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The Fiancée Visa Application Process and How to Get Your Green Card as a Former Fiancé(e) Non-immigrant

If you are the fiancé of a U.S. citizen, you can apply for a visa in order to travel to the U.S. and perform your marriage ceremony. After your 90-day fiancée visa expires and you are married to a U.S. citizen, you can apply for a change of status to become a permanent resident with a green card.

The application process has a few steps you can follow below:

1. The U.S. citizen partner should file a petition for fiancée non-immigrant. This form has a filing fee of $340 and will require you to submit documentation of your relationship with your partner, documentation of the petitioner’s citizenship status, family-based immigration forms, biographic information, and any past immigration history. Applicants who have petitioned for 2 or more K-1 visas in the past must file for a waiver in order to be eligible to apply for any additional fiancé visas. You should file this form with the U.S. Citizenship and Immigration Services lockbox in Dallas. Take care to address your application, completely fully and correctly, to the correct location. The fiancé visa application cannot be processed at local USCIS offices abroad or in the U.S. Failure to submit your petition to the correct destination may result in a long delay in your review process.

2. After your fiancé visa is approved, travel to the U.S. and perform your marriage ceremony as soon as possible to avoid violating any immigration laws. Your fiancé visa is only active for a duration of 90 days. After this period the visa will expire and you will be required to depart the U.S. if you are still unmarried. If you remain present in the U.S. on an expired visa you may prompt removal or deportation proceedings which can negatively affect your chances to immigrate in the future.

3. After travelling to the U.S., the immigrant party is eligible to apply for employment authorization. The citizen partner does not need to petition for employment authorization on behalf of the immigrant. If you have K-1 non-immigrant status and want to work, you can file this form with USCIS. There is a filing fee of $380.

4. After you and your spouse are married, the immigrant spouse can file for a change of status to conditional permanent resident. In order to be granted resident status there must be a visa readily available to you. At first, your green card will be on a conditional basis, which means it does have an expiration date. You should file separately for your immigrant children. Each application for change of status has a filing fee of $985. After your petition for residence in approved, you can live legally in the U.S.

5. You can file a waiver to have the conditions taken off of your green card and have your permanent resident status instated. If you do not choose to waive the conditions to your residence, it may expire or be limited. While living on a conditional green card, you should look into immigration law to ensure you do not violate the conditions of your residence. Any conditional resident children can be included on the main applicant’s waiver for unconditional residence.

For more information and help with getting a visa or green card, contact immigration attorney Phillip Kim.

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Beware of Imitation Immigration Help Sites

 

The Internet provides people worldwide with much needed information and services. When it comes to immigration law, there is no shortage of websites that seem to offer harmless help.

In actuality, some sites are owned by unqualified, private businesses that seek to make a profit from unexpected users. Unlike our web services, some websites provide forms and claim that the cost of filing forms is much more expensive than it already is.

Immigration websites that provide forms and paperwork, but do not end in .gov may not be trustworthy sources. Some sites ask you to pay a fee, but it may not be the fee required by USCIS. So while you are paying for immigration services, the payment is not going to USCIS. Instead it is going to a personal business that is not legally qualified to provide you with information. Additionally, sites might offer incorrect or dated information about immigration processes. This will delay your case and may even result in a denial of your request for a visa or other document.

Particularly, we want our readers to take caution when websites claim to be “official” government sites. Often, these sites attempt to secure payments as “legal fees”. These sites may even gain your trust by charging an amount that USCIS would normally charge for the filing of a certain form. Whenever you are unsure about a website and the services it offers, contact an immigration attorney to ensure that you are on the right track.

When you use fraudulent websites to file claims and seek information about the legal process, you are jeopardizing your chance at being granted U.S. citizenship. Immigration has a lot to do with good timing – you have to apply for certain documents at the right time and if you miss a deadline, you may have missed your chance at becoming a legal resident of the United States (for example, once you have passed the age of 21, applying for a green card through a family member becomes a far lengthier process and sometimes impossible). When time is of the essence, it is very important to make sure that every step of the application process is reviewed by an attorney who has been authorized by the state bar.

