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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. Adjustment of Status often allows foreign nationals married to U.S. citizens (and living in the United States) to become green card holders (lawful permanent residents) without leaving the United States. The chart below provides a general overview of the process for marriage visas and adjustment of status. To learn more about a person’s eligibility, and to learn more about the different steps, please contact a NYC family immigration lawyer.
The USCIS recently released statistics on its receipts and approvals of the K-1 Visa for Fiances of U.S. Citizens. The statistics, found here, clearly show that many K-1 Visa applicants are being denied or delayed in receiving approval. The immigration statistics show that in the first quarter of 2011, it received 10,592 petitions, but that it approved only 5,270. Further, in the second quarter of 2011, the immigration agency received 12,556 petitions and only approved 9,883 petitions. The large different in numbers show that many couples who are applying for the K-1 visa are not providing all of the required K-1 Visa documentation and evidence that is required. Worst yet, the statistics suggest that many applicants are not eligible for the visa – but didn’t understand the process well enough to realize their ineligibility. If you are a couple who is planning to seek the K-1 fiance visa, please contact the firm. the firm can help you determine whether you are eligible for the petition, and can help ensure that all the required documentation and evidence is provided the first time to USCIS. Why needlessly spend more time a part? Additionally, if you have a K-1 visa denial, please contact the firm. It is often possible to overcome a K-1 visa denial, and to remove or correct situations where an individual has been deemed K-1 visa ineligible.
The Fiance Visa Process (Also known as the K-1 Visa Process) is often misunderstood by K-1 couples. Many K-1 visa couples underestimate the complexity of the K-1 process, and do not realize the length of the multi-stepped process. A general outline of the K-1 fiancee visa process follows. For a more detailed discussion of the K-1 visa process – please contact a K-1 Fiancee Visa lawyer. If you have any questions, please contact a Fiancee Visa Lawyer.
The Board of Immigration Appeals (BIA) has ruled that a K-2 visa holder does not age out. This means that a K-2 visa holder who is under 21 when he or she enters the United States can become a permanent resident – even after turning 21. In the case, the K-2 visa holder entered the United States as a 19-year old. Within a few weeks of entering, his mother married the U.S. citizen K-1 petitioner. The K-1 mother and K-2 son petitioned to adjust status to become permanent residents. The mother was allowed to adjust status. However, the immigration agency would not allow the K-2 visa holder to adjust status and become a permanent resident. When in front of an immigration judge, the K-2 visa holder was not allowed to reapply for adjustment of status because he had already turned 21. The judge determined that the K-2 visa holder had aged out because he was over 21. On appeal, the BIA determined that the K-2 visa holder was eligible to adjust status because he was under 21 when he entered the United States, his K-1 visa holding mother successfully married within 90 days of entering the United States, and he was otherwise eligible. If you are a k-2 visa holder, please contact a k-2 visa lawyer to discuss your options. 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. The BIA Immigration Court recently allowed a former K-1 visa holder to adjust status to lawful permanent status after the termination of the K-1 beneficiary’s marriage to the K-1 Visa petitioner. The K-1 visa holder in the case married the petitioning U.S. citizen spouse within the required 90 days of entering the United States. The K-1 visa holder, however, did not seek permanent residency for two years. When the K-1 beneficiary finally submitted the petition, the USCIS rejected it because the petition had not been filed within two years of the wedding. Subsequently, the K-1 couple divorced. The Board of Immigration Appeals (BIA) determined that the USCIS’s reason for the denial was not based on law, and decided that the K-1 beneficiary’s adjustment of status application should be redetermined despite the couple’s divorce. The facts of the case are very specific, and similarly situated individuals should contact a K-1 visa lawyer to discuss what options might be available. If you have a K-1 visa question, please contact Gafner Law Firm
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One Penn Plaza, 36th Floor New York, NY 10119 646.571.8472 K1K3VisaLawyer.com is maintained by Gafner Law Firm, a full service New York City Immigration Law Firm. Aside from assisting clients with K-1 fiancee visas, the firm also assists with EB 1-A Extraordinary Ability Visas, EB 1-B Outstanding Professors and Researchers Visas, Naturalization applications, and most other immigration matters. The firm is capable of assisting immigration clients in New York City, the rest of New York State, California, Florida, New Jersey, Connecticut, Rhode Island, Texas, New Mexico, Arizona, Oregon, Washington, Idaho, Montana, Wyoming, Nevada, Utah, Colorado, North Dakota, South Dakota, Minnesota, Wisconsin, Illinois, Iowa, Nebraska, Kansas, Oklahoma, Louisiana, Arkansas, Missouri, Indiana, Ohio, Kentucky, Tennessee, Mississippi, Alabama, Georgia, South Carolina, North Carolina, Virginia, West Virginia, Washington, D.C., Maryland, Pennsylvania, Delaware, Vermont, New Hampshire, Massachusetts, Maine, Hawaii, Alaska, and most other places throughout the world. Disclaimer. Communication Policy. Statement of Client Rights. Environmental Policy. Attorney Advertising. Website is for Informational Purposes Only. Prior Results Do Not Guarantee Similar Outcomes. K-1 Fiancee Visa Lawyer. K-3 Marriage Visa Lawyer. Fiancee Visa Lawyer, Spouse Visa Lawyer, K-2 Visa Lawyer, K-4 Visa Lawyer, k1 visa, k3 visa, k1 fiancee visa, k3 spouse visaPowered by WordPress & Atahualpa |
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