K-1 or Immigrant Visa: What’s the Difference, Anyway?

U.S. citizens who are engaged to be married to foreign nationals often ask, “will filing a K-1 visa petition be a faster route to reunification than filing an immigrant visa petition after we get married?” The answer depends on which consulate has jurisdiction over the foreign fiancé(e)’s place of residence, where the foreign fiancé(e)and U.S. citizen petitioner live, and where the couple plans to get married.

Regardless of if you take the fiancé(e) route or the marriage route, you will need to file a petition with USCIS. If you start the process before you get married, then the petition will be filed on Form I-129f. If you wait until after you’re married, the petition will be filed on Form I-130.  Currently, USCIS is taking about five months to process both I-130 Immigrant Petitions and I-129f K-1 Visa Petitions. So, all things being equal, it may be that filing a K-1 Visa for a foreign fiancé(e) will take just as long as filing an Immigrant Visa (“Green Card”) application after the couple has married. However, keep in mind that both the K-1 Visa process and the Immigrant Visa process have two parts. It takes USCIS about five months to process the “Petition,” which then gets forwarded to the appropriate consulate to complete processing on the “Visa Application.” Even though the USCIS processing times are the same for the K-1 Visa Petition and Immigrant Visa Petition, the time that the Consulate will take to act on these petitions differs from city to city. Some consulates complete visa application processing on K-1 Visa Petitions more quickly than on Immigrant Visa Petitions. On the other hand, some complete visa application processing on  Immigrant Visa Petitions more quickly than on K-1 Petitions. The best way to find out processing times at the consulate where the foreign fiancé(e) will apply for a visa is to contact the consulate via e-mail and ask. Contact information is available on each consulate’s website. A list of consular websites is available at http://www.usembassy.gov/.

If the U.S. citizen spouse lives in the U.S. and the couple is in a position to get married immediately, then filing for a K-1 Fiancé(e) Visa may be no quicker than filing for an Immigrant Visa. Keep in mind, however, that most foreign fiancé(e)s will find it difficult to obtain a tourist visa to enter the U.S. to get married, which means that the U.S. citizen will need to travel to his or her fiancé(e)’s country of residence in order to get married. Logistical details such as travel, and the time and cost associated with planning a wedding, may make it desirable for a couple to be reunited before the wedding takes place. If a couple wants to get married in the U.S., then applying for a K-1 Fiancé(e) visa may be the only way the couple can accomplish that goal.

If the U.S. citizen lives abroad it will almost certainly be quicker to apply for the Immigrant Visa (“Green Card”) at a consulate. There are jurisdictional requirements that the petitioner must meet, which vary from consulate to consulate. Many consulates require that the petitioner have lived in the country where the visa application will be made for at least six months prior to filing. For information on jurisdictional requirements, you should visit the website of the consulate where you plan to apply for the visa. Again, the list of consular websites is available at http://www.usembassy.gov/.

H-2B Visa Application Process

The process for an H-2B visa begins with the U.S. employer filing ETA Form 9141, Application for Prevailing Wage Determination, with the Chicago National Processing Center (CNPC). Next, the U.S. employer should submit a job order with the State Workforce Agency (SWA) of the U.S. Department of Labor (DOL) serving the area where the employment is intended. After receiving the application, the SWA will check the job order request for errors or omissions, prepare a job order, and keep it in the Employment Service System for 10 days (but not more than 120 days) before the workers are actually needed.

After filing the application with the SWA, the U.S. employer has to show that it has made all efforts to recruit U.S. workers for a specific job before beginning to recruit foreign nationals to fill that particular position under an H-2B visa. This process begins by contacting local unions. The employer should maintain copies of any correspondence with the unions contacted as well as a record of the outcome and any qualified referrals received from the union. The U.S. employer should also post two printed advertisements for three consecutive days in a general circulation newspaper, including one Sunday newspaper, in the area of the intended employment. Alternatively, the employer can post its advertisement in a professional, trade, or ethnic publication, depending on which course of action is most appropriate for the occupation and most likely to bring responses from U.S. workers. These advertisements must be published at the same time that the SWA job order is posted.