While online sites may seem helpful and accommodating, when you are facing an issue as serious as deportation or family immigration, you do not want to make the mistake of trusting sites that are run by unqualified personnel. This blog is designed to give you accurate, up-to-date immigration information.

Rather than risk the use of imitation immigration sites, contact Attorney Phillip Kim for up-to-date and reliable information about immigration laws and reforms!

ByStaff
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H-1B Visa: Annual Cap and Forms

While you may qualify for an H-1B visa, it is not guaranteed that you will be granted a visa. Other factors must be taken into consideration like the H-1B cap. Every fiscal year, 65,000 H-IB visas are granted to workers. If you have an advanced degree, higher than a Bachelor’s, then you may be exempt from the cap. Also, extra visas are set aside every year for workers from Chile and Singapore. Otherwise, your application may be rejected due to the limit per year. Contact an immigration attorney for more information about the fiscal year cap and whether or not you qualify for an H-1B visa.

 
When filing your petition, you need to ensure that all parts of your application are completed and submitted properly. Form I-129 must be completed and sent along with a check or money order for the filing fee. Along with the petition, make sure you send in all evidence and necessary documents. If not, confusion will result in a late response from USCIS or your petition might even be rejected. If you fail to complete the form entirely, you will be denied a visa. Other documents must also be submitted like the Labor Condition Application and evidence of your educational background like a final transcript or letter from the Registrar. If you’re applying on the basis of sufficient experience, you will need evidence of this as well.

 
Several forms must be filed in addition to the I-129. An H Classification Supplement to the form must be submitted and an H-1B Data Collection and Filing Fee Exemption Supplement. You must also organize the paperwork including a Table of Contents.

 
In terms of filing fees, it is the employer’s responsibility to pay for the forms that will be filed with USCIS. In some cases, arrangements are made between the worker and employer to determine who will pay for the I-120 petition and additional fees that are associated with it. Speak with your employer for more information and to reach an agreement on who will pay the final fees.

 
Applying for an H-1B visa can be complicated process. To avoid making any mistakes on your application, contact a specialized immigration lawyer who will make your case his top priority.
If you have any questions or would like to learn more about the H-1B visa, contact Specialized Immigration Attorney Phillip Kim.

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Employment in the U.S.: Do You Qualify for an H-1B Visa?

H-1B visas apply to people who want to come to the U.S. to perform special services or work on the basis of exceptional merit. You can live in the U.S. for 3 years and this time can be extended up to 6 years.
If you would like to be considered for an H-1B visa for specialty occupations, one of the following must be true about your job.

 

  • The job requires someone who has a Bachelor’s degree or higher. In some countries, the Bachelor’s degree is known by another name – that is fine as long as it is equivalent to a Bachelor’s degree.

 

  • Secondly, it must be true that the employer normally needs someone with a degree to work. It also has to be normal for the industry to require a degree from workers. For example, it is a common rule that doctors, teachers, or engineers to have some form of degree in order to work. Restaurant or gas station jobs do not require special degrees from its workers.

 

  • The job can also be so complicated that it cannot be done by a worker who does not have a degree or Bachelor’s degree.

If your job meets just one of the conditions listed above, the first check has been completed. You are now ready to determine if you meet the criteria to apply for an H-1B visa. In order to be eligible, you must meet one of the following conditions.

 

  • You must hold a U.S. Bachelor’s degree or its foreign equivalent that is required by your employer at an accredited university or college.

 

  • Or, you must have a license that indicates that you are authorized to work in the state where you are employed. If you are planning on working in California, your license should state that you are permitted to practice your employment in this state.

If you don’t fall into the categories listed, you still have a chance at being accepted for an H-1B:

  • Have you worked or trained in a job enough that you now have the education and expertise of someone who has a degree? Then you might qualify. It is necessary that your knowledge of the field is recognized through advanced employment positions that indicate your level of training in the field.

