Procedure and Documentation Required to Obtain a Fiancée Visa

If you are a US citizen planning to get married in the US, and your fiancé/fiancée is a foreign national, you can find solution to your problem by applying for a fiancée visa or K-1 visa.

Application Process of K-1 or Fiancée Visa

Before applying for a K-1 visa, the US citizen, on behalf of the foreign fiancé(e), has to file a Petition for Alien Fiancé or Form I-129F, at the nearest USCIS office in his/her locality or at the nearby US consulate, if the citizen is living abroad. After the approval from the USCIS, this petition goes to the National Visa Center for further processing, from where it is sent to US Embassy.
It is in this Embassy or US Consulate that your fiancé(e) has to apply for a K-1 non-immigrant fiancée visa, which is valid up to 90 days. This US Embassy’s Consular section will guide the foreign fiancé(e) with details about what documents are needed and how to go about the application. Along with the documents, the fiancé/fiancée has to go through an interview where a digital, ink-free fingerprint scan will also be done for later identification of the person.

Things to be noted:

Within 90 days of entering the United States, your fiancé(e) must get married to you. In case the marriage doesn’t happen within the stipulated period, or your fiancé doesn’t marry you, your fiancée has to leave US, as extension of this fiancée visa is not a possible option. If this visa expires and the marriage did not take place, your fiancé will have to leave the US and will need a new visa to re-enter.
Both your fiancé(e) and you must be legally free to marry each other. So “legal proof” must be available to show that both of you are eligible to marry, and that if either or both of you were married earlier, that marriage was ended legally. Moreover, both of you must have met in the last two years before filling a petition. However, exemptions are possible, if meeting each other can create problems for both of you or is against your religious traditions and customs.
This petition can only be filed by US citizens. Green Card holders or permanent residents have to marry outside US, and then file Form I-130 to petition their spouse to immigrate to the US.

The Documentation Required

Clear photocopies of the following necessary documents are to be attached with the fiancée visa application. Any document that is not in English has to be translated and the translations have to be attached along with a certificate from the translator certifying his/her qualification to translate. Any original document if required will be requested from you and will be returned at the time of the interview or later.

1. A passport for traveling to US with an expiry date later than 6 months or more
2. Birth Certificate.
3. Death or divorce record of any earlier spouse of you and your fiancé(e).
4. Medical examination report.
5. Police verification document from all the places lived, since the age of 16 years.
6. USCIS Form I-134; Affidavit of Support may be submitted as a proof of financial capability.
7. Proof of relationship with the fiancée/ fiancé.
8. Two Nonimmigrant Visa Applications
9. Two visa photos of the nonimmigrant
10. One Nonimmigrant Fiancée Visa Application, Form DS-156K.

US Citizens Marrying Abroad

A US citizen marrying abroad has to file a petition Form I-130, for immigration of the alien spouse, after the marriage with the United States Citizenship and Immigration Services (USCIS, previously INS) in the United States. At times, this petition may be filed at the U.S. Embassies or Consulates outside US, but prior information must be collected, as not every consulate has this provision.

US Fiancé Visa- Get Your Fiancé Into the US Permanently

K-1 visa, which is the US fiancé visa, is issued to those aliens who are outside the US and wish to enter for the purpose of marriage to a US citizen. The US citizen should file Form I-129 F, Petition for Alien Fiancée with the USCIS.

A fiancé(e) is one who is engaged or contracted to be married. The marriage should be legally possible according to laws of the state in the US where the marriage will take place. Applicants are required to have met in person within the past 2 years from the date of filing. Some exceptions may apply to the requirement of having met in person during the preceding two year. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Form I-129 F, Petition for Fiancé

The first step in getting the US fiancé visa, is filing Form I-129 F, Petition for Alien Fiancée, which the American citizen has to file along with the necessary documents at the nearest USCIS office having authority in the area of residence of the US citizen.

