Immigration Blog Archives - Page 31 of 39 - VISANOW Global Immigration

Amid government shutdown, House Democrats’ immigration reform bill is unveiled

By VISANOW Contributor|2013-10-31T19:57:42+00:00October 2, 2013|

Despite being in the midst of a U.S. government shutdown, House Democrats gathered on Capitol Hill today to announce their own comprehensive immigration reform bill. The 78-page bill is based on the Gang of 8’s bill that passed this summer. The new bill drops the controversial Corker-Hoeven border security amendment that was added to appease certain opponents of the original Senate bill. In its place is a provision for the Department of Homeland Security to establish a plan for arresting at least 90% of immigrants who try to cross the U.S.-Mexico border.

The Congressional Hispanic Caucus, the New Democrat Coalition, House Minority Speaker Nancy Pelosi, and many other House Democrats joined together to present this bill at a time when it seems that Democrats and Republicans can’t or won’t see eye to eye on any legislation.

The Democrats’ emphasis was on bipartisanship, with multiple representatives repeatedly stating that each part of the bill had bi-partisan support and therefore should be acceptable for House Republicans to consider.

Less than two weeks ago, a bi-partisan group was supposed to produce an immigration reform bill for the House but fell apart due to two Republican members of the group dropping out.

How viable is the Democrats’ immigration reform bill?

Those who monitor the immigration debate are predicting this bill will go ignored by Republicans and is meant more to make a statement about the need for reform than to actually pass legislation. DREAMer activist organization DREAM Action Coalition released a statement today in response to the bill’s release, saying they were “skeptical” and warning that “the path to citizenship should not be used as a political weapon to hurt the other party or kill any chance of reform, including piecemeal legislation.”

The consensus seems to be that Republican House members will not consider an immigration reform effort led by Democrats, but there have been no official statements released from House Speaker John Boehner or other GOP leaders in the House.

Stay tuned for more updates on the House Democrats’ immigration reform bill on Facebook and Twitter.

Which immigration services are functioning during the government shutdown?

By VISANOW Contributor|2013-11-15T22:57:06+00:00October 1, 2013|

Now that the federal government has released more information regarding funding during the shutdown, we have a better picture of which immigration services will be delayed or stopped while the U.S. Congress attempts to reach an agreement on the budget.

The Department of Homeland Security and USCIS

The Department of Homeland Security will retain about 86% of its roughly 231,000 employees, which is a much higher rate overall than the non-defense branches of the federal government (59% employee retention.)

During a shutdown, USCIS fares much better relative to other agencies within the Department of Homeland Security. For example:

88% of Coast Guard and Customs and Border Protection (CBP) personnel remain employed during the shutdown
93% of the TSA remains employed
97% of the 18,000 USCIS employees in 250 international offices will keep working during the shutdown

USCIS is affected less because nearly 95% of the USCIS annual budget is comprised of the fees individuals pay for their immigration applications, services, and benefits. USCIS released the following message in an email alert this afternoon:

“All USCIS offices worldwide are open for interviews and appointments as scheduled. E-Verify is an exception and is unavailable during the shutdown. For more information about how the shutdown is affecting E-Verify please visit www.dhs.gov/e-verify.”

We talked about the temporary protocols for E-Verify cases in our previous blog post about the shutdown.

CIS Ombudsman

The Office of the Citizenship and Immigration Services (CIS) Ombudsman is now closed. CIS Ombudsman provides recommendations and guidance for resolving problems with the USCIS. The CIS Ombudsman works independently of USCIS but falls under the Department of Homeland Security.

The Office of Foreign Labor Certification (certifying work visas and green cards)

A major factor in the anticipated USCIS slowdown will be that the Office of Foreign Labor Certification (OFLC) will be shut down, prohibiting key aspects of processing certain work visas. This includes Prevailing Wage Requests and PERM Processing for employment-based green cards as well as LCAs for visas like the H-1B and E-3. From the OFLC website:

“In the event of a government shutdown, OFLC will neither accept nor process any applications or related materials (such as audit responses) it receives, including Labor Condition Applications, Applications for Prevailing Wage Determination, Applications for Temporary Employment Certification, or Applications for Permanent Employment Certification. OFLC’s web site, including the iCERT Visa Portal System, would become static and unable to process any requests or allow authorized users to access their online accounts.”

