What is a K-1 Visa?

The K-1 visa, also known as the US Fiancé(e) visa, allows a United States citizen to sponsor his/her fiancé(e) to come to the US in order to get married. This option applies to a relationship in which one partner is living abroad and the couple is engaged to be married. If you are a US citizen interested in bringing your foreign partner to the United States in order to get married, you will need to file a Form I-129. This is the first step to obtaining a K-1 nonimmigrant visa!

K-1 Visa Interview

If you have been approved through the application portion of this visa process, you will be asked to attend a K-1 Visa immigration interview. The applicant will be notified about the interview date, time, and location and what supporting documents to bring. The notification is usually sent within 30 days of the application’s approval, while the interview will generally take place four to six weeks after the embassy or consulate’s initial notice. In this interview, the couple will be asked questions about themselves, their relationship with their fiance, and their intentions in the United States. Your goal will be to prove to the immigration officer that you are coming with true intent to live and reunite with the love of your life!

K-1 Visa Period of Stay

When granted a K-1 visa, you will be granted this status for 90 days before you MUST marry your fiance. This is something that you’ve agreed to already within the K-1 visa application process and marrying within 90 days is mandatory.

Can I Extend My K-1 Visa?

There is no way to extend your K-1 visa status because you MUST be married within 90 days followed by adjusting your status. Failure to marry within 90 days once you’ve arrived in the United States, your partner and their dependents (if any) will need to depart. Those who do not depart before their status expires may face deportation which could affect their future eligibility for US immigration benefits.

K-1 Visa to Green Card Process

Step 1: Petition for Fiance(e)

First, you will need to file a Form I-129 to petition for your fiance(e). The USCIS will then assess your forms and supporting documents coming to a decision. If approved, your application is sent to the DOS National Visa Center (NVC).

Do You Need Help Adjusting Your K-1 Visa to Green Card?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal, an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1-on-1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

The procedure is quite simple. While the TN visa is valid, applicants may bring their spouse and children (under 21) to the United States. Dependent family members are eligible to apply for a TD visa. If the application is granted, the dependents will obtain an I-94 record identifying their length of stay in the United States, which is normally the same as the TN visa holder.

TD visa holders are not permitted to work in the United States, but they are permitted to study at US universities without the need for a student visa. The duration of stay can be extended if the dependents have a valid passport that extends beyond the duration of their stay, have not broken the terms of their stay in the United States, and have not committed a felony. The procedure of requesting an extension should begin at least 45 days before the I-94 record expires.

Can I Apply for a Green Card While Being on a TN Visa?

The TN visa does not permit dual entry. That implies you should not apply for a green card while you are on this visa. You can, however, apply for a US green card by changing your visa category to a non-immigrant category such as H-1 or L-1. They are visa categories with dual intent.

One might enter the country on the TN visa and then ask the company to sponsor them on the H-1 or L-1 visa. Another possibility is to return to Canada and apply for a US green card while being a Canadian citizen. In that scenario, your application will be handled in accordance with the priority date.

However, there is an exemption for American citizens born in Canada. They can apply for a green card by establishing their familial ancestry.

Can I Move to Canada So I Can Get a Green Card?

When it comes to green cards, Canadians are treated in most ways the same as any other immigrant to the United States. However, their ability to get some types of temporary visas, like the TN visa as we’ve mentioned above, may assist them in establishing a connection with a U.S. company eager to eventually sponsor them for a green card.

Do You Need Help Immigrating to Canada or the US?

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

President Biden has made several adjustments to the US immigration system about a year into his term, ranging from modifications inside the different immigration agencies to bigger developments.

US Visa Changes and Updates 2021

New H1-B Visa Rules

In the start of 2021, the USCIS announced a final rule that would alter the H-1B Visa cap selection process by amending the current lottery procedures, and prioritize wages to protect the economic interests of US workers. Doing so, this would also ensure that most highly skilled foreign workers benefit from the temporary employment program.

US Hits H2-B Visa Cap

The USCIS announced that employers can no longer hire foreign workers under the H-2B visa category for the first half of the 2022 fiscal year. This is because the mid-year H-2B visa cap was met on September 30th, 2021. This also means that any H-2B visa requests for an employment start date before April 1, 2022, will be rejected unless they are exempt.

Expansion of Work Authorization Eligibility for L-2, H-4 and E Dependents

As the year draws to a close, certain dependents can rejoice after a November settlement instructing USCIS to enhance work authorization eligibility for L-2, H-4, and E dependents. Benefits are contingent on individual circumstances, thus we recommend that L-2, H-4, and E dependents visit their attorneys to discover whether benefits are available under the new paradigm.