Once the petition is approved, the USCIS will send it to the National Visa Center to begin with the processing, which would be later sent to the Embassy or Consulate in the country where the fiancé(e) lives. The fiancé(e) should then apply for a K-1 visa at this consulate. Generally, the validity period of this approved petition is four months, which can be further extended by the Consular Officers if the processing of the US fiancé visa application is not complete.

After all the submitted documents are verified, the officer at the Consulate will notify the foreign fiancé about the scheduled interview. On clearing the interview, the fiancé will be issued a single entry US fiancé visa valid for 3 months, within which the petitioner (the US citizen ) and the alien fiancé should get married.

After marriage, the foreign spouse has to apply for adjusting status to conditional permanent resident. After completing two years of marriage, the citizen and his/her spouse should file a Form I-751 to remove the conditions on the residence.

The US fiancé visa process is a long one and the time limit cannot be stated exactly, as every immigration office takes different times to process the application. It depends on the number of applications received.

Overview of the US Fiancé Visa Process

1. US citizen files a Form I-129, Petition for Alien Fiancé(e) with the USCIS office that serves the area where he or she lives.
2. Once the USCIS approves the petition, USCIS will notify the U.S. embassy or consulate in the fiancé(e)’s country.
3. The fiancé(e) will then apply for a K-1 visa that U.S. embassy or consulate
4. The fiancé(e) will then enter the US with K-1 visa status and has 90 days to marry the U.S. citizen.
5. After marriage, the K-1 visa holder changes status by applying for legal permanent residency (”Green Card“).

USCIS to Issue Employment and Travel Authorization on a Single Card

USCIS to Issue Employment and Travel Authorization on a Single Card

On February 11, 2011, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin issuing employment and travel authorization on a single card for applicants filingForm I-485, Application to Register Permanent Residence or Adjust Status. The new card format represents a significant improvement, replacing the current practice of issuing paper Advance Parole documents.

The appearance of the card will be similar to the current Employment Authorization Document (EAD) but will include the following text: “Serves as I-512 Advance Parole.” Not only will this card serve a dual purpose, but the new card is also more secure and more durable than current travel authorization, Advance Parole paper document.

An applicant may receive this card by filing an Application for Employment Authorization,Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485. For cases not involving the filing of Form I-485, USCIS will continue to issue separate EAD and Advance Parole documents. Employers may accept the new card as a List A document when completing Form I-9, Employment Eligibility Verification.

The combined employment authorization and Advance Parole card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. This is similar to what the current Advance Parole document allows you to do.

Some Questions and Answers regarding the new card:

Q. How does the new card differ from the current Employment Authorization Document (EAD)?
A. The card will look similar to the current Employment Authorization Document (EAD) and will include the following text: “Serves as I-512 Advance Parole”. A card with that includes this text will serve as an employment and travel authorization card.

Q. Why did USCIS create this new dual-purpose card?
A. This new card allows adjustment of status applicants to no longer carry both an EAD and a separate paper Advance Parole (travel) document while awaiting approval of their Form I-485 applications. Applicants will only have to carry this one dual-purpose card. The new card is also more secure and more durable than current travel authorization, Advance Parole paper document.

Q. How do I get this new EAD and Advance Parole card?
A. You can obtain this card when you file an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, at the same time or after you file Form I-485, Application to Register Permanent Residence or Adjust Status. You must file Forms I-765 and I-131 at the same time in order to receive an EAD and Advance Parole card. When filling out the two applications, make certain that you enter your name and address identically on both Forms I-765 and I-131.

Q. Does this new card guarantee my re-entry into the United States if I travel abroad?
A. No. This card will allow you to travel abroad and return to the U.S. When arriving at a port-of-entry, you must present the card to a Customs and Border Protection (CBP) Officer to request parole but issuance of an Advance Parole document does not guarantee that the CBP will allow re-entry into the U.S. It is important to note that individuals who have been unlawfully present in the U.S. and depart and seek re-entry into the U.S. may be inadmissible and ineligible to adjust their status.

