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How Many K-1 Visa and K-3 Visa Holders Entered the United States in 2010?

admin — Tue, 20 Dec 2011 17:52:28 +0000

The U.S. Department of Homeland Security recently published statistics on how many foreign nationals entered the United States in 2010 on the K-1 fiancee visa and the K-3 marriage visa. In 2010, 30,445 k-1 fiance visa holders and K-3 spousal visa holders entered the United States . Both of theses are significant increases from the previous year.

Fiscal Year	K-1 Fiancée Visa	K-3 Spousal Visa
2010	30,445	25,615
2009	27,754	12,937
2008	29,916	12,849

For more statistics, check out the DHS website and report.

Marriage Visa Process If Outside Of United States

admin — Tue, 30 Aug 2011 16:52:37 +0000

Generally speaking, the following is the process for obtaining a marriage visa if the foreign national spouse is living outside of the United States and the American spouse is living in the United States. If you would like to discuss the process of your specific Marriage visa case, please contact the firm.

USCIS To Review Change Of Overseas Filing of Marriage Visa, Expedited Processing Possible?

admin — Tue, 23 Aug 2011 16:04:19 +0000

As the K1K3 visa insight blog recently noted, beginning August 15th, most overseas marriage visa petitions must now go through the USCIS and cannot be filed locally. In response to the change, the USCIS received many complaints about how the process will be slowed down because of the change. In a tacit agreement with the complaints, the USCIS has agreed to monitor the change over for the next 90 days. Additionally, the USCIS has suggested that it may over expedited processing to marriage visa applicants who are affected by the change in policy.

To learn more, contact this marriage visa law firm.

The Consequences of Marriage Fraud in K-1 Visas and Spousal Visas

admin — Tue, 03 May 2011 13:32:09 +0000

Last month the U.S. sentenced a (once) rising Mexican actress to 30 days of prison for committing Immigration Marriage Fraud. The sentence highlights the real consequences that face those individuals who seek to gain entrance into the United States through a sham marriage. Facing five years of prison for their crimes, the couple both took plea agreements. Both are reported to have thought they would avoid jail time by taking a plea agreement – however the Judge ordered them both to serve 30 days of jail time.

Worse yet, the actress is currently in immigration proceedings, and will likely be removed from the country.

The United States zealously examines all individuals seeking immigration benefits based upon their marriage to a United States Citizen. Unfortunately, sometimes they are overzealous in their suspicion of immigration fraud and couples in good faith relationships get caught up in an immigration spider web. Simply telling an immigration official that you have a good faith relationship is not enough.

If you are a couple who seek to gain immigration benefits in the United States, please contact a K-1 Visa attorney or K-3 Visa attorney to ensure you receive the immigration benefits you are entitled to receive.

Should You Marry on a Tourist Visa?

admin — Tue, 13 Apr 2010 00:38:19 +0000

Many couples believe that a foreign national fiance (or fiancee) can simply enter the United States on a tourist visa, get married and then stay in the United States without leaving the United States and without facing any consequence. This idea is very appealing to couples as they do not want to wait for six months to a year for a K-1 fiancee visa or K-3 spousal visa to be approved. They are in love, they want to be married, why shouldn’t they be allowed to quickly be together?

Unfortunately, reality is often very harsh to those couples who decide to forgo the K-1 fiancee visa and K-3 spousal visa. Often a couple will be accused of making a misrepresentation while they were applying for a visa and/or entering the United States. The immigration agency often concludes that the foreign national’s temporary visa application intentionally hides the fact that he or she has a U.S. citizen spouse, fiance, or fiancee. When a person applies for a tourist visa (or a student visa, or most other visas) he or she is seeking a temporary visa and is expected to leave the United States at the conclusion of his or her authorized stay.

If a couple is found to have misrepresented their relationship, the foreign national spouse will likely be required to leave the United States, and may face immigration consequences for the misrepresentation – including the possibility of being barred from entering the United States.

As you can tell – it isn’t wise to forgo the K-1 fiancee visa or K-3 spousal visa. If you are marrying a U.S. citizen, or if you are already married to a U.S. citizen, please contact a family immigration lawyer to assist in your immigration to the United States.

K-1 Visa Does Not Convert To K-3 Visa

admin — Wed, 20 Jan 2010 12:37:14 +0000

The K-1 process is long and often tests the will of many couples who simply want to marry each other. An unfortunate result of the delay is that many couples who have filed a K-1 visa decide to get married before the K-1 visa is approved These couples, who just want to get married, wrongly believe that they can simply change their K-1 visa into a K-3 visa. The K-3 visa allows for a spouse of a U.S. citizen to enter into the United States. Unfortunately, the K-1 visa cannot be changed to a K-3 visa. In fact, a K-1 visa will be denied if a couple gets married before the K-1 visa is approved (or if the couple gets married before the foreign national enters the United States on a k-1 visa).

K-1 visa lawyer Chris Gafner recently reviewed a K-1 visa opinion where a couple got married before the K-1 visa was approved. In the opinion, the Yemeni fiancee and the U.S. Citizen got married before the K-1 visa was approved and had their I-129f application denied. It is unfortunate that the couple suffered because they simply wanted to get married. If you are planning on filing a K-1 visa, please consult a K-1 visa lawyer to ensure that you don’t make a similar mistake. The opinion is available on the USCIS website. Mr. Gafner took no part in the case.