K-1 Fiance Visa Fresno Fiance Green Card Archives

How to Get a Fiance(e) Visa

The fiancé(e) visa, also known as the K-1 nonimmigrant visa) allows your fiancé(e) to enter the U.S. for 90 days to get married. Once your marriage takes place, your spouse may apply for permanent residence and stay in the U.S. while USCIS processes the application.

To be eligible, you (the petitioner) must be a U.S. citizen, you must marry your fiancé(e) within 90 days of entry, any previous marriages must have been legally terminated, and you must have met your spouse at least once within 2 years of filing your petition (with exceptions).

If your fiancé(e) has a child under 21 and unmarried, a K-2 nonimmigrant visa may also be available. After admission of your fiancé(e), he or she may immediately apply for permission to work by filing an application for employment.

ByPhillip Kim

Getting a Fiance(e) Visa

The fiancé(e) visa, also known as the K-1 nonimmigrant visa) allows your fiancé(e) to enter the U.S. for 90 days to get married. Once your marriage takes place, your spouse may apply for permanent residence and stay in the U.S. while USCIS processes the application.

To be eligible, you (the petitioner) must be a U.S. citizen, you must marry your fiancé(e) within 90 days of entry, any previous marriages must have been legally terminated, and you must have met your spouse at least once within 2 years of filing your petition (with exceptions).

If your fiancé(e) has a child under 21 and unmarried, a K-2 nonimmigrant visa may also be available. After admission of your fiancé(e), he or she may immediately apply for permission to work by filing an application for employment.

ByPhillip Kim

Visa

Questions You May Have Regarding Your Visa Application

1. What happens after my case goes to NVC?

NVC will request additional documentation from the applicant and petitioner if a visa number will be available for your petition. If a visa number is not available, NVC will hold your petition until a visa becomes available.

2. I have a family emergency and need an immigrant visa immediately. Is there a way to speed up the process?

If a visa number is available and your situation pertains to serious medical emergency, your case might qualify to be expedited. You must have proper documentation from the physician describing the life or death medical situation in order to be considered.

3. I went in for an interview for an immigrant visa at the U.S. Embassy but was refused. Is there a way to reverse this?

NVC cannot reverse a petition decision. You should contact the U.S. consular office where your case was processed.

4. I recently moved. What do I need to do?

You should update your information with NVC immediately to prevent any delays in your visa petition.

ByPhillip Kim

Immigration, Immigration Lawyer, Same sex marriage

Same Sex Couples May Receive Immigration Benefits

Secretary of Homeland Security Janet Napolitano addresses that the Supreme Court will ensure implementation of the ruling on the Defense of Marriage Act (DOMA), which grants same-sex couples equality of legal benefits. President Obama has taken measures to eliminate discrimination so that same-sex couples receive the same consideration as opposite-sex couples when filing for a visa petition. This change is effective immediately for the U.S. Citizenship and Immigration Services to follow. Couples are eligible to apply even if they currently live in a state that does not allow same-sex marriages, in which case, USCIS will consider the law of the state of residence in addition to the law of the state of celebration of the marriage.

ByPhillip Kim

Getting a Fiance(e) Visa

The fiancé(e) visa, also known as the K-1 nonimmigrant visa) allows your fiancé(e) to enter the U.S. for 90 days to get married. Once your marriage takes place, your spouse may apply for permanent residence and stay in the U.S. while USCIS processes the application.

To be eligible, you (the petitioner) must be a U.S. citizen, you must marry your fiancé(e) within 90 days of entry, any previous marriages must have been legally terminated, and you must have met your spouse at least once within 2 years of filing your petition (with exceptions).

If your fiancé(e) has a child under 21 and unmarried, a K-2 nonimmigrant visa may also be available. After admission of your fiancé(e), he or she may immediately apply for permission to work by filing an application for employment.

