Immigration Blog

How Long Does it Take to Get a Fiance Visa?

By |January 5, 2015|

As you start the fiance visa process, you might be wondering how long does it take to get a fiance visa.

Generally, it takes 6 to 12 months to complete the two necessary steps to get a fiance visa.

Step 1: Filing the K-1 Fiance Visa Form with United States Citizenship and Immigration Services (USCIS)

First, you will need to file forms and documents with USCIS. If information/documents are missing or deficient in your application, USCIS may issue a Request for Evidence, which will lengthen the processing time. To look up the most recent processing times, please click here.

Step 2: Applying for the Fiance Visa at the Embassy/Consulate Interview

After USCIS approves Step 1, you will need to apply for the visa at the Embassy/Consulate interview. It can take 4-8 weeks for the Embassy/Consulate abroad to receive the Step 1 application and be ready to process Step 2.

You will be notified by the Embassy/Consulate to continue with your application. Depending on where the foreign national fiance is located, the wait time for an interview at the Embassy/Consulate can be between 2 weeks and 4 months.

Like Step 1, if information/documents are missing or deficient in your application, the Embassy/Consulate may issue a Request for Evidence, which will lengthen the processing time.

When we add up the processing and wait time associated with Embassy/Consulate processing, the total processing time is 2-6 months.

What can you do to speed up the K-1 Fiance Visa process?

Unfortunately, it is difficult to speed up the government’s processing of your case. To have the best chance of a fast and smooth processing, you should ensure that your application paperwork is quickly and properly prepared. Here are a few pointers on avoiding delays in your case:

  • If you are applying on your own, be sure you are very thorough in preparing the application.   While it may take time to research what is needed in the application, making mistakes can cause significant delays in processing your case, and even result in denial.
  • Partnering with a credible immigration attorney is the best way to ensure that your fiance application is prepared and filed in the timeliest manner. It eliminates time spent researching on your own and reduces the risk of mistakes and requests for evidence.
  • If there is an extreme emergent situation, like a serious illness, you can request USCIS to expedite the processing of your case. However, it can be difficult to get an expedite request approved.

For more information about the K-1 fiance visa, please call us at 855-VISANOW.

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What You Need to Know About Applying for a Visitor Visa Extension

By |December 23, 2014|

At some point during their stay, some visitors to the U.S. decide they want to stay longer than what was allotted for on their original I-94 arrival-departure document. If you are a visiting the U.S. and want to stay longer, then you will need to apply for a visitor visa extension. Here’s what you should know before applying for a B2 visitor visa extension.

B2 Visitor Visa Extension Requirements:

  • You must have entered the U.S. lawfully on a nonimmigrant visa.
  • If you needed a passport when you were admitted into the United States, you need to maintain the validity of your passport while in the U.S.
  • If your passport is not valid when you file Form I-539, you will need to submit an explanation for the reason why.
  • You must have proof that you will be financially supported for the duration of your extended stay.
  • You must demonstrate proof that you will not stay past your extension.
  • You must have a legitimate reason to apply for a B-2 extension.
  • You must be admissible to the U.S.
  • You must not have committed a crime that disqualifies you from applying for a visa.

Applying for a B2 Visitor Visa Extension:

  • If you apply for the B-2 extension soon after entering the U.S, USCIS will assume that the extension was planned before entry. Therefore, it is advised not to apply for an extension within 3 months of your stay.
  • Its recommended that you apply for the extension 45 days prior to the I-94 expiration and no later than the I-94 expiration date.
  • You can request a maximum of 6 months for your extension.
  • If you have already been in the U.S. for 6 months, please note that you can only stay in the U.S for up to a year on the B-2.

After Applying for the B2 Visitor Visa Extension:

  • After applying for the extension, USCIS will send you a receipt number. You may use this to track the progress of your application.
  • If your I-94 expires before a decision about your extension is made, you will be considered “out of status”. However, your waiting time will not count as unlawful days in the United States
  • If your extension is approved, you will be issued a new I-94, indicating your new departure date (Hold on to your original I-94, since you will need both when you leave the United States.)
  • If your extension is denied, you will be asked to leave the U.S. immediately. (Usually you are given a 30 day grace period to leave the U.S.)