2021 Policy Changes

Biden Reverses Trump’s Plan on Legal Immigration

After taking office, President Biden lifted the freeze on Green Cards that former President Trump made in 2020. Biden stated in his proclamation that “shutting the door on legal immigrants does not advance the interest of the United States”.

Travel Restrictions

The US stayed on top of the continual developments in travel and COVID-19 during the full year of 2021. There were several updates on which countries were temporarily prohibited from entering, vaccine requirements, processing delays, and so forth.

International Entrepreneur Rule Relaunched

In May 2021, the Biden administration has stated their plan to promote the program and revive the International Entrepreneur Rule. Later the DHS announced it will resurrect the IER program, as it “goes hand-in-hand with our nation’s spirit of welcoming entrepreneurship.” The move comes in response to venture capitalist firms, which have urged the administration to back the program and enable potentially thousands of start-up founders to move or remain in the US to grow their businesses.

Changes at USCIS

As part of a larger effort to be more inclusive and transparent, USCIS implemented a number of significant improvements. In March, the agency changed the term “alien” to “noncitizen” or “undocumented noncitizen” in its policy handbook to characterize immigrants. It also said it will put a new method of calculating processing times for immigration applications to see if it might make them “more accurate, timely, and understandable.” The Senate also made history by appointing Ur Jaddou as the next Director of USCIS, making her the first woman and the first person of Arab and Mexican ancestry to manage the agency.

Are You Interested in Immigration to the United States in 2022?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Have a Question related to your Immigration Needs?

Click here to fill out the FREE Immigration Assessment form below and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

US Family Sponsorship Processing Time

The processing time for your I-130 petition usually will take anywhere from 5-19 months. This will depend on the family relationship and the USCIS field office that receives your form.

Immediate Relative

There is an infinite number of immigrant visas available for immediate family members (spouse, children, and parents) of US citizens, and approval can be acquired in 5 to 19 months. Because there is no visa restriction for the immediate related category, there is a minimal wait. The following visa categories are available for immediate relatives:

• IR-1: Spouse of a US citizen
• IR-2: Unmarried child under 21 years of age of a U.S. citizen
• IR-3: Orphan adopted abroad by a U.S. citizen
• IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
• IR-5: Parent of a U.S. citizen who is at least 21 years old

Family Preference

For family preference visas (for example, siblings), processing times can range anywhere from 13.5 months to 20 or more years. The following visa categories are available for family preference:

• Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any.
• Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs.
• Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children.
• Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age

Tips for Fastest Processing Time

In general, family-based green card applicants can speed up the process by having the petitioner properly complete the I-130 petition and provide all needed documentation. Any changes to your personal information on your application, such as your name, contact information, or family situation, should be reported to immigration.

Beneficiaries who are F2A candidates have another choice. The sponsor will be able to speed up the procedure if they become a citizen while still waiting for a green card. Your sponsor will need to write a letter to the National Visa Center stating that he or she has become a citizen in this circumstance. This will allow your green card application to be handled as an immigrant visa.

Top Questions About Family Sponsorship Processing Times

How Long Does It Take to Get a Family Sponsorship Visa to the United States?

On average, the I-130 filed by your sponsor usually takes between 5 to 19 months to be processed. The USCIS processes the petition on a first-come, first-served basis. Your sponsor can expedite the process by submitting the form as early as possible.

Is the US Still Processing Visitor Visa Applications?

Yes! The United States is still accepting family sponsorship applications. We recommend booking a consultation with a licensed immigration consultant to determine which route is best for you.

How Can I Get a Family Sponsorship Visa Fast in the US?

Speak with an immigration consultant who can find the fastest and most efficient way for you to get a family sponsorship visa. They can ensure there are no mistakes in your application.

What is an Affidavit of Support?

The Immigration Form I-864, Affidavit of Support, is a document that says that someone is accepting financial responsibility for a family member who is looking to obtain a green card. This is a requirement for anyone looking to obtain a green card through family sponsorship.

Do I Need the I-90 Form?

Anyone who is looking to immigrate to the US through family sponsorship is required to have a sponsor. That sponsor must fill out Form I-864 to prove their income is eligible to sponsor a family member to become a permanent resident.