If your job satisfies one of the criteria above and you educational or employment history indicates that you meet one of the criteria as well, then you may have a chance at receiving an H-1B visa. Other factors must be taken into consideration like the H-1B cap. Every fiscal year, 65,000 H-IB visas are granted to workers. If you have an advanced degree, higher than a Bachelor’s, then you may be exempt from the cap. Also, extra visas are set aside every year for workers from Chile and Singapore. Otherwise, your application may be rejected due to the limit per year. Contact an immigration attorney for more information about the fiscal year cap and whether or not you qualify for an H-1B visa.

 
Because determining your eligibility is a complicated task, it is recommended that you seek the assistance of an attorney. If you have any questions about the H-1B visa, please contact Immigration Attorney Phillip Kim.

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Getting a Green Card: Do You Qualify For the LIFE Act?

The Legal Immigration Family Equity (LIFE) Act allows some people to change their status to permanent resident even if they would not be otherwise eligible. Protection under the LIFE Act is called Section 245 adjustment of status and it might be able to help you get a green card.

 
To get a green card under the LIFE act, someone needs to have petitioned for you as an alien worker or relative or have a labor certification filed before April 30, 2001. If you have one of these petitions in your name, you may qualify for a green card through the LIFE act. Section 245 needs you to have a visa readily available to you, so file your form when one becomes available. For more information on being granted a visa before changing your status to resident, see our other posts or see U.S. Citizenship and Immigration Services . If you have a visa available and the proper certification (listed above) the LIFE Act can provide permanent residence regardless of unlawful presence in the U.S., working illegally in the U.S., or leaving the U.S. during your stay, which disrupts your continuous stay. This means you can file for Section 245 residence under the LIFE Act if you are currently present in the U.S. unlawfully or have been working without a permanent work visa.

 
In order to receive a green card under section 245, you must be admissible to the U.S. This means you should be careful not to trigger inadmissibility. For example, you should not depart the country after unlawful stay in the U.S. because you will be barred from re-entry. Look into INA law for instructions on avoiding inadmissibility.

 
Children and spouses of section 245 green card holders may also be offered protection from removal if they have been living in the U.S. and can be granted employment lawfully under your LIFE Act residence card.

 
You should check the dates that section 245 requires you or your family to have been in the U.S. because they are often changing. Always be careful to file the most current forms with the most current information to avoid delays in your application process.

 
For more information and help with getting a green card, contact immigration attorney Phillip Kim

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The Fiancé(e) visa

The fiancé(e) visa was designed to allow couples a window of time to unite in the U.S. for the purpose of getting married. The K-1 non-immigrant visa, or fiancé(e) visa, is for soon-to-be spouses of U.S. citizens who want to travel to the U.S. to join their partner. Because this visa is only intended to give you enough time to travel legally to the U.S. to marry, the fiancé(e) visa is for short-term, non-immigrant purposes. Fiancé(e)s do not qualify as relatives who are eligible for green cards as the family member of a citizen or resident. In order to change your status to permanent U.S. resident, you and your partner must get married.
If you are the fiancé(e) of a current U.S. citizen, the fiancé(e) visa can give you up to 90 days to perform your marriage ceremony in the U.S. After this 90 day period, fiancé(e) visas expire.

Failure to marry or depart the U.S. within this 90 day period may put you in violation of immigration law and could initiate removal proceedings, which could negatively affect your residence applications in the future. To avoid any penalties, you should plan to marry your spouse within 90 days of your petition being approved.
In order for you or your fiancé(e) to qualify for the K-1 visa, the petitioning party must be a U.S. citizen. You and your fiancé(e) must also both be unmarried at the time of petition and must have met at least once in person within the last 2 years.

You can be granted a waiver on the meeting requirement if meeting would have caused either party extreme hardship or if your meeting would violate personal social, religious, or cultural customs. You must submit documentation of your relationship with your visa application and should also submit some sort of documentation if you think you are eligible to be excused from this requirement. If you met your spouse through an international marriage broker, you must include that information in your application and provide documentation of that fact.