Q. How much does this card cost?
A. If an application for adjustment of status was submitted on or after July 30, 2007, you will pay only one fee to file Form I-485, Form I-765 and Form I-131. The amount you pay is equal to what it would cost to file Form I-485 alone, including biometric fees.

Q. How long is this card valid?
A. USCIS will issue this card for a period of one or two years. USCIS may also issue a card for a longer or shorter period, depending on a per case basis.

Q. What if you already have an EAD or an Advance Parole document?
A. If your current Advance Parole document and EAD card have different expiration dates, you may only receive the dual-purpose card if both documents have less than 120 days left before they expire, or if the EAD has less than 120 days left before it expires and the Advance Parole or travel document is for a single entry only. Do not apply more than 120 days before your current EAD expires if you decide to file for this card by filing Forms I-765 and I-131 at the same time. The validity period for the new EAD and Advance Parole, dual-purpose card will begin on the date of the approval of Forms I-765 and I-131.

Q. Will USCIS still issue separate EAD and Advance Parole documents?
A. Yes. USCIS will still issue separate EAD and Advance Parole documents. For example, you will receive an EAD without travel authorization if you do not request Advance Parole or if your Form I-765 is approved but your Form I-131 is denied.

Q. How do I get another card if it lost or damaged?
A. To replace your card, you must file the Application for Employment Authorization, Form I-765, and Application for Travel Document, Form I-131, at the same time and pay the appropriate fee for each of the filed forms. Although individuals do not have to initially pay fees for filing Forms I-765 and I-131 when they concurrently file with Form I-485, they are required to pay Forms I-765 and I-131 application fee(s) when you are re-filing these applications in order to replace the card due to loss, negligence or damage.

Q. Is this card available to anyone?
A. No. This card is only available to individuals who have a pending family or employment based Form I-485 in the USCIS pipeline.

U.S.Citizenship – What Forms Should I File?

The United States government recognizes three possible ways in which individuals can become U.S. citizens:

• Being born in the United States (Right of Birth)
• Being born outside of the United States to a parent or parents who hold U.S. Citizenship (Right of Blood)
• Meeting the citizenship eligibility requirements set by the government (Naturalization)

Any child born in the United States is automatically granted U.S. citizenship regardless of the nationality of his or her parents, and children born abroad to American citizens automatically acquire citizenship through their parents.

If a person is born abroad to parents who are not U.S. citizens, he or she may obtain U.S. citizenship through a process called naturalization, as long as the eligibility requirements for naturalization are satisfied.

If you have been born abroad, you can either apply for citizenship through naturalization (if you have been born to parents who are not U.S. citizens) or claim citizenship through your parents (if you have been born to parents who are U.S. citizens). Both methods require you to submit the appropriate form with United States Citizenship and Immigration Services (USCIS).

Applying for Citizenship by Filing a Form N400 (born abroad, to non-U.S. parents):

Individuals who have been born abroad to parents who are not U.S. citizens may obtain U.S. citizenship through naturalization by filing an application for naturalization form N400. You may use this form if you meet the following eligibility requirements:

• You are at least 18 years of age, with a physical presence in the United States.
• You are a permanent resident of the United States who has maintained a continuous U.S. residence for at least five years.

• You have remained within your USCIS district or state for the required amount of time, and you possess good moral character.

If you are married to a U.S. citizen, then you only need to have maintained your U.S. residence for at least three years, but you also must be living with your spouse.

Applying for Citizenship by Filing a Form N600 (born abroad, to U.S. parents):

Individuals who are claiming U.S. citizenship by being born to parents who are U.S. citizens must file the application for certificate of citizenship form N600. You may use this form if you meet the following criteria:

• At least one of your parents is a U.S. citizen, whether by birth or by naturalization.
• Your parent, who is a U.S. citizen, must have physically resided in the United States for a minimum of five years.
• You were born to a U.S. citizen parent outside of the United States, and you have fulfilled the requirements for becoming a U.S. citizen prior to your 18th birthday.

