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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” The U.S. Supreme Court today ruled that the Defense of Marriage Act (DOMA) is unconstitutional. In essence, the Court said that the Federal government could not treat legally married same-sex couples differently from other legally married couples. What Does This Mean For Immigration Purposes? With this ruling, Gafner Law Firm is confident that the … Continue reading “DOMA Struck Down – Its Impact on Same-Sex Marriage Visa & 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 … 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 … Continue reading “Esitmating When a K-1 Fiance(e) Visa Applicant Can Enter the United States” 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 … 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” 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 … Continue reading “What are the Fiance Visa Requirements (K-1 Visa Requirements)?” 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 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 … Continue reading “Immigration Marriage Fraud May Lead To Jail Time” 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” |
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