After the U.S. employer has completed its recruitment process, the employer continue the H-2B visa application process by submitting an ETA form 9142, Application for Temporary Employment Certification, along with Appendix B.1 and a Recruitment Report to the CNPC. This application can be filed up to 120 days before the workers are needed. A certifying officer at the CNPC will review the applications to confirm that they are compliant. Next, the U.S. employer must file a visa petition, Form I-129, with U.S. Citizenship and Immigration Services (USCIS). On approval of the visa petition, the employee abroad will submit his or her own application for an H-2B visa to a U.S. consulate. The employee can use their visa to enter the U.S. and claim their H-2B visa status.

After mailing in the petition, the employer should receive a Form I-797, Notice of Action, within a few weeks, which is confirmation that the H-2B visa papers are being processed and also acts as a receipt for the fee submitted. If USCIS wants further information before deciding whether to issue an H-2B visa for the foreign worker, it will issue a Request for Evidence. The employer should provide the extra data requested and mail it to the USCIS service center. Instructions on where to send the additional evidence as well as a deadline for submission will be detailed on the Request for Evidence.

U.S Bureau of Citizenship and Immigration Service (BCIS)

BCIS, also known as the Bureau of Citizenship and immigration service was formed in the act of Homeland Security in the year 2002. The name BCIS did not make it a long way, therefore, it was reformed by another name 2 years after its establishment. These days it is commonly known as USCIS or U.S Citizenship and Immigration Service. Earlier, BCIS was working under Homeland Security and before that these facilities were provided by the Immigration and Naturalization Service (INS). According to the guidelines articulated by Homeland Security Act, before the name changing of BCIS, they were required to inform “Appropriate Congressional Committees” at least 60 days before in order to seek their approval.

On March 1, 2003, the BCIS came to be formally in charge of government’s immigration operations. Rendering to the act of Homeland Security in 2002, BCIS assists in place of the government’s former immigration handler along with Immigration and Naturalization Service, and operates in the support of the Department of Homeland Security. One out of three branches of BCIS has been working in the department of Homeland Security.

The principal obligation of BCIS is to handle the application of the benefit applicants to ensure that the sanctuary and competence of U.S Immigration Services is up to the mark. BCIS has many duties to perform; some of them are helping with the immigration of family members, U.S work assistance for immigrants, citizenship, helping U.S citizens with adoption of children from other countries, managing humanitarian programs, helping the immigrants to understand and blend in the U.S culture as well as lineage support.

Even though the INS changed into the DHS, yet all customer services remained like it was before. All accustomed immigration customer services stood reserved from end to end with this conversion. Besides, all INS information which was associated to administration stayed the same. Certified procedures and documents allotted by the earlier INS remain effective as well as it will last to be acknowledged by USCIS and new organizations as per proof of their position in the United States.

USCIS native bureaus stayed prevailing INS places, which includes Application Support Centers and Service Centers. There existed no instant modification in bureaus places, even though a number of bureaus may possibly have reformed since. You may also search the bureau nearby with the help of Legal Language Services USCIS Office Locator. The facilities rendered by the USCIS consist of the settlement of family and requisitions based on employments along with issuing the documents of employment authorization, plus asylum and immigrant handling, naturalization as well as carrying out of special grade programs for instance Temporary Protected Status.

Despite of the fact that the management of immigration assistances was merged into the USCIS, the infinite preponderance of the supplementary roles done by means of INS was merged with other two bureaus under the Department of Homeland Security. And the name of those bureaus are; Bureaus of Immigrations and Custom Enforcement, known as BICE and the other one is, Bureaus of Custom and Border Protection, as known as BCBP.

What is INS?

The Immigration and Naturalization Services, also known as the INS, was part of the United States Department of Justice. The INS was authorized to handle all the legal and illegal immigration and naturalization issues. The purpose of INS was to protect and enforce the laws of naturalization and handle the process of an individual becoming a citizen of United States. The INS was divided into three new agencies called USCIS (United States Citizenship and Immigration services), CBP(Customs Border and Protection), and ICE (Immigration and Customs Enforcement), all under the purview of the newly established Department of Homeland Security.

