Effective January 1st, 2012, the USCIS will accept stand alone I-130 petitions at two of its lockbox locations – based upon location of the petitioner and beneficiary. Family-based immigration applicants use the I-130 petition to file for immigration benefits. Thus, the form is used by spouses of a U.S. citizen, children of a U.S. citizen, parents of U.S. citizen, and siblings of U.S. citizen.
Both the Chicago and Phoenix lockbox will know accept the I-130. However, if the I-130 is not filed “standalone”, then the filing location will differ. Failure to file at the correct location will probably result in the petition’s delay (and its possible rejection).
If you are seeking to file an I-130, please contact a family immigration lawyer.
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.
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Fiscal Year
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K-1 Fiancée Visa
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K-3 Spousal Visa
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2010
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30,445
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25,615
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2009
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27,754
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12,937
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2008
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29,916
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12,849
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For more statistics, check out the DHS website and report.
It happens more often then you would expect. In a rush to start their life together, a couple rushes off to file a K-1 fiancee visa petition without bothering to wait for a divorce to be finalized or without bothering to get a divorce. The couple tries to rationalize their decision – the marriage “ended” so long ago, no one really cares, I never speak to my spouse, I don’t even know where he or she is, etc. Then, as the months go by and the couple waits for a decision, they start hoping – maybe the immigration agency won’t notice the previous marriage, maybe it won’t matter, maybe I can fix it if they catch it.
Unfortunately, when the K-1 fiance couple finally gets a decision from the immigration agency, it tells them that the divorce needs to be finalized, that there is no correcting it now, and that it cannot be brushed over and ignored. The immigration agency does care – it wants its i’s dotted and t’s crossed. All of them.
Instead, the couple must start over…from step one. Worse, they have to wait apart for longer than necessary. If you are thinking about applying for a fiance visa, make sure to consult a fiancee attorney – a couple’s time together is much more important than cutting a few corners and doing it the cheap way.
There is a lot of information out there about what, and what is not, required for the K-1 Fiance visa. You may be confused by it. The following is meant to be a straight forward, no-nonsense, statement of the fiancee visa requirements. If you have additional questions after reading it, please contact a New York fiancee visa lawyer. The firm is able to assist K-1 visa clients throughout the United States and the world.
K-1 Fiancee Visa Requirements
- Both the U.S. Citizen petitioner and the foreign national beneficiary must be free to marry at the time the petition is submitted.
- Both the U.S. citizen petitioner and the foreign national beneficiary must be able to marry each other in the state where they plan to reside.
- Both the petitioner and the beneficiary must be ready to marry within 90 days of the beneficiary’s entrance into the United States.
- The petitioner and beneficiary must have a good faith relationship with each other (and be able to demonstrate it).
- The petitioner and beneficiary must have physically seen each other within the two years immediately before the petition is filed.
Further Explanations:
1. Both the K-1 Petitioner and K-1 Beneficiary Must be Free to Marry
This means that at the time the petition is filed, both individuals must be single. Any divorces must be finalized before the petition is submitted.
2. Both the K-1 Visa Petitioner and Beneficiary Must be Able to Marry In the State Where They Plan to Reside
The couple must be able to marry in the state where they plan to reside. This means that they must fit into a particular state’s marriage laws. For example, both must be of legal age in the state, and must not violate any of the state’s incest laws.
3. Both the petitioner and the beneficiary must be ready to marry within 90 days of the beneficiary’s entrance into the United States
Both must be willing and ready to marry withing 90 days of the beneficiary entering the United States. The visa is not meant to provide a “trail period.” When the petition is filed both should be committed to being married once in the United States.
4. The petitioner and beneficiary must have a good faith relationship with each other (and be able to demonstrate it)
It will be necessary to demonstrate to the immigration agency and the consulate interviewer that the couple has a good faith relationship with each other and plan to marry based on reasons other than immigration-based.
