Congress created the K-1 fiancé(e) visa in 1970 out of recognition that the existing visa options for couples were insufficient. One option was for the U.S. citizen to go abroad to marry, after which the foreign spouse could apply for an immigrant visa on the basis of the marriage. Another option was for the foreign fiancé(e) to obtain a B-2 (visitor for pleasure) visa to come to the U.S. to marry, but an important limitation is that B2 visas are only available if the foreign fiancé(e) does not intend to immigrate to the U.S. In creating the K-1 visa option, Congress sought to create a method for a foreign fiancé(e) to enter the U.S for purposes of marriage and immigration.
Continue reading “K-1 Fiancé(e) Visa Guide”
A spouse who immigrates based on marriage to a U.S. citizen or lawful permanent resident will be granted conditional resident (CR) status if, at the time of admission as an immigrant, the marriage is less than two years old.
Continue reading “Guide to Form I-751, Petition to Remove Conditions on Residence”
As an immigration lawyer, I’m writing with my first impressions of President Trump’s Oct. 4 proclamation barring issuance of immigrant visas to applicants with no “approved” health insurance.
Continue reading “First Impression of Trump’s Presidential Proclamation Barring Immigrants Who Lack “Approved” Health Insurance”
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).
Continue reading “Choosing the Best Visa Strategy for a Fiancée or Spouse: K-1, K-3, or CR1/IR1 Immigrant Visa?”
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”
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).
Continue reading “New DHS Public Charge Rule”
A member of the U.S. Congress may be willing to inquire with a Federal immigration agency, such as U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS), if you are having problems with your case.
Continue reading “Making a Congressional Inquiry for Help with Your Immigration Case”
USCIS admits that processing times for I-130s for immediate relatives are skyrocketing. Here’s what their historic data shows:
Continue reading “Why Are USCIS Processing Times Increasing for Forms I-130, Petitions for Alien Relatives?”
|FY 2015||FY 2016||FY 2017||FY 2018||FY 2019 (up to Mar. 31)|
|6.1 mo.||6 mo.||7.7 mo.||9.7 mo.||10.3 mo.|
On May 31, 2019, the U.S. State Department updated its immigrant and nonimmigrant visa application forms to request social media usernames from most immigrant and nonimmigrant visa applicants worldwide.
Continue reading “New Social Media Question on Visa Application Forms”
Here’s a reader’s question:
I am a U.S. citizen and have been living outside the U.S. for almost four years for study. I got married a year ago and would like to apply for my husband to immigrate. My question is, can I apply for him while I am outside the U.S.? I have not finished my study, and it is hard for me to go back to the U.S. just to file the forms. Continue reading “Issues for U.S. Expats Filing a Form I-130, Immigrant Petition for Alien Relative”
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.
Continue reading “What Type of China Birth Certificate Is Required for U.S. Immigration?”
Welcome to the Affidavit of Support Help Center. If you feel that you need some help with the Form I-864, Affidavit of Support, you are not alone. Technical errors with the Form I-864 are among the most common reasons for denial of permanent residence applications.
Continue reading “Form I-864, Affidavit of Support: Help Center”
This article gives an overview of the requirements and procedures for foreign-related marriages in China. Local requirements and procedures may vary, so contact local authorities to confirm. Continue reading “Getting Married in China: a Guide for U.S. Citizens”
Here’s a question I’m often asked:
Continue reading “Can I Visit the U.S. While Waiting for My Immigrant Visa?”
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.