Financial Requirements for the I-864 Form

In order to qualify as a sponsor for a relative to immigrate to the US then you must meet the minimum income requirements. The minimum annual income requirement for most sponsors is 125% of the Federal Poverty Guidelines.

*Calculating Your Household Number

To calculate your household number then you will have to include the following people:

• Yourself (sponsor).
• Your spouse or relative (green card applicant).
• Any unmarried children under age 21 (or the age of majority where they live).
• Anyone else you claim as a dependent on your tax return.
• Anyone who will be applying for a green card and arriving to the United States with your spouse.
• Anyone else you are sponsoring on a separate Affidavit of Support.

Types of Income for Financial Sponsorship

To meet the minimum income requirements you must be able to make the appropriate amount in the table above.

• Wages and Salaries
• Retirement Benefits
• Alimony
• Child Support
• Dividends or Interest Earned
• Income from other members of the household
• Income from the family member you are sponsoring (as long as their income will continue once they have the green card
• Assets such as net value of your home and net value of a car

Requirements to Sponsor a Family Member

In addition to all the income requirements to sponsor a family member, the sponsee must also meet the standard requirements.

• Must be a US Citizen or a US Permanent Resident
• Must be at least 18 years old
• Must be living in the United States

Form I-864 FAQ

How Much Does the I-864 Cost?

The filing fee for the Form I-864 Financial Support Form is free. The legal advice for sponsoring a relative may cost an immigration consultant fee.

What Happens After the I-864 Form is Approved?

Once the I-864 form has been submitted and accepted it will not expire. If a sponsor’s income has changed then the consular officer may ask for more updated supporting documents.

What is the Difference between an I-864 Form and the I-864a Form?

When there are two required sponsors due to not meeting the income requirements, that joint sponsor must submit a separate form the I-864a.

Can I Submit the I-864 Form Online?

Yes! You can submit the I-864 form online through the Consular Electronic Application Center (CEAC).

When Should I Submit the Affidavit of Support?

The sponsor should complete the I-864 Form when their relative has been scheduled for their immigrant visa interview.

USCIS I-864 Online Printable Form

Income Requirements for the K-1 Visa

The American in the relationship must prove that they can provide for their foreign fiances once they arrive in the United States. The K-1 Visa applicant can not work in the US on a K-1 Visa so the US wants to know that they will be taken care of once they arrive. The minimum annual requirement is based on the size of the American’s household. The beginning income requirement is $21,775 and increases $5,525 for every dependent in the household. Below is an example for different sized families:

What If I Don’t Meet the Income Requirements for a K-1 Visa?

There are a few exceptions if you can’t meet the K-1 visa requirements.

Active US Armed Forces Member

If you are an active-duty U.S. armed forces your income requirement is much lower than all other sponsors. Any active duty US armed forces member has a starting income requirement of $16,910.

Using Assets

If you are not an active duty member or do not wish to be, there are two other options for you. You can use your assets to help meet the requirements. This only can be accepted if your assets are at least three times the difference between your income requirement.

Having a Joint or Co-Sponsor for K-1 Visa

If the American applicant does not meet the K-1 income requirements then they can ask a qualified person to co-sponsor with them. A joint sponsor would have to accept legal responsibility for the foreign fiance. They would need to meet the income requirement standard and all the other requirements of a K-1 Visa sponsor. This can be a big decision to ask someone to sponsor your fiance but sometimes it is the only other option. A joint sponsee must understand the risks that comes with this responsibility.

How Can VisaPlace Help With K-1 Visa Requirements

The K-1 Visa requirements can be complicated to understand. There are many pieces to this application process. The income requirement is typically the most important and difficult aspects of the fiance visa. Our immigration professionals are here to help you file your application and handle all other issues that could arise during your application process.

US Immigration Options for Same-Sex Couples

K-1 Fiance Visa

As mentioned before, in 2015 same-sex marriage became legal in all 50 states allowing foreign nationals interested in immigrating to the United States the opportunity to apply for a K-1 Visa also referred to as a fiance visa. This visa program is specifically for US citizens looking to sponsor their fiance to live with them in the US and looking to get married soon. This is a great option for those in a same-sex relationship that are unable to marry in their home country.

Marriage-Based Green Card

If you and your partner are already married, a US citizen or permanent resident could sponsor their spouse through a marriage-based green card. Because same-sex marriage is legal in all 50 states, LGBTQ+ couples are able to undergo this process the same as opposite-sex couples. This option is only available to those who are legally married under the jurisdiction where it took place. For example, if marriage is forbidden in your home country, you would need to utilize the fiance visa option or get married in another country it is legal!