 

For the best chance of getting you B-2 extension application approved, please contact us at 855-VISANOW.

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B-2 Visitor Visa for Medical Treatment

By |December 22, 2014|

Some applicants for the B-2 Visitor visa seek entry into the U.S. for medical treatment.

If you are looking to come to the U.S. for medical treatment, here are some things that you will need to know before you file your application.

Ties to your country

The most important aspect in any B-2 application is being able to demonstrate strong ties to your country.

Examples of strong ties include:

  • Being employed
  • Owning property
  • Travel history (traveling to foreign countries, then returning home)
  • Familial ties
  • Financial Ties

Documentation

There will be extensive documentation required when applying for the B-2 for medical treatment.

  • You will need to provide a diagnosis from your physician confirming your ailment.
  • You may have to attend an appointment at a U.S. Consular with a physician. They will need to determine if the medical treatment you seek in the U.S. is not available in your home country.
  • An estimated report of the total time and cost of your medical treatment will be required from your physician.
  • Bank statements will be required to demonstrate you have sufficient funds to expense the cost of the medical treatment in the U.S.
  • You will also need to show proof that you can pay for living expenses while visiting the U.S.
  • You must show evidence that you have been accepted for treatment by a U.S. physician and have an appointment.

Some other things to keep in mind..

  • Applicants with contagious diseases may be ineligible for the B-2 for medical treatment.
  • If someone instead of you will be paying for your medical treatment, it must be a close relative and they will need to provide supporting documentation to prove it.
  • It is strongly encouraged that you seek the help of an immigration attorney when applying for the B-2 for medical treatment.

If you have questions about the B-2 visitor visa for medical treatment, please contact us at 855-VISANOW.

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Arizona DACA Recipients are Finally Eligible for Licenses

By |December 19, 2014|

Photo by Gage Skidmore/ CCBY

 

Since August of 2012, DACA recipients in Arizona have been barred from receiving driver’s licenses. This measure has been interpreted as unconstitutional and counterintuitive (since DACA recipients are able to work, but not drive legally) by immigration activist groups such as the Arizona Dream Act Coalition. ADAC filed a lawsuit against Jan Brewer, the governor of Arizona, asserting that her ban on licenses violates the Supremacy Clause and the Equal Protection Clause in the Constitution. Jan Brewer has argued since 2012 that DACA does not equate to legal status so recipients are not entitled to licenses or any state benefits.

The Supreme Court Ruling

On Wednesday, Jan Brewer’s request for the decision to be paused in order to prepare appeals was dismissed. The Supreme Court has now opened the door for over 20,000 immigrants under DACA to register for state licenses and IDs. Though the court hasn’t made a final ruling, and the DMV may not immediately comply, immigrants affected by this are celebrating this groundbreaking event.

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Green Card Cost and Fees

By |December 16, 2014|

Bringing a loved one to the U.S. to get a Green Card can seem like a confusing process. The Green Card process requires that many different forms and documents be submitted and various government fees will need to be paid. It is important to know the cost of applying for a Green Card from start to finish.

These fees are related to a standard Green Card process for a foreign national located outside of the United States. If the foreign national is already located inside of the United States, different fees will apply.

How Much Does a Green Card Cost:

There are five separate government fees that are required to apply for an outside Green Card.

  • $420 for the initial filing of the I-130 (per application).
  • $325 for immigrant visa fee, which will be paid online to the U.S. Department of State after the I-130 is approved and before the consulate interview.
  • $120 for the Affidavit of Support fee.
  • $165 for the USCIS immigrant fee.

All fees outlined above are paid to the U.S government. Depending on your specific situation, there may be additional fees.