As promised, the iCERT and PERM online portals are currently disabled on the OFLC website.

The Department of State

The Department of State is responsible for consular and travel operations related to immigration. The department released this statement regarding the shutdown:

“Consular operations domestically and overseas will remain 100% operational as long as there are sufficient fees to support operations. However, if a passport agency is located in a government building affected by a lapse in appropriations, the facility may become unsupported. The continuance of consular operations in such instances will be treated on a case-by-case basis by the Under Secretary for Management.”

For now, it seems that visa processing through the State Department will be mostly business as usual unless funds are drained unexpectedly. Of course, with a reduction in employees across almost every department of U.S. government, expect delays. We recommend submitting visa applications as soon as possible to avoid delays or in the event funding from existing fees are depleted.

Freedom of Information Act (FOIA) Requests

FOIA requests are often an essential piece of immigration cases for individuals with previous immigration violations or a prior record that may interfere with getting a visa or waiver approved. These requests will no longer be processed. FOIA requests are handled outside of USCIS and are deemed “non-essential” by the federal government, prohibiting many visa applicants from obtaining information about their personal history.

Immigration and Customs Enforcement (ICE)

“ICE Enforcement and Removal Operations, as well as ICE Homeland Security Investigations will remain operational under a government shutdown because they have been deemed law enforcement necessary for the safety of life and protection of property,” spokesperson Gillian Christensen said in a statement. Expect deportations to continue as usual, though court processing times will slow down due a reduction in legal staff.

Social Security Administration (for Immigrants Seeking Work Authorization)

SSA will not be processing applications for new or replacement social security numbers, which will affect those immigrants without social security numbers looking to apply for a driver’s license, get a credit card, or open a bank account. Foreign nationals with U.S. work visas need a social security number to complete the employment eligibility process. Recipients of the Deferred Action for Childhood Arrivals (DACA) program need to apply for a social security number to qualify for many of the plan’s benefits as well.

An update on the U.S. government shutdown

By VISANOW Contributor|2013-11-08T16:55:04+00:00October 1, 2013|

By Jake VanKersen, VISANOW Video Production Specialist

As many of you have no doubt heard, the United States government shut down as of 12:00 AM on 10/1/13, suspending all non-essential government services. Non-essential government services include things like national parks, national zoos, the Smithsonian, and many other national museums. Of course, the list is not just contained to tourist attractions during a U.S. government shutdown. The list of government services that are either completely shut down or partially closed is exhaustive and touches nearly every corner of daily life here in the United States.

For instance, E-Verify, an internet-based system that is used to verify the legal eligibility of new employees is unavailable due to the shutdown. This means that employers and employees alike will not be able to enroll in the system, run reports, or most importantly, verify employment eligibility. The E-Verify Customer Support is also unavailable for the duration of the shutdown.

To minimize the significant disruption that this will have during the U.S. government shutdown, E-Verify has made some modifications to their process. Employers still need to complete the Form I-9, but the “three-day rule” for creating the case is suspended. In addition, the days that the government is closed will not count towards the eight days employees have to contact DHS or SSA.

(For a complete run down of the list, take a look at this one from CNN.)

Although many of its functions will be disrupted, the government will continue to send Social Security and Medicare benefits, staff the Department of Homeland Security, and deliver the mail.

The U.S. government shutdown’s impact on legal immigration services

One of the important things to remember when it comes to a government shutdown is that the duration will have a profound effect on what will happen on a day-to-day basis ““ which includes legal immigration services.

Time will tell whether immigration processing will be specifically impacted, but as of 9:00 AM this morning the State Department has indicated that they will continue to process visas. All embassies are still open as well. Consulates will remain open as long as there are sufficient fees to support operations. We can, however, expect general delays in any immigration-related matters that depend on those areas of the government that have already shut down.

Be sure to watch our newsfeed on Facebook or follow us on Twitter for updates, and post or tweet any questions you might have.

Stayed tuned for more updates on how the U.S. government shutdown will affect specific U.S. immigration services later today.

What happens to immigration services during a U.S. government shutdown?

By VISANOW Contributor|2013-11-04T14:19:44+00:00September 30, 2013|

In just a few hours, the U.S. government will most likely be forced to shut down. We won’t know for sure until tomorrow what will happen to each individual service that falls under the umbrella of U.S. immigration, but we do know a few things based on past government shutdowns and policies in place to protect certain government operations.

