, marriage, divorce, no criminal record and pre-1981 adoptions are, at best, secondary evidence of the events they purport to document. Although these certificates are secondary evidence, they are used because primary evidence is not standardized, is easily forged, and difficult to evaluate. Notarial certificates are easier to interpret than primary evidence and theoretically represent an expert judgment on the part of the notarial official as to the facts documented.

The certificates can be based upon primary evidence, secondary evidence, testimony of the applicant or other parties, or investigation by the notary. For most notarial certificates of birth or adoption, the primary underlying documentation is the household register (HHR) which appears to be extremely susceptible to fraud and manipulation, especially if the holder of the HHR lives outside of a major metropolitan area. Notarial certificates rarely cite the basis for their issuance.

If you need assistance filing a K-1 fiance(e) visa for a Chinese fiance(e), please contact an experienced immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

Fiancee visas China: obtaining birth certificates

Proof of birth is available in the form of notarial certificates, which are secondary evidence. Notarial certificates of birth (Chu Sheng Gong Zheng Shu or Chu Sheng Zheng Ming Shu) for persons living in or recently departed from China are generally reliable, but are best used in conjunction with other evidence. They are most often based upon an AHHR, (Household Record) which is easily susceptible to fraud, especially in villages. Notarial birth certificates for persons long departed from China are most likely based merely upon the testimony of interested parties.

For more information, speak with an immigration attorney at 626-771-1078 or visit our firm’s website at www.myfianceevisa.com

Fiancee visa for Filipinas: Obtaining supporting documents

The following information may be useful for U.S. citizens and their Filipino/Filipina fiance(e)s as they gather documents in the Philippines for the K-1 fiance or K-3 spouse visas.

The National Statistics Office (NSO) is the central repository for civil records.  The National Bureau of Investigation (NBI) is the central repository for criminal records.  Local civil records in many localities in the
Philippines have been destroyed due to war and natural calamities.  Church records, while useful as secondary evidence, are frequently unavailable for the same reasons.  When a specific civil document is unavailable, it is advisable to obtain a certificate of non-availability from the National Statistics Office (NSO).  Local parishes usually issue similar certificates of non-availability. In the absence of primary and secondary evidence, substantiated by replies from civil or church authorities, affidavits from two persons who have personal knowledge of the birth, death, or marriage which is in question are generally accepted.


Documents issued by the NSO and the NBI are preferred.  These agencies have branches and outlets throughout the Philippines.  Documents issued by these agencies are printed on paper with security features.  Documents from these sources are centrally registered and are considered more reliable than documents issued by local registrars.  Applicants should request certificates that are issued with a “CDLI endorsement” (Court Documents and Legal Instruments).  This endorsement shows any amendments to the original document from marriages, annulments, name changes etc.  Unless a CDLI copy is requested, the requester will receive the unamended or original copy of the document. 


If you need legal assistance with your K-1 fiance(e) or K-3 spousal visa application, speak with an attorney 24/7 at 626-771-1078 or visit us at www.myfianceevisa.com

Fiancee visa for Filipinas: Obtaining documents while abroad

For Filipino and Filipina fiance(e)s working abroad, it can be challenging obtaining necessary government-authorized documents for submission to the USCIS in connection with a visa or green card application. Fortunately, the Filipino government has simplified the process through a web-based application. Applicants abroad can obtain documents from the National Statistics Office (NSO) through the “e Census” website www.ecensus.com.ph or by calling
 Documents from the National Bureau of Investigation (NBI) can be obtained from Philippine embassies abroad. Filipinos abroad are required to submit records of births, marriage and deaths to their embassy so they may be recorded with the NSO. If you need legal assistance with your K-1 fiance(e) or K-3 spousal visa application, speak with an attorney 24/7 at 626-771-1078 or visit us at www.myfianceevisa.com
NSO Information Center at (02)737-1111.   There are fees for these services.