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In June, the US Supreme Court determined that the Defense of Marriage Act (DOMA) was unconstitutional. Within days, the USCIS and several other federal agencies indicated that it would begin treating same sex married couples the same as heterosexual married couples. Although it was a bit longer in coming compared to the USCIS, the Department … Continue reading “State Department FAQ on Same Sex Immigration Benefits” 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 … 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 … 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 … 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 … Continue reading “What Do I Need To Show Besides My Employment Authorization Card?” 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 … 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 … Continue reading “When K-1 Visa Holders Arrive In The United States” 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 … Continue reading “K-1 Visa Documentation Requirements Increase At Vermont Service Center” 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 … Continue reading “Are You Engaged to a U.S. Citizen? Frequently Asked Questions” The USCIS has issued its AAO processing times report for July 2011. AAO stands for Administrative Appeals Office and is the part of the immigration agency that reviews appeals to certain immigration decisions made by the immigration agency. A few of the more popular immigration categories are listed below (along with the processing time): K-1 … 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 … Continue reading “What Are The Steps in the Fiancee Visa Process?” 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 … Continue reading “K-2 Visa Holders Do Not Age Out – Board of Immigration Appeals Rules” 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 … Continue reading “District Court In Oregon Throws Out K-1 Visa Lawsuit” 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 … Continue reading “Immigration Judge Adjusts Status For “Aged Out” K-2 Status Holder” The Immigration agency has announced plans to adjudicate all marriage and fiance(e) visa applications subject to the Adam Walsh Act at the Vermont Service Center. The Adam Walsh Act requires that the Immigration agency affirmatively determine that a Petitioner will not be a risk to an immigration beneficiary, if that petitioner has been convicted of … |
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