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Marriage Visa vs. Fiancee Visa

As an immigration lawyer who handles many marriage and fiancee visa applications, one of the most common questions that is asked of me is: should a couple apply for the fiancee visa or just get married and apply for the marriage visa?

For couples who do not care where or when they are married, this …

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Esitmating When a K-1 Fiance(e) Visa Applicant Can Enter the United States

Potential clients always ask, “How long does the K-1 fiancee visa process take to get?” or “When will my fiance(e) be able to enter the United States?”

It is perhaps the most important question that potential applicants ask. And why shouldn’t it be? The applicants want to start living together and having a life together …

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Second Circuit Confirms K-1 Visa Holders Can Only Adjust Status Through Original K-1 Petitioner

In Caraballo-Tavera v. Holder, the Second Circuit confirmed that individuals who enter the United States as K-1 visa holders cannot adjust status (aka become a green card holder) except through marrying and adjusting status through the original K-1 visa petitioner.

In the case, the applicant had entered the United States as a K-1 visa holder …

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K-1 Fiance Visa Costs

During every initial consultation with a K-1 fiance visa applicant, the question of money and costs comes up. It is an important topic and many applicants simply do not know all of the costs required for a K-1 Fiancee Visa applicant.

Before starting the fiancee visa process, please review the following cost discussion. To best …

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What Do I Need To Show Besides My Employment Authorization Card?

Many of my Marriage Visa and Fiancee Visa clients are all too excited when their employment authorization cards arrive in the mail. With it they can start working and contributing to their newly formed family’s bottom line. Unfortunately, many companies and human resource departments are not familiar with the employment authorization card, and many individuals …

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Consulate Visa Fees Change

Effective April 13, 2012, the visa fees required by the State Department will change. The new fees represent both an increase and decrease in certain fees. Of note, marriage visa fees will decrease from $330 to $230. Additionally, the K-1 fiancee visa fee will decrease from $350 to $240. Most nonimmigrant visa …

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When K-1 Visa Holders Arrive In The United States

In the rush to get foreign national fiances and fiancees into the United States, U.S. citizen sponsors sometimes do not realize, or just simply over look, what steps must be taken once a loved one enters the United States on a K-1 fiance visa. the following are a few of the steps that must be …

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What are the Fiance Visa Requirements (K-1 Visa Requirements)?

What is required for the K-1 fiance visa? There is a lot (a lot) of information out there. If you are confused by it, the following is meant to be a straight forward explanation of what the basic requirements are. For additional questions, please contact a New York City K-1 Visa lawyer. It doesn’t matter …

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K-1 Visa Documentation Requirements Increase At Vermont Service Center

The Vermont Service Center has announced that it has heightened its requirements for K-1 fiance visas processed at the service center. Specifically, the service center will now require more documentation that a couple has met during the two years immediately preceding the filing of the K-1 petition. With the heightened requirements, many K-1 fiancee visa …

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Are You Engaged to a U.S. Citizen? Frequently Asked Questions

Congratulations on your recent engagement. You probably have a lot of planning to do …and a lot of questions that need to be answered. If you are marrying a U.S. citizen, here are the answers to some common marriage visa questions. If your question is not answered below, get it answered by contacting a marriage …

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What Are The Steps in the Fiancee Visa Process?

The K-1 Visa (Fiancee Visa) Process is easily misunderstood and underestimated by many K-1 couples. They simply do not realize the many steps that are necessary for the process – and the length of the process. The following is meant to provide a general outline of the K-1 fiancee visa process. For a more detailed …

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K-2 Visa Holders Do Not Age Out – Board of Immigration Appeals Rules

The Board of Immigration Appeals (BIA) has recently ruled that a K-2 visa holder who had been under 21 when he entered the United States could adjust status – even after turning 21.

In the case, the K-2 visa holder entered the United States with his mother when he was 19 years old. Within a …

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Immigration Marriage Fraud May Lead To Jail Time

The U.S. sentenced a Mexican soup opera star to 30 days of jail for entering into a sham marriage and committing Immigration Marriage Fraud. Marriage fraud has real consequences and individuals who are thinking about it should know that both the U.S. citizen and the foreign national face up to five years in prison (and/or …

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District Court In Oregon Throws Out K-1 Visa Lawsuit

A Federal District Court in Oregon has thrown out a class action lawsuit that was filed there by K-1 visa Petitioners and Beneficiaries. The K-1 visa allows for foreign nationals to immigrate to the United States to marry their U.S. citizen fiance(e)s.

The lawsuit was brought because of perceived injustices against K-1 visa applicants by …

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Immigration Judge Adjusts Status For “Aged Out” K-2 Status Holder

An immigration judge in Charlotte, North Carolina has allowed a K-2 status holder to adjust status to permanent residency despite the K-2 holder having turned 21 before the adjustment of status application’s submission.

K-2 visas are issued to minor children of K-1 fiance(e)s of U.S. citizens. To qualify for the K-2, the child must be …

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