The USCIS administers all the immigration services including permanent residence, naturalization and other functions, CBP handles the border functions which include border patrol and ICE administers all the investigation, deportation and intelligence.

Immigration and Citizenship

Immigration INS is the process of a foreign individual moving into the United States to live on a permanent basis or for a temporary visit. Each individual who wishes to enter the country must seek permission to enter the country and abide by US immigration laws. The immigration law refers to the government policies that are used to mediate immigration to the United States. The USCIS performs many administrative services once carried out by the Immigration and Naturalization Services (INS).

An individual may become a US Citizen either at birth or after birth. If an individual is born in United States then he/she becomes a US Citizen automatically. If the individual is born abroad to US Citizen parents, then he/she may claim US Citizenship through their parents. If the individual is born outside US to non-US citizens, who have immigrated to United States, may obtain US citizenship through Naturalization.

Once the petition for immigration is sent to USCIS for processing, the USCIS will authenticate the eligibility of the applicant, and based on that evaluation, will either approve or reject the application. If the petition for immigration is approved by the INS, the applicant will be notified in writing. If the application is denied, the applicant will be notified in writing along with the reason for rejection.

Many people are welcomed into the United States every year and INS helps all eligible people to successfully integrate into American culture. One of the main processes that go through INS is the acquisition of US Citizenship. An individual is called a US citizen when he/she is a legal member of the United States. Being a US Citizen, the individual has rights to obtain Social Security number, receive retirement benefits and has right to vote. A US Citizen may obtain a US passport that allows them to travel to every country in the world. Also a US Citizen has the right to sponsor family members to enter the US legally and help them in obtaining a Green Card (Permanent Resident Card).

INS – Immigration and Naturalization Service

The United States Immigration and Naturalization Service, also referred to as the INS, was a federal organization charged with the maintenance and enforcement of regulations applying to non-U.S. citizens entering the United States. INS and its predecessor organizations were involved in activities including detaining and/or deporting individuals who had entered the country illegally and adjudicating petitions for immigration and naturalization, as well as patrolling the borders of the United States. The origins of the INS stretch back to the end of the U.S. Civil War.

Immigration

After a number of states had begun to enact their own immigration laws, the federal government recognized the need for a uniform set of immigration rules applied across the country. The adoption of this federal responsibility was followed by an immigration law passed by U.S. Congress in 1882 that gave the office of the Secretary of the Treasury the authority to monitor immigration and naturalization.

This authority was then transferred to the newly established Office of the Superintendent of Immigration with the passage of the Immigration Act in 1891. Under the Superintendent of Immigration, inspectors were stationed at U.S. ports and began to collect tax from immigrants. Ultimately, the responsibility for immigration in the United States would pass from the superintendent’s office through a number of other government agencies to become what was eventually known as the INS.

A number of unforeseen difficulties arose in administering the process of immigration and naturalization, and the focal point of these issues was Ellis Island. The island, located in New York harbor, had become the main entry point for immigrants to the United States. Unfortunately, by 1982 it had also been the center of a number of corruption and brutality scandals, which led President Theodore Roosevelt to appoint an attorney to resolve its difficulties.

By 1903, Congress had transferred responsibility for the Bureau of Immigration to the recently created Department of Commerce and Labor, reasoning that the primary concerns of immigration — protecting American workers and wages — fell under its jurisdiction. Congress further clarified the function of the bureau in the Immigration Act of 1924, which limited the number of immigrants that could be admitted into the U.S., assigning a quota to each nationality and issuing a limited number of visas on an annual basis. Entry was only permitted for immigrants in possession of valid visas.

The Bureau of Immigration, which later became INS, was transferred two more times before being disbanded in 2003. First it moved from the Department of Labor to the Department of Justice in 1940, a move ordered by President Franklin Roosevelt, and then INS was transferred from the Department of Justice to the Department of Homeland Security.

In its final incarnation, INS was headed by a commissioner who was appointed by the U.S. President. The commissioner worked with external agencies, including the United Nations, the U.S. Department of State, and the U.S. Department of Health and Human Services, and oversaw four interior divisions responsible for immigration and naturalization services. These divisions performed the duties of immigration enforcement, the operation of INS field offices within the U.S. and abroad, and the managerial functions of the agency.