Which immigration-related institutions will stay open during the shutdown?

The Department of Homeland Security is still operational. This includes the following services:

Customs and Border Protection
U.S. Coast Guard
Immigration and Customs Enforcement (ICE)
U.S. Citizenship and Immigration Services (USCIS)

U.S. embassies and consulates overseas will remain open, but their primary function is to serve American citizens with travel issues and other emergencies, not to process travel visas or other documents for foreign nationals. Travel visas to the United States will not be processed.

What will happen to immigration processing times at USCIS?

If previous shutdowns are an indicator, USCIS processing times will likely slow down due to dependence on other government agencies that may or may not be operational. No one knows if or how the November 2013 Visa Bulletin will be affected by the U.S. government shutdown at this time. Processing issues are compounded the longer government services stay closed. There is a chance this could significantly affect already delayed PERM processing and LCAs, but we will not know for certain until the shutdown is in effect. Current H-1B holders should not be affected, but there is a chance that filing for new H-1Bs could be delayed.

What about immigration enforcement?

Immigration courts will most likely see a significant reduction in staff, resulting in delays. Immigration detention and border security are considered essential services, so deportations and border enforcement will proceed as usual.

When will we know more about the effects of the U.S. government shutdown?

VISANOW will be posting updates tomorrow morning on Facebook and Twitter as well as on this blog in the event of a government shutdown. As always, we will do everything possible to make sure each immigration case is processed as quickly as possible without any issues, and we will keep you updated as soon as new information is made available.

Is 2013 the last year you can apply for a Diversity Visa?

By VISANOW Contributor|2013-10-31T18:26:50+00:00September 27, 2013|

The harsh reality of U.S. immigration is if you want to start a new life in the United States, there is virtually no way for you to do it without immediate family or employer sponsorship. At best, you might be able to visit the United States through a B-2 visitor visa, which is a temporary (non-immigrant) visa that requires you to leave the country after a maximum stay of 6 months. These visas can be difficult to get approved, with rejection rates for certain countries as high as 60%. Citizens of nations of the Visa Waiver Program can temporarily enter the United States without a visa, but they are subject to the discretion of the border patrol officer and may have their visit cut short or denied at the entry point.

For citizens of qualifying countries that have no employer or family to sponsor them, there is still one small hope for a green card: the Diversity Visa program. The Diversity Visa program awards green cards to around 50,000 randomly chosen applicants from around the world each year who meet a small set of minimum education and work requirements. Diversity visa applicants and awardees must hail from countries that do not have high immigration levels to the U.S.

A few months ago we wrote about why the Diversity Visa program, or “green card lottery” as it is sometimes known, is an often misunderstood but important immigration program that is at risk of being eliminated in the Senate’s immigration reform proposal. With immigration reform possibly coming to a vote soon, there is a very good chance 2013 will be the last year foreign citizens can apply for a Diversity Visa.

How can I apply for the FY2015 Diversity Visa?

The Diversity Visa lottery will continue as usual for the 2015 fiscal year (which you must apply for in October 2013), and the application date is fast approaching. Starting October 1, 2013, the U.S. Department of State begins accepting applications for what might be the last green card lottery ever. The application window closes one month later on November 1, 2013.

The following countries are disqualified for this year’s Diversity Visa program for sending a large number of immigrants to the U.S. over the last five years:

Bangladesh
Brazil
Canada
China (mainland born only)
Colombia
Dominican Republic
Ecuador
El Salvador
Haiti
India
Jamaica
Mexico
Nigeria
Pakistan
Peru
Philippines
South Korea
United Kingdom (except Northern Ireland) and dependent territories
Vietnam

Important things to know about applying for the FY 2015 Diversity Visa green card lottery:

Registration for the lottery is done completely online through the U.S. State Department at dvlottery.state.gov. Paper entries are NOT accepted.
Entering the diversity visa lottery is completely free. Do not listen to scams that tell you otherwise.
Entrants must print and retain their confirmation page so they can check their status when winners are announced.
No lottery entries will be accepted after 12:00pm Eastern Time on November 2, 2013. Apply early to avoid the heavy traffic and website slowdown that can occur at the end of the application period.
Winners will be announced in May of 2014 and the applicant must check their own status to see if they’ve won at www.dvlottery.state.gov.
Beware of scam emails notifying you that you won the Diversity Visa lottery. The U.S. government will not email you to tell you if you are a winner. Legitimate emails will always have the .gov or state.gov suffix.

