Choosing the Best Visa Strategy for a Fiancée or Spouse: K-1, K-3, or CR1/IR1 Immigrant Visa?

A U.S. citizen planning to file a visa petition for a foreign fiancée or spouse who is outside the U.S. may have various strategies to choose from. The most common options are the K-1 fiancée visa, the K-3 visa, and the CR1/IR1 immigrant visa. This article analyzes the factors to be considered in choosing among such strategies. (The article does not discuss less commonly used strategies for foreign fiancées and spouses, such as applying for an H-1B or L-1 work visa).

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Top 11 Ways to Prove a Valid Marriage for Immigration

Do you have an immigration case which will require you to prove the validity of your marital relationship to the U.S. Citizenship and Immigration Services or to a U.S. Consulate? For example, are you seeking to (a) immigrate based on a spouse’s Form I-130, Petition for Alien Relative, (b) get a K-1 visa based on a fiance’s Form I-129F, Petition for Alien Fiance, or (c) file a Form I-751, Petition to Remove the Conditions on Residence? This article describes 11 things you can do to better document your relationship. Continue reading “Top 11 Ways to Prove a Valid Marriage for Immigration”

New DHS Public Charge Rule

On August 14, 2019, the U.S. Department of Homeland Security (DHS) published a final rule governing the public charge grounds of inadmissibility, found at section 212(a)(4) of the Immigration and Nationality Act (INA). Unless litigation halts implementation of the rule, it will go into effect after 60 days, on October 15, 2019. Here is a summary, which is based in large part on information provided by the American Immigration Lawyers’ Association (AILA).

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What Type of China Birth Certificate Is Required for U.S. Immigration?

If you were born in Mainland China and are applying for a U.S. green card, you will need to submit a China birth certificate. That’s true regardless of whether you are filing a Form I-485, Application to Adjust Status, with USCIS or are applying for an immigrant visa at a U.S. consulate abroad.

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The Proposed Changes to Public Charge: What You Need to Know

Over the weekend, the Trump administration took steps to radically transform a little-known provision of immigration law that could have an outsized impact on legal immigration. In proposed regulations posted on Saturday, the Department of Homeland Security (DHS) indicated that it would redefine the legal term “public charge” to block green cards for low-income immigrants who receive non-cash public benefits such as Medicaid or food stamps. Continue reading “The Proposed Changes to Public Charge: What You Need to Know”

Trump’s Proposed “Public Charge” Rule Intensifies War on Legal Immigrants

On September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule that if implemented as written, would prevent immigrants from securing lawful permanent residence and remaining with their families in the United States, simply because at any time in the past, they received some type of basic health care support, nutrition assistance, or other vital services. Continue reading “Trump’s Proposed “Public Charge” Rule Intensifies War on Legal Immigrants”

Can I Visit the U.S. While Waiting for My Immigrant Visa?

Here’s a question I’m often asked:

I am married to a U.S. citizen. He has started the process for me to get a green card by filing a Form I-130, Petition for Alien Relative. Once it’s approved by USCIS, I will apply for an immigrant visa at the U.S. Embassy in my home country. Can I visit America while I’m waiting to immigrate? I currently have a valid B1/B2 (visitor for business or pleasure) visa.

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Applying for a B1/B2 (Visitor) Visa as the Spouse of a U.S. Expat

I’ve been asked several times today about how the spouse of a U.S. citizen expat can apply for a B1/B2 (visitor for business or pleasure) visa. The question typically goes something like this:

I am a U.S. citizen. I have lived in China for 5 years. My wife has been denied a U.S. tourist visa twice, once before and once after we married. We rent an apartment here, she has her own business, and I am employed as an engineer for Ford. We don’t want to apply for a green card because we plan to continue to live in China for the foreseeable future. We just want to visit the U.S. For the first visa application, I wanted to introduce my then fiancée to my parents. (My father has since passed away). For the second visa application, I wanted to bring my wife to Boston to attend my brother’s wedding. Is there anything you can do to help?

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Americans Scrambling to Submit Immigrant Petitions for Relatives

Facing a proposed law that slashes family-based immigration, Americans are scrambling to law firms to petition for visas for loved ones abroad to come here. NPR reports that President Trump wants Congress to limit the number of family members who Americans can sponsor to join them in the United States. The proposal has caused panic in some communities. Continue reading “Americans Scrambling to Submit Immigrant Petitions for Relatives”