The INS was dissolved in 2003, one year after it became part of the Department of Homeland Security. Its functions are now performed by other departments within the Department of Homeland Security, including U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcements (ICE), and U.S. Customs and Border Protection (CBP).

The US Visa Process and How to Check Status

An US visa is the primary requirement for any foreign national desiring to gain entry into the United States. A visa is basically a travel document that permits a foreign national to travel to a specific country and reside there for a particular period of time. The embassy or consulate of the country which the traveler wants to visit will either issue a travel document or will place the visa in the passport.

Acquiring a US visa, does not ensure entry to the United States. It only determines the individual’s eligibility to gain entry to the United States. The entry of an individual to the US is decided by the Officers of Customs and Border Protection (CBP) and Department of Homeland Security (DHS).

The US visa is of two types – non-immigrant visas and immigrant visas. Those who wish to travel to United States temporarily for pleasure or business purposes require non-immigrant visas. On the other hand, those who wish to travel to United States to live permanently require immigrant visas.

About Immigrant US Visa

The immigrant petition for the applicant must be filed with the United States Citizenship and Immigration Services (USCIS) by the sponsor residing in the United States. After the approval of the petition by the USCIS, it is forwarded to the National Visa Center (NVC). The applicant is then informed of the approved petition received by the NVC. After receiving a visa number or after the approval of the immigrant’s petition by the USCIS, instructions are sent to the applicant by NVC on the steps to be taken.

Those applicants who are already staying in the US are eligible to apply for adjustment of status. They can file for the adjustment of status once the immigrant petition by their relative has been approved.

About Non-immigrant US Visa

The petition for the non-immigrant visas must be filed by the applicants at their country’s US Consulate or Embassy. Interviews of the applicants will be conducted and their fingerprints taken by the US Consulate or Embassy. After the approval of the visa petition, the visa needs to be stamped in the passport of the applicant.

The stamping of the visa in the passport of the applicant is done at the local US Consulate or Embassy and the process generally takes 1 to 3 weeks from the date of the visa interview.

Checking the Status of the US Visa Petition

Once an application has been accepted by the USCIS, the applicant/petitioner will be sent an application receipt notice with a 13-character application receipt number. This number can be used to track the visa status online. In case of non-immigrant visas, the consulates will have their own methods of tracking case status.

There are different ways in which an applicant can check a visa status:

1. Check online: The applicant can check the status online at the USCIS website using the 13-character application receipt number.
2. Through email: An applicant can email the USCIS by setting up an account to receive automatic updates.
3. Through phone: The applicant can call the USCIS at their toll free number to get a status update.
4. Through mail: The applicant can write to the USCIS requesting a case update.

Whichever method the applicant chooses, one has to remember to include all the details pertaining to the case – Alien Registration Number, date of application, place where application was filed, etc.

The applicant can also choose to go in person to the USCIS office and get an update, in which case he/she will need to schedule an Infopass appointment through the USCIS website.

Visa for Fiancé(e) – Submission Procedure of Form I-129 F

Form I-129 F, which is the Petition for Alien Fiancé(e) must be filed with the Department of Homeland Security’s United States Citizenship and Immigration Services (USCIS) office serving your area of residence. You can refer to the USCIS website for information regarding the office at which you need to file this petition.

Note: This petition cannot be filed at an embassy, consulate, or U.S. immigration office abroad.

Petition for Alien Fiancé(e) Application

This application needs to be completed by an American citizen. For the purpose of marriage of the foreign fiancé(e) to the petitioning US citizen this application is a petition submitted to USCIS requesting the alien fiancé(e)’s entry to U.S.A. Instructions on the Form I-129 F need to be read carefully. There was a recent increase in the filing fee of this form. Information on edition updates on filling fee are available at the USCIS’ website.

Biographic Information Sheet

Form G-325A, Biographic Information Sheet must be completed by the American citizen and the alien fiancé(e). Information about your parents, place of residence, employment during the last five years, and previous foreign residences, if any, has to be provided in this form. [Please indicate on the application form if your parents are deceased].