5. The petitioner and beneficiary must have physically seen each other within the two years immediately before the petition is filed
The law requires that a couple physically see each other within the two years immediately before a K-1 Visa petition is filed. This is a strictly enforced policy – it is not sufficient to have seen each other three years ago, or immediately after a petition is submitted. The encounter must be within the two year period. There are two exceptions to this requirement: if the visit would cause extreme hardship to the petitioner, or if the visit would violate traditional customs.
To learn more about applying for a K-1 Fiancee visa, please contact the firm.
A common question I hear from couples seeking to bring a foreign national fiance to the United States is whether the U.S. accepts marriages performed overseas? Couples ask this question because they want to know what is the fastest and least expensive way to bring a foreign national fiance into the United States so that they can start their family together. Many wonder: is it better to marry overseas or obtain a fiance visa and marry in the United States.
Generally speaking, the United States Immigration agency does accept marriages that are performed overseas. To be valid, however, the marriages must be legally valid in the place where the marriage occurred. Additionally, they cannot violate public policy in the United States. For example, the U.S. doesn’t accept polygamist marriages or marriages involving child brides.
Contact the firm if you have a question for a New York fiancee visa lawyer. It doesn’t matter where in the world you are located – the firm is able to help.
In a word: Very!
Many K-1 visa applicants often ask if it is okay if they have not seen each other in two years. Many think it is okay – especially when a couple has known each other for many years, have seen each other, and have even lived together for a time. Unfortunately, that is not the case.
The USCIS is very strict at requiring a K-1 visa couple to meet during the two years immediately prior to filing the K-1 visa. It is not sufficient to meet after the petition is submitted, or to have meet two years and one day prior to filing the K-1 fiance visa. A couple must meet within the two years immediately before the application is filed.
The USCIS does provide for two types of waiver to the two year meeting rule: the extreme hardship waiver and the cultural prohibition waiver. However, both are difficult to obtain, and a consultation with a fiance visa lawyer should be scheduled.
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.
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.
A common urban myth is that it is easy to gain permanent residency in the United States by marrying a U.S. citizen. Further, popular culture glorifies the idea of couples gaining a green card through fake marriages (commonly referred to as sham marriages). How many movies can you name with that scenario?
However, nothing can be further from the truth. Marrying a U.S. citizen does not guarantee that you will receive permanent residency in the United States. Even if the marriage is not a sham, there are still many barriers to becoming a permanent resident.
Additionally, the immigration agency has ways of figuring out if you are in a genuine relationship or if you are in a sham marriage. In fact, each year there are numerous news stories of individuals who are caught by the immigration agency. For example, the immigration agency recently arrested 13 individuals involved in a sham marriage conspiracy involving individuals from Armenia, Russia and Uzbekistan
Another urban myth is that in a sham marriage, only the foreign national risks penalty. That is not the case, U.S. citizens can (and do) face penalty for their actions. These penalties include fines and jail time.
Don’t let the urban myths fool you – entering into false marriages is illegal and can carry harsh penalties.
Effective August 15, 2011, all marriage visa petitions filed by petitioners living outside of the United States will need to be filed at an immigration agency “lockbox” in Chicago. This is a major change for marriage visa petitioners and beneficiaries who both live outside of the United States. Previously, many such marriage visa couples could apply directly with the local U.S. embassy.
Now, with few exceptions, marriage visa petitioners must file with the immigration agency. This change is meant to lower the immigration agency’s costs by making the process centralized and efficient. Unfortunately, this change will most likely slow down the process for many applicants. Due to the lengthening of wait time, it is even more important to contact a knowledgeable marriage immigration attorney to make sure the process is done correctly the first time.
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Fiance(e) and Spousal
Visa Insight
Fiance(e) and Spousal Visa Insight is maintained by Immigration Attorney Chris Gafner is meant to shed light on frequently asked fiance and spousal visa questions, and to highlight current immigration issues. If you would like a specific topic discussed, please contact the firm.
This blog, like the rest of this website, is not legal advice.
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