Children of Same-Sex Couples

Not only are same-sex couple individuals able to be sponsored to the United States, but their children also have the option to immigrate as well. Immigrant rights have been extended to children to same-sex couples. When a US citizen petitions their spouse, their children can qualify for visas such as the IR2 or CR2 which must be done before they turn 18 years old.

Refugees and Asylum

Immigration for LGBTQ+ individuals through a refugee or asylum program is slowly gaining more attention. This status is granted and available only to those who are seeking protection because they suffered persecution or could be mistreated because of their race, religion, nationality, sexual orientation, plus more.  According to NBC News, about 4,400 people applied for asylum in the US based on their LGBTQ status between 2007-2017. This gives eligible immigrants the opportunity to be free in their own skin!

U Nonimmigrant Visa

An option that many foreign nationals don’t even know that’s available in the U Visa also referred to as someone having a U nonimmigrant status. The U visa was created for foreign nationals who have been victims of serious crimes that resulted in substantial physical or mental harm where the victim can provide certification from a law enforcement official that they are, have been, or are likely to be helpful in the criminal investigation or prosecution of the crime. Many LGBTQ individuals from around the world come to the United States to seek protection from persecution in their home country. Therefore, LGBTQ+ individuals who have been hiding their identity for most of their life also come to the US seeking the freedom to live openly.

The common types of harm experienced by LGBTQ individuals that allow them to apply for a U visa include:

• Discrimination and harassment
• Physical violence
• Prosecution and punishment for LGBTQ identity
• Persecution in childhood
• Rape & sexual assault
• Forced medical treatment
• Persecution of HIV-positive person or persons with AIDS
• Gender-based persecution
• Economic persecution
• Mental, emotions, and psychological harm

10 Top LGBTQ+ Friendly Neighborhoods

1. New York City, NY (West Village, Chelsea)
2. San Francisco, CA (The Castro)
3. Los Angeles, CA (West Hollywood)
4. Chicago, IL (Boystown)
5. Houston, TX (Montrose)
6. Denver, CO (Capitol Hill)
7. Philadelphia, PA (The Gayborhood)
8. San Diego, CA (Hillcrest)
9. Boston, MA (The South End)
10. Buffalo, NY (Allentown)

LGBTQ+ History Highlights

Most LGBTQ+ rights weren’t established until less than a decade ago and there is still a lot of work to do but on the right track! Within this time, many American leaders have become more supportive and open-minded to LGBTQ+ social issues starting with former president Obama starting in 2009. A few history highlights that we celebrate in America today include:

US v. Windsor – 2013 | By 2013, many states had made same-sex marriage legal but the Supreme Court decided that not allowing same-sex couples to marry was unconstitutional. This ruling was to protect tax and financial implications for those within a same-sex marriage.

Obergefell v. Hodges – 2015 | The Obergefell v. Hodges case was a huge win in 2015 when all 50 states in the United States were to recognize and license same-sex marriages. This falling under the equality protections ruled within the 14th Amendment.

Bostock v. Clayton County – 2020 | The most recent victory for LGBTQ+ individuals in the United States is the Bostock v. Clayton County case that stopped employers from discriminating against queer employees at work. Before this ruling, many states didn’t have any protections for LGBTQ+ individuals at work, and is not considered unconstitutional.

Are You In A Same-Sex Couple Needing US Immigration Guidance? We Can Help!

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

H-1B Visa

The H-1B visa is a work permit that allows foreigners to work in the US with their “specialty occupations.” To apply for this visa one would need a job offer and the skills required for that job. The H-4 Employment Authorization Document (EAD) was designed for spouses and children under the age of 21 of H-1B Visa holders. Specifically, spouses of an H-1B Visa would obtain an H-4 Visa to legally work in the United States.

E-1 Visa

The E-1 visa, also known as Treaty Trade Visa, is a non-immigrant visa for citizens of countries that the US has a treaty of commerce with. While not all countries are eligible, business owners and investors from those that are may qualify if they meet several criteria. If your spouse is looking to work in the US, they would need to download Form I-750, complete it, and apply for Employment Authorization.

E-2 Visa

E-2 visas are for owners and investors in businesses in the United States. The E-2 visa is a temporary US work visa that may be granted for “substantial” investments in the US. An investment must meet several criteria in order to qualify for an E-2 visa. As the E-2 visa holder, you are only permitted to work for the E-2 company, however, your spouse can work for any employer or even be self-employed. An H-4 Employment Authorization Document (EAD) is the document that allows an E-2 visa spouse to work and t usually takes 90 days to arrive.