ByPhillip Kim

best lawyer, Citizenship, Fresno Attorney, Fresno Lawyer, immigration attorney, Immigration Lawyer, Naturalization, Permanent Resident

Getting U.S. Citizenship Through Naturalization

U.S. citizenship provides many rights, but also involves many responsibilities. Thus, the decision to become a U.S. citizen through naturalization is important. By becoming a U.S. citizen, you gain many rights that permanent residents or others do not have, including the right to vote. To be eligible for naturalization, you must first meet certain requirements set by U.S. law.

Requirements to be eligible for naturalization include being age 18 or older, being a permanent resident for a certain time period, having good moral character, having a basic knowledge of the U.S. government, having continuous residence in the U.S., and being able to communicate English (with some exceptions).

So when is it possible to apply for naturalization?

One may be able to apply for naturalization if he/she is at least 18 years of age and have been a permanent resident either for at least 5 years, at least 3 years (during which you have been in a marriage relationship with your U.S. citizen husband or wife), or have honorable service in the U.S. military. Certain spouses of U.S. citizens and/or members of the military may be able to file for naturalization sooner than noted above.

To learn more about the naturalization process and take the first step in applying for U.S. citizenship, contact attorney Phillip Kim for specialized help tailored to your needs.

ByStaff

Bakersfield, California, Fiancé Visa, Fiancee Visa, Fresno, Green Card, Immigration, immigration attorney, Immigration Lawyer, K-1, Marriage, non-immigrant visa, Permanent Resident, Tulare, wedding

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.

ByPhillip Kim

Fiancé(e) Visas by Immigration Attorney in Fresno

This page provides information for U.S. citizens wishing to bring a foreign national fiancé(e)

living abroad to the United States to marry.

If you plan to marry a foreign national outside the United States or your fiancé(e) is already

residing legally in the United States, you do not need to file for a fiancé(e) visa.

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

● You (the petitioner) are a U.S. citizen.
● You intend to marry within 90 days of your fiancé(e) entering the United States.
● You and your fiancé(e) are both free to marry and any previous marriages must have

been legally terminated by divorce, death, or annulment.
● You met each other, in person, at least once within 2 years of filing your petition. There

are two exceptions that require a waiver:
1. If the requirement to meet would violate strict and long-established customs of your or

your fiancé(e)’s foreign culture or social practice.
2. If you prove that the requirement to meet would result in extreme hardship to you.
Application Process

After the Fiancé(e) Visa is Issued

Once issued, the fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the

United States for 90 days so that your marriage ceremony can take place. Once you marry,

your spouse may apply for permanent residence and remain in the United States

Children of Fiancé(e)s

If your fiancé(e) has a child (under 21 and unmarried), a K-2 nonimmigrant visa may be

available to him or her. Be sure to include the names of your fiancé(e)’s children

Permission to Work

After admission, your fiancé(e) may immediately apply for permission to work Application

for Employment Authorization.

What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e)

should leave the United States at the end of the 90 days if you do not marry. If your fiancé

(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in

removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

We want to make plans for our wedding. How long will this process take?

To check the current processing times
For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Change My Nonimmigrant Status by Immigration Attorney in Fresno

If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request on the appropriate form before your authorized stay expires. For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.

Until you receive approval , do not assume the status has been approved, and do not change your activity in the United States. For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization to change your status. If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States. Your authorized status and the date your status expires , Arrival-Departure Record.

In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.

You do not need to apply to change your nonimmigrant status if you were admitted into the United States for business reasons (B-1 visa category ) and you wish to remain in the United States for pleasure before your authorized stay expires.