 

Traditional religious or cultural matchmaking is not included in the term “marriage broker” and you do not need to disclose that information otherwise.

 
Children of fiancées who will be marrying a U.S. citizen may also be granted visa under K-2 non-immigrant status. You should include the names of any children you wish to travel with on your immigration forms. After your marriage, your children will be able to apply for permanent status in relation to you or your citizen spouse.
Your fiancé(e) visa can also allow you to be eligible to work. If you plan to work when you enter the U.S., file for employment authorization once you are present in the country.

 
If you and your fiancé(e) are eligible to be granted the K-1 non-immigrant visa, you can file with the U.S. Citizenship and Immigration Services. After your petition is approved, you may legally travel to the U.S. for your marriage ceremony. When making wedding plans, keep in mind that the application will take some time to process and that further information may be necessary. You can find up-to-date information about the length of the review process with the USCIS.

 
For more information on immigration and help with getting a visa, contact immigration attorney Phillip Kim in Fresno, CA.

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EB-3 Permanent Worker Visa

The EB-3 permanent worker visa is for permanent workers falling into 3 categories: skilled workers, unskilled workers, and professionals. All visas for permanent workers (EB visas) can be used to file for permanent residence status, also known as getting your green card.

A “skilled worker” is any worker with at least 2 years of job training or experience in the field. A “professional” is anyone with a U.S. baccalaureate degree or equivalent. You should be planning to work in a field that normally requires you level of education and that the work you will be doing does not have other qualified workers already in the U.S. For professionals, you cannot exchange experience for education. An “Unskilled worker” should be able to work for at least 2 years in an unskilled position. An unskilled position is one that needs less than 2 years of training or experience. The position cannot be seasonal.

If you are an EB-3 visa holder, your spouse can also be admitted into the U.S. Your children may also be admitted with you if granted EB-3 status.

Visas to permanent workers are limited in number each year. Likewise, visas for all 3 categories’ of EB-3 are widely sought after and there may be a wait, especially for the unskilled worker category. Each step of the application process may take processing time, governmental review, or other approval which could lengthen the time it takes to get your visa.
If you are eligible for the EB-3 status visa, there is a multi-step application process:

  1. Have your prospective employer file for Labor Certification on your behalf with the U.S. Department of Labor. All EB-3 status applicants must be granted Labor Certification. For more information about Labor Certification, see the LCA info page under “more…”
  2. Have your prospective U.S. employer file a petition for alien employee with the U.S. Citizenship and Immigration Services Office closest to where you will be working. This petition has a filing fee of $580 USD
  3. Apply for your permanent work visa. Be sure to include any necessary documents showing any claims about education, work experience, or personal information given in your application. If you are undergoing removal proceedings in the U.S. right now, you may have specific application instructions that will be given to you be the immigration court processing your removal.
  4. Once lawfully present in the U.S., apply for a change of status to get your permanent residence card.

For more information and help with getting a visa, contact immigration attorney Phillip Kim.

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How to Obtain Protection through Deportation Proceedings

The following information is for people seeking protection from deportation. Proceedings take place in Immigration Court or before the Board of Immigration Appeals (BIA). In deportation proceedings, individuals can apply for protection and immigration benefits like:

 
• Adjustment to permanent resident status
• Cancellation of removal
• Waivers that allow admission into the U.S.
• Asylum or hold back deportation orders (if eligible)

 
If you are filing for protection, you need to submit certain applications and provide biometric and biographic information to USCIS. If you do not file these forms properly, your file will not be passed on to removal proceedings. These procedures are meant to ensure that background checks are completed before your file is examined for protection benefits.

 
Since April 1, 2005, benefits cannot be granted to individuals until background checks are completed.
If your application is accepted, the process is not over yet. You will be issued further instructions by the Immigration Court. You must follow these instructions to receive documentation and work authorization.

 

 

For more information about removal proceedings, contact Attorney Phillip Kim.