Additional Green Card Costs

  • Medical Exam – A medical exam will need to be completed before the consulate interview. Costs vary by doctor and by country. An approximate cost is ~$200.
  • Translations– Important documents such as marriage and birth certificates have to be in English. There are services that will translate these documents. The cost varies but is approximately ~$60
  • Original Documents– If you do not possess originals of certain documents, you will have to order new originals. These can cost up to $40 to replace.
  • Police Certificate– A police certificate is required for any country were the applicant has lived. You will need six months for your country of nationality and your country of residence since the age of 16. You will need at least one year for other countries you have lived in. An approximate cost for a police certificate is $40.
  • Legal Fees– Depending on if you plan on applying on your own or employing the service of an attorney, you may incur legal fees. It is highly recommended to consult with an immigration attorney before applying for the Green Card. This will ensure the best possible outcome.
  • Travel Expenses – Depending on where you are located, you may have to travel to the consulate. Also, anticipate the cost of traveling to the United States after the visa is approved at the consulate.

*The consulate recently increased the required consulate fee.  If you already paid the consulate fee and have a scheduled interview, be sure to visit the Department of State website to see if different rules apply to you.  

For additional questions about green card costs or VISANOW services, contact us at 855-VISANOW. Let us know how we can help!

 

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The January 2015 Visa Bulletin Has Been Released

By |December 10, 2014|

The State Department has released the Visa Bulletin for January 2015.

Here are the priority dates for family-based visas.

Family-Based-Visas-Jan-15

 

The categories for Green Card petitions are as follows:

  • F1: The unmarried sons and daughters of U.S. citizens.
  • F2A: Spouses and Children of LPRs.
  • F2B: Unmarried Adult Children of LPRs.
  • F3: Married sons and daughters of U.S. citizens.
  • F4: Brothers and sisters of adult U.S. citizens.

Once again we saw advancement in each priority date category.

The F1 category saw a three week advancement for China, India and other countries.  There was also a one month advancement for Mexico. The Philippines saw a one week advancement.

The F2A category saw a five week advancement for China, India, and other countries. There was also a seven week advancement for Mexico and a five week advancement for the Philippines.

The F2B category saw an advancement from 2/22/08 to 4/1/2008 for China, India, and other countries. There was a month advancement for Mexico and a two week advancement for the Philippines.

There was an advancement of one week for China, India, and other countries in the F3 category. There was a month advancement for Mexico and a three week advancement for the Philippines.

Finally, in the F4 category, there was a month advancement for China, India, and other countries. A three week advancement for Mexico and a six week advancement for the Philippines.

 

Work-Based-Visas-Jan-15

 

 

The priority dates for employment-based visa are organized into the following categories:

  • EB-1: Priority workers with extraordinary abilities, outstanding professors or researchers, and executives or mangers who have transferred to the U.S.
  • EB-2: Individuals with advance degrees, exceptional abilities, or holding a national interest waivers.
  • EB-3: Skilled workers, professionals, and others who don’t qualify for EB-1 or EB-2.
  • EB-4: Religious workers, broadcasters, Iraq/Afghan translators, Iraqis who have assisted the United States, physicians, Armed forces members, Panama Canal Zone employees, Retired NATO-6 employees, spouses and children of deceased NATO-6 employees.
  • EB-5: Investors who are investing in a new commercial enterprise.

There was a one month advancement in the EB-2 category for China.

There was also a five month advancement in the EB-3 category for Mexico and the Philippines. There was also a nine month advancement in the EB-3 category for China.

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How to Get a Spouse Visa from Outside the U.S.

By |December 9, 2014|

If you have a spouse residing outside of the United States and would like that spouse to relocate to the U.S. permanently, you can apply for a U.S. spouse visa. Once your spouse enters the U.S. on his/her spouse visa, he/she will be a lawful permanent resident and receive a Green Card in the mail.

Read on to learn more about how to apply for a U.S. spouse visa.

Who can apply for a U.S. spouse visa?

  • The spouse of a U.S. citizen or a Green Card holder can apply for a spouse visa.

What does the spouse visa process involve?