The second Biographical Information Sheet should be sent to the alien fiance(e) who should complete, sign and send it back to you. What you could do to assist is to complete the sections that pertain to you on the form before you send it to your fiance(e).

Though the alien fiancé(e) is let to sign the G-325A at the time of the interview in some consular offices, Form I-129 F application that does not include the Alien’s signed Biographical Information Sheet may be rejected by the USCIS office.

Affidavit of Support Form

Form I-134 submitted along Form I-129 F ensures that the alien fiancé(e) will not become a public charge while in the US. The US citizen, relative or a friend is committed to take financial responsibility over the petitioned individual in case the alien fiancé(e) needs financial support. Financial responsibility is on the person who signs the affidavit of support who is often referred to as the Sponsor or Affiant.

Possibility of the alien becoming a public charge will be eliminated by this affidavit. To ensure that the Sponsor or citizen affiant takes affirmation seriously and is aware of the nature of the affirmation that they are making he or she should read the instructions accompanying Form I-134 carefully.

How To Get Proof of U.S. citizenship

On 11.24.09, In , By Immigration Direct

How do I get proof of my U.S. citizenship?
U.S. citizenship carries a wealth of benefits and privileges, including the ability to travel without a visa to many countries, the right to vote in federal, state and local elections, and greater eligibility to qualify for federal benefits and jobs. In order to qualify for these benefits, one must be able to provide proof of citizenship.
Proof of citizenship can be documented in a variety of ways. Among the most common documents that establish US citizenship are:

• A U.S. Birth Certificate;
• A U.S. Passport;
• A Certificate of Citizenship; and
• A Naturalization Certificate.

If you were born in the United States, you were a US citizen at birth. You do not need to apply to USCIS for any evidence of citizenship. Your birth certificate (issued where you were born) is proof of your citizenship.
If you are not a U.S. citizen by birth or did not acquire U.S. citizenship automatically after birth, you may still be eligible to become a citizen through the normal naturalization process. Qualifying individuals who are 18 years and oder may submit an “Application for Naturalization” (Form N-400) to become naturalized citizens. If you are already a naturalized U.S. citizen, then a copy of your naturalization certificate will prove your citizenship.
How do I prove U.S. Citizenship if I was born outside the U.S. to U.S. Citizen parents?
If you were born outside the United States, but one or both of your parents were U.S. citizens when you were born, you may still be a U.S. citizen. This is called citizenship through derivation. There are usually additional specific requirements, and sometimes citizenship can be through a combination of a parent and grandparent.
Whether or not someone born outside the U.S. to a U.S. citizen parent is a U.S. citizen depends on the law in effect when the person was born. These laws have changed over the years, but usually require a combination of at least one parent being a U.S. citizen when the child was born and having lived in the U.S. or its possessions for a period of time. Persons who acquired citizenship from parent(s) while under 18 years of age may apply for a certificate of citizenship on Form N-600.
If you were born abroad to U.S. citizen parents, you can apply for a U.S. passport in the same manner as someone born in the United States. However, you will have the added requirement of establishing your citizenship claim. Passport applications are made at passport offices in the United States, including local post offices, or at U.S. consulates abroad.
How do I prove U.S. Citizenship if my birth was registered abroad?
If your parents were U.S. citizens and registered your birth with a U.S. Consulate in the first five years of your life, then they were issued a certificate called a Consular Registration of Birth Abroad. This form will prove your citizenship. If they didn’t do this or they lost the form, you will need to apply for a passport or Certificate of Citizenship on Form N-565 instead.
How do I prove U.S. Citizenship if I am a Naturalized Citizen?
If you were born outside of the U.S. and filed an application for citizenship on Form N-400, then the citizenship certificate that you were issued when you appeared for the naturalization oath ceremony is your proof of citizenship.
If you have lost your Naturalization Certificate or Certificate of Citizenship, you should file Form N-565, Application for Replacement Naturalization Citizenship Document, with USCIS to replace the lost certificate. You may also contact the Department of State for information on how to obtain a passport.