Category Archive K-1 Fiance Visa Immigration Lawyer Fresno

ByPhillip Kim

The Basics of Obtaining a US K1 Fiancee Visa, What You Should Know

The K-1 fiancée visa is a means by which a foreign person is allowed to enter the country with the intention of marrying a citizen of the United States. Once the two parties are married an application is filed to adjust the status of the foreign person to become a citizen
of the United States. There are a few steps to filing a K-1 fiancée visa and the individuals wanting to engage in this activity should be aware of what they are.

Step One: Generally, the first step is for the U.S. citizen to file a petition to the U.S. Citizenship and Immigration Services (USCIS). When the USCIS approves this application the foreign fiancée will be allowed to begin the process of obtaining the fiancée visa. If you
would like to avoid any problems in filing your petition, you should contact a professional immigration attorney.

Step Two: The US citizen must then submit Form I-129F Petition, along with Form G-325A Biographic Information, to include any applicable filing fees that are currently being charged.
The amount of these fees and any other information that’s pertinent can be obtained by contacting the USCIS Service Center.

Step Three: Approximately a few weeks later the US citizen will receive Form I-797, the first Notice of Action (NOA) from the USCIF service Center. This is essentially notification that their petition has been received by the USCIF.

Step Four: Times can vary, but soon thereafter the US citizen will receive a second NOA notifying them that the petition has been approved.

Step Five: It is at this stage that the USCIS Service Center will forward the application to the National Visa Center.

Step Six: The National Visa Center will then start the process of performing preliminary background investigations on the fiancée applying for citizenship. They will also forword the approved Form I-129F two the fiancée’s specific embassy. The embassy will then process it locally under their own specific set of rules.

Step Seven: The embassy will send all required documents to the fiancée and the US citizen, along with instructions as to which forms need to be returned immediately to the embassy, and which would need to be brought to an interview when it takes place.

Step Eight: Once all documents have been received by the embassy they will contact the fiancée and the US citizen as to the date and time of their interview.

Step Nine: At this stage the fiancée will be required to attend a medical review.

Step Ten: It is now time for the fiancée to attend the visa interview. The officer conducting the interview will ensure all documents are in order, ask all needed questions and make a
decision on the petition. If the petition is approved than the visa will be issued either immediately, or within a few days.

Step Eleven: The fiancée should now make their travel to the US within six month’s. It is at the Port of entry that the immigration officer will review and finalize the paperwork, thus allowing the fiancée to enter the United States properly.

Step Twelve: As soon as possible the fiancée should apply for a Social Security number once inside the US. It is at this point that the fiancée and the US citizen should apply for their marriage license. In some cases some states have a certain waiting period that must be adhered to before applying for the marriage license. It’s advisable to make sure what this waiting period is before applying for the marriage license.

Step Thirteen: It’s now time for the couple to be married and live their life together. The couple should be advised that the marriage should take place within 90 days of obtaining the K-1 fiancée visa. Also, if the fiancée will be assuming the name of the US citizen, then any name changes should be done at this time.

Step Fourteen: The final step in obtaining citizenship for a foreign fiancée is to apply for an Adjustment of Status (AOS). The AOS must be applied for the four the K-1 fiancée visa expires, it should be noted.

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

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/

ByPhillip Kim

Permanent Workers by Immigration Attorney in Fresno

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to live permanently in the United States.
The five employment-based immigrant visa preferences (categories) are listed below.

Labor Certification

Some immigrant visa preferences require you to already have a job offer from a U.S. employer. This employer will be considered your sponsor. For some visa categories, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain an approved labor certification from the U.S.

Department of Labor (DOL). The DOL labor certification verifies the following:

● There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
● Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
For more information, Please Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

Permanent Worker Visa Preference Categories

● First Preference EB-1
This preference is reserved for persons of extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors or researchers; and multinational executives and managers. /Labor Certification Required? No

● Second Preference EB-2
This preference is reserved for persons who are members of the professions holding advanced degrees or for persons with exceptional ability in the arts, sciences, or business.
/Labor Certification Required?
Yes, unless applicant can obtain a national interest waiver (See the “Labor Certification” link to the right for more waiver information.)