DREAMers pay it forward by raising funds for DREAMer scholarships

By VISANOW Contributor|2013-11-08T16:56:06+00:00September 26, 2013|

Most college DREAMers have very limited resources. One of our biggest concerns is how to fund for the next school year. There are very few private scholarships out there that do not ask for a social security number. It is difficult for any DREAMer to obtain scholarships because of strong competition with other students, and therefore we have to stand out. My scholarships for the most part are not renewable. That means that every year I have to go on a hunt for scholarships. It is an emotional roller coaster that requires me to learn how to balance school and extracurricular activities. I have to be an outstanding student with building pressure to always earn A’s so I stand out from all the other scholarship applicants. If I accomplish all this, there is still a possibility that I won’t get the scholarship. That’s the struggle we DREAMers face every year. When we are lucky enough to win scholarship money, we still have to fill out a form that asks us for our social security number. This just makes the journey difficult. Some DREAMERS I know do not receive any scholarship money and have been forced to leave school. Others don’t reach their goal of obtaining straight A’s or being involved, so we end up feeling unaccomplished. Even with many new scholarship funds created for DREAMers, many DREAMERs do not have the necessary financial support.

At Northern Illinois University I’m involved in a group called DREAM Action NIU. This group has been my home away from home. We talk about what is going on in the United States related to immigration. It is composed of allies and DREAMERS, including faculty members and other students. One of our major goals is to raise enough money for scholarships for DREAMers we give out at the end of each school year. DREAM Action NIU usually sells food at Latino events and other places that the school lets us. We also fundraise in other ways such as selling t-shirts with our logo.

I wanted NIU President Baker to see the hard work we put into building the funds for the scholarships, so I invited him to a car show on campus where we were fundraising. He attended the event and for the first time met some of the DREAM Action NIU members. He even bought our shirts!

100% of the funds we raise go to DREAMer scholarships. In recent years more faculty members have noticed and now they support us. With hard work last year was the first year we awarded four scholarships of $500 each. As a group we know what a difficult issue this is. DREAM Action provides support to each other. Although we have been successful in fundraising, it is always hard to pick a winner.

It is very difficult to get through each year like this, wondering, “Will I be “˜good’ enough to receive any scholarships? Are the groups I am involved in the right once that will provide me with scholarships?” When I don’t earn an A in my class I feel like the world is coming down on me because that means my GPA is going down. This means I would not stand out when it comes to picking a winner for the scholarships. If I do not receive enough private funds then I will not come back even with all the hard work I put in. NIU has a rule that is essentially, “Don’t ask, don’t tell,” if you are undocumented. They do it to protect themselves, but I cannot express my true struggles and my true needs without disclosing my immigration status. Sometimes DREAMers like me just end up losing hope. It is in those moments we can realize our strength.

Interested in learning more about scholarships for DREAMers and DACA students? Read more here.

Should I apply for Advance Parole if I have Deferred Action?

By VISANOW Contributor|2015-07-08T16:26:35+00:00September 18, 2013|

According to the most recent DACA report released by USCIS, 455,455 young people in the United States have been approved for Obama’s deferred action program, which means that more and more DACA-mented immigrants can now start their futures in college and in their career. For many, the future may require traveling for educational, professional, or personal/family circumstances. Luckily, a DACA approval means you can travel anywhere within the United States, including Alaska and Hawaii and some U.S. territories, as long as the traveler never sets foot in soil that doesn’t belong to the United States during the journey.

For DACA-mented immigrants who wish to travel outside the United States, the only option currently is applying for advance parole from USCIS.

What is advance parole?

The simple answer is that advance parole is a conditional and temporary international travel permit for those with DACA. Advance parole is a special discretionary authority bestowed on the Department of Homeland Security and is usually issued for humanitarian reasons or for public benefit. “Parole” in U.S. immigration is defined as “the authorization to allow an otherwise inadmissible person to physically proceed into the United States under certain safeguards.” Because DACA does not grant lawful status, advance parole is needed to ensure any DACA-mented immigrant who wants to leave the United States for a brief period will have a reasonable chance of being allowed to re-enter.

What is the advance parole application process?