You do not need to apply to change your nonimmigrant status if you wish to attend school in the United States, and you are the spouse or child of someone who is currently in the United States in any of the following nonimmigrant visa categories:

Diplomatic and other government officials, and employees (A visa category)
International trade and investors (E visa )
Representatives to international organizations and their employees (G visa )
Temporary workers (H visa)
Representatives of foreign media (I visa)
Exchange visitors (J visa)
Intracompany transferees (L visa)
Academic (F visa) or vocational (M visa) students (you may attend elementary, middle or high school only: if you want to attend post-secondary school full-time you must apply for a change of status).
You may not apply to change your nonimmigrant status if you were admitted to the United States in the following categories:

Visa Waiver Program· Crew member (D nonimmigrant visa)
In transit through the United States (C nonimmigrant visa)
In transit through the United States without a visa (TWOV)
Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
If you are a vocational student (M-1), you may not apply to change your status to a(n):

Academic student (F-1)
Any H status (Temporary worker), if the training you received as a vocational student in the United States provided the qualifications for the temporary worker position you seek.
If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if:

You were admitted to the United States to receive graduate medical training, unless you receive a special waiver.
You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.
If you do not receive a waiver, you may only apply to change to a diplomatic and other government officials (A visa) or representatives to international organizations (G visa)
For information on how to apply, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Employment-Based Immigration by Attorney in Fresno: First Preference EB-1

Employment-Based Immigration: First Preference EB-1
You may be eligible for an employment-based, first-preference visa if you have an

extraordinary ability, are an outstanding professor or researcher, or are a multinational

executive or manager. Each occupational category has certain requirements that must be

met:

Eligibility Criteria
◆ Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education,

business, or athletics through sustained national or international acclaim. Your

achievements must be recognized in your field through extensive documentation. No offer

of employment is required.

◆ Outstanding professors and researchers
You must demonstrate international recognition for your outstanding achievements in a

particular academic field. You must have at least 3 years experience in teaching or

research in that academic area. You must be entering the United States in order to

pursue tenure or tenure track teaching or comparable research position at a university or

other institution of higher education.

◆ Multinational manager or executive
You must have been employed outside the United States in the 3 years preceding the

petition for at least 1 year by a firm or corporation and you must be seeking to enter the

United States to continue service to that firm or organization. Your employment must

have been outside the United States in a managerial or executive capacity and with the

same employer, an affiliate, or a subsidiary of the employer.

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

* Criteria for Demonstrating Extraordinary Ability
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your

field:

● Evidence of receipt of lesser nationally or internationally recognized prizes or awards

for excellence
● Evidence of your membership in associations in the field which demand outstanding

achievement of their members
● Evidence of published material about you in professional or major trade publications or

other major media
● Evidence that you have been asked to judge the work of others, either individually or

on a panel
● Evidence of your original scientific, scholarly, artistic, athletic, or business-related

contributions of major significance to the field
● Evidence of your authorship of scholarly articles in professional or major trade

publications or other major media
● Evidence that your work has been displayed at artistic exhibitions or showcases
● Evidence of your performance of a leading or critical role in distinguished organizations
● Evidence that you command a high salary or other significantly high remuneration in

relation to others in the field
● Evidence of your commercial successes in the performing arts

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or

Researcher

● Evidence of receipt of major prizes or awards for outstanding achievement
● Evidence of membership in associations that require their members to demonstrate

outstanding achievement
● Evidence of published material in professional publications written by others about the

alien’s work in the academic field
● Evidence of participation, either on a panel or individually, as a judge of the work of

others in the same or allied academic field
● Evidence of original scientific or scholarly research contributions in the field
● Evidence of authorship of scholarly books or articles (in scholarly journals with

international circulation) in the field

For More Information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Fresno Immigration Attorney

Category Archive K-1 Fiance Visa Fresno Fiance Green Card

How to Get a Fiance(e) Visa

Getting a Fiance(e) Visa

Questions You May Have Regarding Your Visa Application

Same Sex Couples May Receive Immigration Benefits

Getting a Fiance(e) Visa

Getting U.S. Citizenship Through Naturalization

The Fiancé(e) visa

Fiancé(e) Visas by Immigration Attorney in Fresno

Change My Nonimmigrant Status by Immigration Attorney in Fresno

Employment-Based Immigration by Attorney in Fresno: First Preference EB-1

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