New Filing Instructions For I-130 Visas Filed Outside United States

Effective August 15, 2011, all marriage visa petitions filed by petitioners living outside of the United States will need to be filed at an immigration agency “lockbox” in Chicago. This is a major change for marriage visa petitioners and beneficiaries who both live outside of the United States. Previously, many such marriage visa couples could …

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Process For Marriage Visa If In United States

Adjustment of Status often allows foreign nationals married to U.S. citizens (and living in the United States) to become green card holders (lawful permanent residents) without leaving the United States. The chart below provides a general overview of the process for marriage visas and adjustment of status. To learn more about a person’s eligibility, and …

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K-1 Visa Delays and K-1 Visa Denials – USCIS Statistics Show Many Suffer Needlessly

The USCIS recently released statistics on its receipts and approvals of the K-1 Visa for Fiances of U.S. Citizens. The statistics, found here, clearly show that many K-1 Visa applicants are being denied or delayed in receiving approval.

The immigration statistics show that in the first quarter of 2011, it received 10,592 petitions, but that …

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How Does the K-1 Visa Process Work?

The Fiance Visa Process (Also known as the K-1 Visa Process) is often misunderstood by K-1 couples. Many K-1 visa couples underestimate the complexity of the K-1 process, and do not realize the length of the multi-stepped process. A general outline of the K-1 fiancee visa process follows. For a more detailed discussion of the …

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K-2 Visa Holders Cannot Age Out, Court Rules

The Board of Immigration Appeals (BIA) has ruled that a K-2 visa holder does not age out. This means that a K-2 visa holder who is under 21 when he or she enters the United States can become a permanent resident – even after turning 21.

In the case, the K-2 visa holder entered the …

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The Consequences of Marriage Fraud in K-1 Visas and Spousal Visas

Last month the U.S. sentenced a (once) rising Mexican actress to 30 days of prison for committing Immigration Marriage Fraud. The sentence highlights the real consequences that face those individuals who seek to gain entrance into the United States through a sham marriage. Facing five years of prison for their crimes, the couple both took …

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BIA Allows K-1 Visa Holder To Adjust Status After Marriage Ends

The BIA Immigration Court recently allowed a former K-1 visa holder to adjust status to lawful permanent status after the termination of the K-1 beneficiary’s marriage to the K-1 Visa petitioner. The K-1 visa holder in the case married the petitioning U.S. citizen spouse within the required 90 days of entering the United States. The …

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“Aged Out” K-2 Child Adjusts Status In Immigration Proceedings

A Charlotte, North Carolina immigration judge recently granted a K-2 status holder the ability to adjust status to permanent residency despite the K-2 holder “aging out” by turning 21 before the adjustment of status application’s submission.

Minor children of K-1 fiance(e)s of U.S. citizens are entitled to K-2 immigration status. K-2 visa applicants must be …

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All Adam Walsh Subject Petitions Adjudicated At Vermont Service Center

The USCIS has decided to determine all Adam Walsh Act subject applications at its Vermont Service Center. The Adam Walsh Act applies to certain marriage and fiance(e) visa applications. It requires the Immigration agency to affirmatively determine that a Petitioner will not be a risk to an immigration beneficiary, if the petitioner was convicted of …

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District Court Throws Out K-1 Visa Class Action Suit

A federal district judge in Oregon has thrown out an attempted class action suit brought by K-1 visa applicants.

The K-1 visa petitioners and beneficiaries involved in the lawsuit brought it because of perceived injustices in the K-1 visa process. In particular, the K-1 applicants believe the USCIS and the State Department’s procedures are hindering …

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