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USCIS Redesigns Employment Authorization Document and Certificate of Citizenship

One of the most recent changes made to immigration and naturalization took place on October 25, 2011. In an effort to increase security and combat fraud, USCIS redesigned two official documents, making it harder for criminals to tamper or counterfeit the documents. Also, authenticating the documents is now easier and more accurate.

The two documents affected are the Employment Authorization Document (EAD) and the Certificate of Citizenship (form N-560).

The EAD has been changed so that the card number is now located on the front of the card, as is the case number. The immigrant’s fingerprint and picture are laser engraved, making it harder to illegally reproduce the card. The unique background design and holographic imaging also makes the EAD difficult to tamper with.

The Certificate of Citizenship has been redesigned to include a digital approval signature and watermark that is engraved directly in the paper. The printing process has been changed to make the certificates more fraud resistant. And updated physical security features make it harder to tamper with the official documents.

USCIS anticipates that over 1 million people will receive the new documents in 2012.

 

At the Law Offices of Phillip Kim, Inc. we seek to keep you up to date on the latest changes in immigration and citizenship programs. For more information, contact Attorney Phillip Kim

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Good Moral Character: Does it Apply to You?

If you have been researching immigration laws, you might have come across the terms “good moral character”. Many avenues of applying for citizenship require that the applicant be of good moral character. In fact, the naturalization process requires this of all applicants. The concept of good character is ambiguous and confusing for many people who are hoping to become U.S. citizens. At the Law Offices of Phillip Kim, we have had many clients approach us with questions about their moral character and whether it will prevent them from becoming citizens. We’ve written this article to clear the air on what it means to have good moral character.

First and foremost, U.S. Citizenship and Immigration Services (USCIS) will look at your criminal record. Certain crimes will result in barring you from becoming a U.S. citizen. These crimes include murder and aggravated felonies. Other less serious offenses might result in a short-term ban. During this time, the applicant will not be eligible for citizenship. Form N-400 is the form used to apply for U.S. citizenship. The form asks many questions about your criminal background. We urge you to respond truthfully and do not omit any criminal charges that were filed against you, even if they are no longer on record or expunged. If USCIS finds out about an issue from your past, you can be denied. Even minor events should be reported.

If you fall into the category of those who have a criminal record, you will need to send a copy of all documents pertaining to your case. For most, these documents include arrest warrants, reports, and court documents. You may also want to consider sending statements or examples of evidence that show your side of the story.

Some clients worry about traffic violations. You do not need to send documents for a traffic incident unless alcohol or drugs were involved. If a traffic violation resulted in an arrest, you will not need to send documents if the penalty involved points on your driver’s license or you were only forced to pay a fine less than $500.

An important note to keep in mind is that some serious crimes come with equally serious consequences. You can be removed (deported) for those crimes. In these cases, USCIS suggests that you seek the assistance of an immigration attorney.

While your criminal record is the primary tool used to determine whether or not you have good moral character, another factor will also jeopardize your plan of becoming a U.S. citizen: lying during interviews. Even if you get away with lying during an interview, if USCIS finds out that you lied later on, your citizenship can be taken away.

In addition, certain specific acts may classify you as someone who does not have good moral character. These include but are not limited to:

  • Failure to pay child support
  • Illegal activities such as prostitution or polygamy
  • Crimes that involve fraud
  • Crimes against the government
  • Being in jail or another institution for 180 days or more during the past 5 years (3 years if you are applying through marriage with a U.S. citizen)

For more information about good moral character, contact Attorney Phillip Kim.