Applying for a spouse visa for a spouse located outside of the U.S requires two separate steps, as well as two separate applications:

  • Step One
    • File the I-130 Petition for Alien relative with United States Citizenship and Immigration Services (USCIS).
    • When USCIS approves the I-130 Petition, it will forward the case to the National Visa Center (NVC).
  • Step Two
    • File an Immigrant Visa Application with the NVC.
    • There are financial requirements that need to be met for this step. The financial requirement varies by household size. You can refer to the federal poverty guidelines for more information.
    • When the NVC approves the application, it will forward the case to the Embassy/Consulate where the spouse resides.
    • The spouse will attend an interview at the Embassy/Consulate.

When your spouse is approved for the visa at the Embassy/Consulate interview, the Embassy/Consulate will issue the spouse visa stamp onto your spouse’s passport.

Then, once your spouse enters the U.S. on his/her spouse visa, he/she is a lawful permanent resident, and will receive a Green Card in the mail.

What are the spouse visa processing times?

Processing times for the spouse visa will depend on whether the petitioner/sponsor is a U.S. citizen or a Green Card holder.

For spouses of U.S. citizens, at the time of this writing, the entire two-step process takes about 8-12 months.

For spouses of Green Card holders, the processing time is dependent upon the foreign spouse’s country of origin. The date the I-130 Petition is filed will become your spouse’s priority date. The priority date determines your spouse’s place in line to proceed with Step Two discussed above. You may check the priority dates on the visa bulletin.

Things to keep in mind about the spouse visa:

  • If you and your spouse have been married for less than two years when the Green Card is approved, the Green Card will be issued on a conditional basis for only two years. You can later apply to remove the conditional basis of the Green Card.
  • Having a significant criminal background and/or prior immigration violations can affect the outcome of your spouse’s Green Card application.
  • Applying for a spouse visa is a complicated process. If filed incorrectly, processing times can be significantly delayed or the spouse visa can be denied.
  • Consult with an immigration attorney before applying for a spouse visa to make sure the process goes as smoothly as possible.

If you have additional questions about applying for a spouse visa, contact us today for a free case assessment!

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Four K-1 Fiance Visa Interview Questions to Expect

By |December 2, 2014|

Part of the fiance visa process is to attend an interview at either a US Embassy or consulate. The purpose of the interview is to both verify the legitimacy of the relationship and that you truly intend to marry your fiance(e) 90 days after your entry to the US.

Here are four K-1 Fiance visa interview questions that you should be prepared to answer at your interview.

1) How did you and your fiance meet?

Give a detailed description of how you met. Specify if you met online, in person, or through a friend.

2) What do the two of you have in common? How do you maintain a long distance relationship?

Here you want to discuss what interests, perspectives, and values you both share. Be specific. The immigration officer will be trying to determine how well you know your fiance.

3) How long was it before you decided to get married?

If you and your fiance became engaged in a short time, the officer may want to know what made you two want to get married so quickly.

4) Who proposed to whom and how?

Even if the proposal was not formal, you will want to discuss how the two of you decided to get married.

Things to remember about fiance visa interview questions:

  • Don’t be nervous.
  • Spend some time preparing for the interview to ensure you have answers to the questions.
  • Dress professionally and clean.
  • The officer will be paying attention to your confidence level throughout the interview. It is important for your visa approval that the officer believes your relationship to be true and valid.
  • Keep your answers short and concise and make sure you stress the legitimacy of your relationship.
  • Be sure to answer the officer’s questions thoroughly. If you do not know the answer to the question, you can say “I do not know.”
  • The officer may not know all the answers to the questions he/she asks, but the officer will take note of your body language, responses and comfort level.  Take your time answering each question and take time to think if you need it.
  • For the best chance of being approved, it is highly recommended to have an immigration attorney prepare your application and prepare you for your interview.

Have additional questions about the K-1 Fiance visa process? Contact us today to complete a free fiance visa case assessment.

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Green Card Renewal: What you need to know about Green Card Renewal

By |November 25, 2014|

There are a variety of reasons to renew/replace your Green Card. It is important to have a valid Green Card for identification purposes and for working or traveling.