● Third Preference EB-3
This preference is reserved for professionals, skilled workers, and other workers. (See Third Preference EB-3 link on left for further definition of these job classifications.)/Labor Certification Required?
Yes

● Fourth Preference EB-4
This preference is reserved for “special immigrants,” which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens. /Labor Certification Required? No

● Fifth Preference EB-5
This preference is reserved for business investors who invest $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers. /Labor Certification Required? No

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

ByPhillip Kim

Green Card Through Family by Immigration Attorney in Fresno

Many people become permanent residents (get a green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents to

petition for certain relatives to come and live permanently in the United States. You may be eligible to get a green card through a family member who is a U.S. citizen or permanent

resident, or through the special categories described below. For more information on the

categories below, Please Contact : Fresno Immigration Attorney Phillip Kim

There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to

permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States

may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. For more information on these processes, Please Contact :Phillip Kim

If Your Family Member is a U.S. Citizen

You may be able to get a green card as an immediate relative or as a family member in a preference category if your U.S. citizen relative files a Form I-130, Petition for Alien Relative, for you. For more information on immigrant petitions, Please Contact :
(559) 761-9742

◆ Immediate Relative of a U.S. Citizen
You are an immediate relative of a U.S. citizen if you are:

◆ The child (unmarried and under 21 years old) of a U.S. citizen
◆ The spouse (husband or wife) of a U.S. citizen
◆ The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)
◆ Family Member of a U.S. Citizen in a Preference Category
You are a family member of a U.S. citizen in a preference category if you are:

◆ An unmarried son or daughter (21 years or older) of a U.S. citizen
◆ A married son or daughter (any age) of a U.S. citizen
◆ A sibling (brother or sister) of a U.S. citizen
If Your Family Member is a Permanent Resident

You may be able to get a green card as a family member in a preference category if your

family member filed a Form I-130 on your behalf. For more information on immigrant

petitions, Please Contact :Fresno Immigration Attorney Phillip Kim

◆ Family member of a permanent resident in a preference category
You are a family member of a permanent resident in a preference category if you are:

◆ The spouse of a permanent resident
◆ The child (unmarried and under 21 years old) of permanent resident
◆ The unmarried son or daughter (21 years or older) of a permanent resident Green Card Through Special Categories of Family

You may also be eligible to get a green card if you:

◆ Are a battered child or spouse of a U.S. citizen
◆ Entered the United States with a K visa as the fiance(e) or spouse of a U.S. citizen or an accompanying child
◆ Obtained V nonimmigrant status
◆ Are a widow(er) of a U.S. citizen
◆ Are born to a foreign diplomat in the United States
For more information on “Adjustment of Status” and “Consular Processing” , Please

Contact:
Fresno Immigration Attorney Phillip Kim
(559) 761-9742
https://phillipkimlaw.com/

ByPhillip Kim

Fiance Visa K-1 Visas Green Card Lawyer Fresno Greencard Attorney CA

How to bring your fiance / fiancee to the United States? How to bring your girlfriend / boyfriend to the USA?
How to apply for a K-1 Fiance Visa?

*** If you want to speak DIRECTLY with an immigration lawyer, please call Attorney Phillip Kim now at (559) 761-1040. ***

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Immigration Law Offices of Phillip Kim, Inc. is known to charge reasonable and affordable legal fees. The firm’s clients are highly satisfied with their Legal Fees.

To Find Out Legal FEES, go to PhillipKimLaw.com and click on “Legal Fees.”

Immigration Law Offices of Phillip Kim, Inc. is a full-service immigration law firm based in Fresno, California.

The Firm offers immigration solutions to individuals and businesses in the United States and overseas.

The Firm has a successful track record in all aspects of U.S. immigration services, including but not limited to:

A variety of Visas for temporary residence
Green cards for permanent residence
Naturalization/citizenship
Humanitarian relief such as asylum or refugee status
Deportation defense for clients in deportation/removal proceedings

Please call DIRECTLY speak with an attorney at (559)761-1040.
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Attorney Phillip Kim represents his clients from the Central Valley, Southern California, and Northern California including Fresno County, Kings County, Kern County, Stanislaus County, Tulare County, Merced County, San Joaquin Valley County, Los Angeles County, and the San Francisco Bay area with cities such as Fresno, Clovis, Sanger, Merced, Tulare, Visalia, Modesto, Stockton, Hanford, Lemoore, San Jose, San Francisco, and San Diego.