If you are disabled, an immediate relative or legal guardian may file Form N600 for you.

In the case of minor adopted or biological children under 18 years of age qualifying for citizenship under section 320 of the Immigration and Nationality Act (INA), the application must be filed by the U.S. citizen parent or legal guardian with legal and physical custody.

H-1B Visa and L-1 Visa Fees Increases per the New Law by the USCIS

Last August 13, 2010, President Barrack Obama signed into law Public Law 111-230, which effectively increased the fees for H-1B Visa and L-1 Visa applications under the U.S Citizenship and Immigration Services (USCIS). The new law, which will continue to stay in effect until September 30, 2014, requires that particular H-1B Visa applicants pay an additional $2,000, while particular L-1 Visa applicants pay an additional $2,250 to the USCIS on top of existing fees.

However, it has been stated that the additional fees to the USCIS for H-1B Visa and L-1 Visa applications be shouldered by the applicants’ employers, and not by the petitioners themselves. The increase does not affect companies and employees looking to the USCIS to renew or extend the status of their H-1B Visa and L-1 Visa.

Not all employers and H-1B Visa and L-1 Visa applicants are subject to the fee increases, however. Public Law 111-230 only applies to companies and employers who already employ fifty or more employees with more than 50% of their employed staff with a USCIS certified H-1B Visa or L-1 Visa (be it L-1A, L-1B, or L-2) currently working in the United States. For H-1B Visa and L-1 Visa petitioners who fall under any of these categories, they are required to comply with Public Law 111-230 by submitting the additional USCIS fee along with their filing packet for either their H-1B Visa or L-1 Visa application.

On the other hand, petitioners whose company or employers do not fall under the aforementioned criteria are required to submit written evidence, attestation or statements to the USCIS justifying why the new fee increases are not applicable to their H-1B Visa or L-1 Visa application. These evidences or statements should then be submitted to the USCIS alongside any filled out forms, applications and documents pertinent to the H-1B Visa and L-1 Visa petition.

In a teleconference held by the USCIS, it was made clear that H-1B Visa and L-1 Visa applications submitted to the USCIS without the enclosed additional fees will not be out rightly returned or rejected. Instead, the USCIS will promptly issue Requests for Evidence (RFE) for H-1B Visa and L-1 Visa applications where they believe the additional fees are required or the necessary documentation to prove otherwise is either lacking and/or missing.

Public Law 111-230 also explicitly states that these new increases to the H-1B Visa and L-1 Visa petitions come in addition to already existing filing and application charges under the USCIS. For H-1B Visa applications to the USCIS, the additional $2,000 comes on top of the I-129 form fee, the Fraud Fee, the premium processing fee and the American Competitiveness and Workforce Improvement Act (ACWIA) fee. For L-1 Visa applications to the USCIS, the additional $2,250 comes on top of the I-129 form fee, the Fraud Fee, and the premium processing fee.

Check USCIS case status for USCIS visa and immigration cases

You must be aware that the U.S.Citizenship and Immigration Services (USCIS) is the government agency that manages the lawful US immigration process. All US immigration related forms need to be filed with the USCIS.



Checking US immigration case status:



As part of the US immigration process, once you send the completed application package to the USCIS, you can expect to receive an Application Receipt Notice with a 13-character Application Receipt number. It normally takes around 30 days to receive the receipt number. This receipt number generally starts with EAC, WAC, LIN, or SRC. This 13 digit number is the proof that the USCIS has received your application and that it is being processed. You can use this number to check the status of your application while it is pending as you may not be sure when your case will be processed.