Reasons to renew your Green Card:

– Your Green Card was lost, stolen, or destroyed.

– Your name has been legally changed since the time your Green Card was issued.

– You are a permanent resident whose Green Card is expired or will be expiring within 6 months.

– You never received your Green Card in the mail.

– Your Green Card was delivered with errors due to USCIS.

– You have an older version of the Green Card, which must be updated

What’s needed to renew your Green Card?

– Form I-90

– $450 application fee, which includes a biometrics fee (in most cases).

– A copy of the Green Card may be required, depending on the reason you are renewing.

– Documentation demonstrating the correct information that should be on your new Green Card, if applicable.

After applying:

– After applying, your application will be in pending status.

– If you need to travel, you can go to a USCIS office to obtain a stamp in your passport verifying that you have a pending Green Card renewal.

– If you are filing to renew your Green Card which was granted before you reached the age of 14 years, you will be required to have your fingerprints taken again.

– New or recent crimes could result in denial of your renewal application or other problems

– Once the Green Card renewal is approved, you will be issued a Green Card valid for 10 years.

What if your green card is already expired or has been expired for quite some time?

You will not be penalized by USCIS if your Green Card is expired. You will be still considered a legal permanent resident. However, if you travel outside of the U.S., and try to re-enter with an expired Green Card, you may experience some difficulty. Also, you may have issues obtaining employment with an expired Green Card. For these reasons, it is important to renew you Green Card as soon as possible.

Note:

If your Green Card was issued on a conditional basis for 2 years, you should not apply for a Green Card renewal using the I-90. Rather, you will need to apply for a removal of the conditions on your card. The removal of conditions process is complicated and varies based on the specific type of conditions relating to your case. If you have questions about the removal of conditions process, feel free to reach out to us at 855-847-2669.

 

For questions about Green Card renewal, contact us at 855-VISANOW.

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The December 2014 Visa Bulletin Has Been Released

By |November 20, 2014|

 

Here is the Visa Bulletin for December 2014

Dec-Family-Based-Visas

The U.S. Department of State organizes Green Card petitions into categories based on the sponsor’s legal status.

The categories for Green Card petitions are as follows:

  • F1: The unmarried sons and daughters of U.S. citizens.
  • F2: The spouses and children of Legal Permanent Residents (LPRs or green card holders).
  • F2A: Spouses and Children of LPRs.
  • F2B: Unmarried Adult Children of LPRs.
  • F3: Married sons and daughters of U.S. citizens.
  • F4: Brothers and sisters of adult U.S. citizens.

Last month we saw advancement in every category and this month is no different. There was a lot of advancement throughout each category.

 

Dec-Work-Based-Visas

 

The categories for employment-based Green Cards are as follows:

  • EB-1: Priority workers with extraordinary abilities, outstanding professors or researchers, and executives or mangers who have transferred to the U.S.
  • EB-2: Individuals with advance degrees, exceptional abilities, or holding a national interest waivers.
  • EB-3: Skilled workers, professionals, and others who don’t qualify for EB-1 or EB-2.
  • EB-4: Religious workers, broadcasters, Iraq/Afghan translators, Iraqis who have assisted the United States, physicians, Armed forces members, Panama Canal Zone employees, Retired NATO-6 employees, spouses and children of deceased NATO-6 employees.
  • EB-5: Investors who are investing in a new commercial enterprise.

Last month there was a major regression for the EB-2 category for India. There was no further regression, but there was no advancement either.

If you are interested in learning more about priority dates, preference categories, and how they work, check out this blog for an overview of the process.

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VISANOW is now Envoy.

As part of our mission to create opportunities for organizations and global talent, we’ve updated our brand and how we communicate our message. In a time when thinking globally is how organizations grow and progress, we help businesses build world-ready workforces.

Envoy’s workforce management platform features premiere tools for navigating the immigration process for all your sponsored employees; knowledgeable Envoy-affiliated attorney and customer support; and resources to help you learn how to become an expert in the global immigration process.

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