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Testimonials


"My family member recommended Attorney Phillip Kim. My whole experience with Attorney Kim's office was pleasant. Attorney Kim was thorough in preparing my case and assured me answering all of my questions throughout the process. I got my Green Card in a little over 3 months from filing and the entire process took less than one year. I would definitely recommend Attorney Phillip Kim to anyone who wants to fix their immigration status." Gina & Edgar from the Central Valley

"Amazing service. Great communication. My case was approved a little over three months. I have been recommending Mr. Kim to my family and friends." Alexa & Abraham from the Central Valley
"I am a DENTIST busy managing two offices and hired Attorney Kim recently. Alex Denes, DDS, PhD. Mr. Phillip Kim is a very knowledgeable and efficient immigration attorney. I was extremely pleased on how he handled the immigration of my father-in-law. His office staff is courteous and always returned my calls and email inquiries in a timely fashion. His Fresno office is very clean and he has extremely good knowledge of the US immigration law. I felt very safe having him handle our case. I am confident that you will not benefit of the same level of professionalism elsewhere. I am a busy professional, dentist with 2 offices and time and efficiency matters more. All that said, I found his fees to be extremely reasonable relative to the kind of service that he provides. I congratulate him on his knowledge and dedication as well as I congratulate his office staff for their professionalism. Dr. Alex Denes, DDS, PhD."
“I am a REGISTERED NURSE and My father just went through very lengthy difficult deportation proceedings. We hired our first lawyer, who lost our case. That’s when we hired Attorney Kim, who appealed and took our case to San Francisco Immigration Court. He attended our hearings in Court and finally won our case. My father now has a Green Card. If you have a Deportation Case or are about to be deported, please call me. I will tell you how Attorney Kim helped my father with his Deportation case. My Cell # is (559) 802-7124.” – by Nalleli Medina, RN; Tulare, CA.
"I am an ENGINEER. Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.
“My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim’s work. (209) 534-7112.” – by Molly Harrington; Los Angeles, CA"
“I am a REGISTERED NURSE. We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA, RN and Family; Fresno, CA.

 

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Testimonials

"I am a DENTIST busy managing two offices and hired Attorney Kim recently. Alex Denes, DDS, PhD. Mr. Phillip Kim is a very knowledgeable and efficient immigration attorney. I was extremely pleased on how he handled the immigration of my father-in-law. His office staff is courteous and always returned my calls and email inquiries in a timely fashion. His Fresno office is very clean and he has extremely good knowledge of the US immigration law. I felt very safe having him handle our case. I am confident that you will not benefit of the same level of professionalism elsewhere. I am a busy professional, dentist with 2 offices and time and efficiency matters more. All that said, I found his fees to be extremely reasonable relative to the kind of service that he provides. I congratulate him on his knowledge and dedication as well as I congratulate his office staff for their professionalism. Dr. Alex Denes, DDS, PhD."
“I am a REGISTERED NURSE and My father just went through very lengthy difficult deportation proceedings. We hired our first lawyer, who lost our case. That’s when we hired Attorney Kim, who appealed and took our case to San Francisco Immigration Court. He attended our hearings in Court and finally won our case. My father now has a Green Card. If you have a Deportation Case or are about to be deported, please call me. I will tell you how Attorney Kim helped my father with his Deportation case. My Cell # is (559) 802-7124.” – by Nalleli Medina, RN; Tulare, CA.
"Attorney Kim helped me and my wife realize our American dream of staying together in the US by getting my wife a Green Card. It took less than three months. Please call my cell. (559) 978-9497 or home at (559) 297-4040. I will tell you more about Attorney Kim's practice." - by Leo HISUGAN & Marites HISUGAN; Fresno, CA.
“My green card application was denied. Attorney Kim appealed for me and attended the interview with me. It was approved at the interview. Please call me if you want to ask me about Attorney Kim’s work. (209) 534-7112.” – by Molly Harrington; Los Angeles, CA"
“We got our Green Card approved in less than three months. Everything went very well smoothly. Thank You. We highly recommend Attorney Kim. Please call us at (559) 475-0155. We will tell you more about our experience with Attorney Kim’s firm.” – by Raul TABADA and Family; Fresno, CA.
“I hired two other lawyers before Mr. Kim. They could not do it. It was denied. Finally, my third attorney, Mr. Kim helped me to get my green card even after my husband died. Please call me at (559) 283-5636. (ask for Reagan). We will tell you more about how Mr. Kim helped us.” – by Sochinda Nguon & Reagan; Fresno, CA"

 

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