In such a case where you have your receipt number and would like to check the status of your case, you may visit the USCIS's official website, www.uscis.gov and select the link entitled “USCIS Case Status Online.” Here enter the application receipt number. Per the US immigration rules, Dashes ("-") should be omitted when entering a receipt number. But, all other characters, including asterisks ("*"), can be included if it is listed as part of the receipt number.



On the other hand, if you do not have a receipt number, you can find out how long USCIS is taking to process certain applications by clicking on “Processing Times” which is listed on the USCIS “Case Status Online” page. Processing dates are categorized according to the type of application you filed and the location of the USCIS Service Center where your application was filed.



If you do not hear from the USCIS within thirty days of having submitted your application, you can contact them at their toll-free telephone line and talk to their customer service representatives who are available between 8 a.m and 6 p.m local time. They will provide you with the necessary guidance.



Additionally, applicants or petitioners and their representatives (such as lawyers, charitable groups, or corporations) who are in need of regular access to information about the case status about multiple cases can create an account to get this information even more conveniently. The services provided by USCIS to both account types are in fact similar except applicants' representatives may also enter their own internal office tracking number with each receipt number as they deal with multiple cases.



In addition to this option, a new program provides the option where you can receive a text message notification to your US mobile phone number when a case status update has occurred. Applicants and their representatives may avail this facility to receive the text message notification However, also make note that Standard Messaging Rates or other charges related to these notifications may apply for such text messages.



Another facility concerning the case status is, USCIS applicants and their representatives can receive automatic case status updates that will be sent through e-mail. As there are so many options, one can understand the importance of the application status check. Primarily, as the processing time for applications differ, this option proves handy to applicants.

Green cards and USCIS.

If you are on this page, it is understood that you are looking to immigrate to the United States. The process is simple. When it is so, never think of entering and staying in the US illegally. Immigration to the US can be initiated with the permission of the American embassy in the applicant's country through an immigrant or non immigrant visa. Non-immigrant visas are for temporary visits to the U.S. for tourism, study, or work. Immigrant visas are for Permanent Residence in the U.S.



Referring to a green card through USCIS, you can get one either while you are in the US or outside the US. When you get a greencard while physically being present in the US, the process is called adjustment of status. Whereas when you get one while being outside the US or when you are ineligible to adjust status, it is called Consular processing. After you enter the US as a visa holder, you can adjust your status to a green card by USCIS (permanent resident) subject to conditions for certain visa holders. Simple isn't it?

A green card through USCIS is the proof of lawful permanent resident status in the US. A greencard holder has the right to live and work permanently in the US. There are different ways to get a green card through USCIS. You can be sponsored by your family members for a green card. You can get one through employment. Here the sponsorer is the US company that decides to employ you. You also have the Diversity Visa lottery program. You can be one among the 55,000 lucky persons to get a green card through this program which is held every year. But you should be luckier enough to be a native of a qualifying country as not all countries are eligible to participate. If you were granted Refugee Status or Asylum, there is good news, You can apply for a green card too. Like there are many ways to get a greencard, the process and procedures vary too.



Do not assume that a conditional permanent resident and a permanent resident are both one and the same. A conditional permanent resident will get a greencard that is valid only for two years. The process is such that you need to remove the conditions during the 90 days before the card expires,The conditional card cannot be renewed. The conditions must be removed else you will lose your permanent resident status. Form I-751 needs to be filed to remove the conditions. Once removed, you will get a permanent resident card that will be valid for the next ten years.



Since a permanent resident card ( green card through uscis ) is valid only for ten years, it is quite clear that it needs to be renewed on its expiration, You have to file Form I-90 to get it renewed. The same form is used when you want to change any biographic information on your card i.e if your name has changed due to marriage. The same process is followed if you lose your card and need a replacement. Permanent resident status is the main eligibility requirement for citizenship. So more good news. You can become a US citizen too!

Official USCIS and Immigration Forms provided for download online. The
USCIS was formerly known as the INS. Complete list of all USCIS form and Immigration Form.