In the case, the K-2 visa holder entered the [...]]]> 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.

In these instances, the K-1 status holder sometimes either intentionally or unintentionally [...]]]> Relationships do not always work out the way that people expect.  Sometimes individuals enter the United States on the K-1 visa, but do not marry the K-1 petitioner.   This is often because a couple decides that they do not wish to be married.

In these instances, the K-1 status holder sometimes either intentionally or unintentionally remains in the United States.  Often this is because he or she does not have the ability to leave the United States due to lack of funds.   As time goes by, the K-1 beneficiary eventually finds another person whom they fall in love with and decide to marry.

When this happens, the question immediately arises, can the K-1 visa beneficiary marry another U.S. citizen?

The INA specifically states that a K-1 visa beneficiary cannot adjust status and become a permanent resident based upon marriage to a person other than the original K-1 visa petitioner.  INA 245(d).

The Department of State recently released the following K-1 [...]]]> If you are reading this, you probably know what the K-1 visa is.   You are also probably thinking about applying for a K-1 visa for your significant other.  If so, you may want to know how many other individuals are in the same position as yourself.

The Department of State recently released the following K-1 visa data:

The U.S. does not limit the number of K-1 visas issued each year.  Rather, a couple is eligible as long as they are able to meet the K-1 visa requirements.

If you are seeking a K-1 visa attorney, please contact Gafner Law Firm.

The change in address is meant to [...]]]> The USCIS recently announced that all K-1 fiance visa petitions must now be filed at the USCIS Dallas Lockbox.  This change is effective immediately and failure to send the K-1 petition to the right address may result in the immiediate return of the K-1 petition to the petitioner.

The change in address is meant to streamline the USCIS processing of the fiancee visa.  K-1 petitioners who file at the new location will now be able to receive email notification of the immigration agency’s receipt of a petition.

The new filing addresses are as follows:

The USCIS Dallas Lockbox

For U.S. Postal Service:

USCIS
P.O. Box 660151
Dallas, TX 75266

For Express mail and courier deliveries:

USCIS
Attn: I-129F
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067

When a couple pursues a fiance visa (or fiancee visa), the couple must first pay a $455 fee to [...]]]> Starting June 4, 2010, all K-1 visa applicants will be required to pay a fee of $350 when they apply for a visa interview at their country’s U.S. Consulate.  The previous fee cost was only $131.

When a couple pursues a fiance visa (or fiancee visa), the couple must first pay a $455 fee to the US Citizenship and Immigration Services to process their I-129F form.  Once the I-129f form is approved, the K-1 visa applicant must apply for a visa interview at his or her country’s U.S. Consulate.  At this point is where the couple will need to pay the newly increased fee of $350.

The K-1 visa’s fee increase is apart of a overhaul of all nonimmigrant visa fees by the Department of State (DOS).  DOS has created a tiered payment level system, whereas all visa applications previously had a fee of $131.  The DOS is justifying the fee increase on the increased costs for completing the necessary security background checks (and other checks) needed before an applicant can be issued a K-1 visa.  The K-1 visa fee is the second most expensive fee in the new tiered system.

Unfortunately, this increase only means a couple must come up with additional money in an already expensive process.  In addition to the fees mentioned above, a couple will need to pay government fees of over a thousand dollars once the couple is in the United States and married.  These increased costs only add to the prudence of retaining a knowledgeable fiance visa lawyer to assist in a K-1 visa case.  If a couple makes a mistake, they may be forced to pay some, or all, of these fees again.  Guessing along the process just doesn’t pay off.

To read the Department of State’s statement on the fee increase, please visit:  http://www.state.gov/r/pa/prs/ps/2010/05/142155.htm.