The advance parole application consists of submitting form I-131 to USCIS and paying the $360 filing fee. Applicants are required to prove they need to travel for humanitarian, employment, or educational purposes. Luckily, USCIS defines these categories very broadly and so there can be many different types of qualifying circumstances for advance parole. These circumstances can include family emergencies or funerals, medical emergencies, study abroad programs, academic research, job interviews, and business trips. Travel for pleasure is not a suitable reason to apply for advance parole. Advance parole cases are very discretionary, so the more sympathetic and compelling the case, the better chances it has of being approved.

How does a person with DACA travel once they have advance parole?

Depending on the circumstances, the advance parole applicant might not know exactly when their permission to travel will be granted, so they need to be prepared to leave whenever their approval comes through. A deferred action recipient will need to travel with their Authorization for Parole of an Alien in the United States (I-512L) which they will have to present to the immigration inspector upon re-entry. The individual must make sure they do not stay abroad past the date of the advance parole document unless they want to risk being barred from re-entering the United States.

Advance parole is NOT a guarantee that a DACA-mented individual can re-enter the United States, but it provides a reasonable assurance that the trip will go smoothly. DHS can revoke an advance parole document at any time, especially if the traveler has previous serious immigration issues like a prior removal order. We strongly recommend consulting an immigration attorney before applying for or traveling with advance parole as this is the best way to ensure your DACA status is secure and you will be allowed to return home at the end of your trip.

Learn more about advance parole and DACA with these great resources:

Advance Parole for DACA Recipients from the American Immigration Council
Got DACA, Now What? from the Educators for Fair Consideration

A College DREAMer’s Path to Justice

By VISANOW Contributor|2013-11-08T17:08:03+00:00September 17, 2013|

Last week I had a one-on-one meeting with Northern Illinois University President Baker, who wanted to learn more about college DREAMers at NIU and how to help them. Like a child in a toy store, I was so excited to see his office and the secret balcony that I heard he had. We went through a secret door in his office to the second floor where he has his meetings with the vice presidents of the university. Then we took the stairs to the top level. In the top of the balcony I met President Baker the human being. We talked about the plans he has for NIU, the vision he has for the university, and the 20/20 plan. He didn’t present himself as this high authority, but as a humble man interested in my life. I was shocked; why would a man that has so much power be interested in a DREAMer?

5 Things to Remember When Applying for a Work Visa Outside the U.S.

By VISANOW Contributor|2013-11-08T17:16:29+00:00September 17, 2013|

Here at VISANOW, we encounter many situations in which companies sponsor employees who are applying for a work visa from a country outside the U.S. In these cases, we like to make sure that employees know about the special steps needed to obtain their visa that differ from the process of applying within the U.S.

1. Check your visa stamp expiration date

A valid visa stamp is generally required to enter the U.S. unless you are a Canadian citizen in possession of a Canadian passport. If you are applying for a work visa from outside of the U.S., you may need to have a petition submitted by your employer to United States Citizenship & Immigration Services (USCIS) before you are able to obtain a visa stamp. A petition is a series of forms that is filed with the government to determine a non-citizen’s eligibility to enter the U.S. Visa types that require a petition to be submitted and approved include: H-1B, H-2B, H-3, K-1, K-3, L-1 (non-blanket), O-1, P-1, P-2, Q-1, or R-1. Spouses and children who qualify for dependent non-immigrant classification of a temporary worker do not require a petition to be submitted, and can apply directly at a U.S. consulate for a visa.

2. Know what the DS-160 form is.

The DS-160, titled Online Nonimmigrant Visa Application form, is used when preparing for temporary travel to the United States. This form, composed of primarily biographical information, is submitted electronically to the Department of State, and consular officers use the information entered on the form to process a visa application. This form is very detailed and quite lengthy—the U.S. Department of State’s website estimates a “time burden” of 75 minutes.

3. Schedule your consular appointment ahead of time.

You’ll want to check the wait time to receive an interview appointment at the consulate of your choice. These times vary from consulate to consulate and fluctuate with time as well. You can locate the consulate at which you plan on attending your appointment here, which will direct you to the respective consulate’s website. Each U.S. consulate is different, and the associated processing fee to schedule the appointment varies as well. You can find typical interview wait times on this page.

4. Know what Section 221(g) of the Immigration and Nationality Act is.

If a consular officer deems that you have not provided enough information or documents at your appointment, or if additional processing of your case is required, Section 221(g) of the Immigration and Nationality Act may be invoked. This will put a hold on your case until your eligibility for your prospective visa can be determined. After the 221(g) is issued, the consulate will provide you with instructions on how to proceed.

5. Know that VISANOW can help you out further!

In addition to processing visas that are applied for outside of the U.S., VISANOW can help even more if a “Consular Processing” case is opened. Under this case type, VISANOW will fill out and submit the DS-160 for you, help prepare you for your consular interview, and can represent you as your attorney and communicate with the consulate on your behalf, in the case that a 221(g) is issued or other questions or delays arise.

Is the application process different for same-sex marriage green cards?

By VISANOW Contributor|2016-06-29T12:59:31+00:00September 17, 2013|

Thanks to the repeal of DOMA this June, U.S. citizens and green card holders can now petition their same-sex spouses to reside permanently in the U.S. However, some gay couples are now asking, “Will our marriage green card application be handled differently by USCIS officers because we’re not an opposite sex couple?”

The good news is that gay couples should be treated no differently than the millions of other couples who have applied and been approved for a marriage green card. The green card application for same-sex couples requires no extra steps or special restrictions, so on the surface the process is exactly the same. There are only a few instances where gathering evidence for a same-sex marital relationship might be a bit different, which are outlined here:

Providing evidence of a same-sex marriage if your relationship has not been public

One key difference in preparing the application for a same-sex marriage green can occur when the couple has been forced to pursue roundabout ways to stay united in the face of discriminatory laws and social prejudice. All couples applying for a marriage green card must provide ample evidence that they live together in a marital relationship. Collecting proof can be more difficult for certain same-sex couples who have previously hidden their relationship from the government or from their families for obvious reasons. Additionally, some couples may have represented their relationship differently to the U.S. government in previous immigration documents.

According to VISANOW-affiliated attorney Anne Walsh, “Any issues same-sex couples may face in producing documentation of their true and valid marriage won’t be new to us [at VISANOW], and there are many document options for us to use such as phone records, emails and letters, mail to the same address, photographs, joint travel documents, affidavits by friends/family, etc.” Any and all accounts the couple holds jointly, from museum memberships to a Netflix account, can help build a case for their marriage. If the couple stayed under the radar due to safety threats, a police report or notarized statement could help their case. Regardless of their orientation, all couples must be prepared to provide extra evidence and a suitable explanation to USCIS if a certain area of their application is lacking.

Applying for a same-sex marriage green card when one partner has a non-immigrant visa or is in unlawful status

Because of past U.S. immigration restrictions, there used to be no legal way for U.S. citizens and LPRs to bring their same-sex partner to the United States permanently. There are currently many gay couples with one partner living in the United States on a temporary or non-immigrant visa, including those with expired visas, simply because it was their only option at the time to stay with their significant other.

Applicants can be disqualified from certain types of temporary and non-immigrant visas such as the B-2 and F-1 visa if they reveal their intent to stay in the U.S. In the past, some immigration lawyers advised gay bi-national couples not to marry, since having a legal spouse in the United States would be a good motivation for the applicant to immigrate permanently. Luckily this is no longer the case.

Plenty of opposite sex couples have applied for and won their marriage green card even when the foreign spouse arrived on a temporary visa. USCIS accepts the fact that intentions change as circumstances in your life change, including meeting and marrying someone while in the U.S. for a separate purpose. Unless your visa is expired, there should be no issue.

With expired visas or other unlawful status, there are several options including the provisional waiver of inadmissibility, a complex process for spouses of U.S. citizens with immigration violations that might otherwise bar them from reentering the U.S. Many LGBT and immigrant activist organizations are currently lobbying USCIS to take a reasonable and fair approach to complicated immigration situations that have arisen from previous restrictions on gay marriage in the U.S.

Obtaining a same-sex marriage green card when gay marriage is not legal in your state or in your partner’s country

Immigration is a federal matter in the United States so it’s only important that the federal government recognizes your marriage when dealing with immigration issues. State and local restrictions do not apply here as long as your marriage happened in a marriage equality state.

If the foreign national significant other resides in a country that bans gay marriage and he or she has had trouble getting a B-2 visitor visa in the past, remember that the K-1 visa or fiance visa is now an option. The K-1 fiance visa is available to all U.S. citizens who wish to bring their fiance(e) over to the United States provided they follow all the general rules of a K-1 visa application and marry within 90 days.

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