Is Your Spouse Looking to Work in the US?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

• reunifying children and their families who still remain separated under policies enacted by the Trump administration
• developing a strategy to address irregular migration across the Southern Border and create a Humane Asylum System
• restoring faith in the US Legal Immigration System and promoting integration of new Americans

_____________________________________________________

Last week, Joe Biden was sworn into presidency. On his first day in office, President Biden made several actions to change the previous US immigration policy. He reversed several Trump administration immigration policies such as start accepting DACA applications ASAP, end the seperation at the border, change ICE orders, etc. He then unveiled a reform bill that includes a path to citizenship for undocumented immigrants, increased technology at the border and addressed the root cause of migration from Central America.

Eight Year Pathway for 11 Million Immigrants

President Biden rolled out his immigration policy which included an eight-year pathway to citizenship for immigrants without legal status and an expansion of refugee admissions. This policy would put millions of qualifying immigrants in a temporary status for five years and then grant them permanent residency (green card) once they meet certain requirements. Then three years later those permanent residents would be able to apply for citizenship.

In order to qualify, immigrants must have been in the United States as of January 1, 2021. This rule is an way to prevent any rush to the border.

DACA DREAMers

Joe Biden issued an executive order calling on the secretary of homeland security to take all actions to “preserve and fortify” DACA. Previously, the Trump administration attempted to stop and halt all DACA applications. Joe Biden plans to preserve this program and help these DREAMers gain citizenship in the United States.

Undocumented Foreign Nationals

Another part of the eight-year plan is to allow undocumented foreign nationals who were already in the US on or before January 1, 2021, would be able to immediately apply for temporary legal status. After five years as a temporary resident, then they could apply for permanent residency after passing a security and criminal background check. After three years of being a permanent resident, they could then apply to become a citizen after passing the citizenship test and second background check.

Employment-Based Immigration Reform

The Employment-Based immigrant visa applications have been stuck in a backlog for years. President Biden plans on clearing these backlogs, recapturing unused visas, reducing the lengthy permanent resident processing times, and eliminate per-country immigrant visa caps. There will also be a plan for providing the H-4 visa which is employment authorization for spouses of H-1B workers. There would be a new pilot program to stimulate economic development which would allow the DHS the right to adjust green cards based on the economic conditions.

Family-Based Immigration Reform

President Biden plans on clearing out the backlogs of the Family-based immigrant visa applications. He would clear the backlog by recapturing unused visas from prior years and increase the per-country visa cap. There would be a new process that would allow foreign nationals with approved family-sponsorship petitions to join family members in the US while their green card application is processing. Lastly, he would allow LGBTQ+ petitioners to sponsor family members.

Other Changes

There are several other items that President Biden includes in his immigration reform:

• Removing the word “alien” from any US immigration law and replacing it with the term “noncitizen”.
• Increasing 55,000 to 80,000 green cards available under the Diversity Lottery Visa Program.
• Immigration enforcement at the border and non-border would receive enhanced smart technology.
• Funding an agency to help address the underlying cause of migration from Central America to the US to help prevent the increased immigration numbers.
• New humanitarian program reforms would be implemented.

Filing an H-4 EAD which stands for Employment Authorization for Dependent will allow an individual’s dependents to work legally in the United States.

H-4 EAD Requirements

Certain H-4 dependent spouses of H-1B holders can file Form I-765 (Application for Employment Authorization) if the H-1B nonimmigrant:

• Is the principal beneficiary of an approved Form I-140 (Immigrant Petition for Alien Worker)
• Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000

How To Apply

To successfully obtain an H-4 Visa EAD, you must:

1. Complete Form I-765 
2. Submit supporting evidence

You will not be authorized to work until the USCIS approves your Form I-765. Once your employment authorization is approved, the expiration date on your EAD should be the same date as the expiration date on your most recent Form I-94 indicating your H-4 nonimmigrant status. You are only authorized to work through the expiration date on your EAD.

H-1B to H-4 EAD

In some scenarios, an individuals can find themselves reaching the end of their H-1B employment agreement and now need to find a next step to stay in the United States. Let’s say you’ve met your spouse while in the US and they are an H-1B Lisa holder, you may want to change your status to a dependent H-4 visa, and here’s how!

You are only eligible to do this if:

• Your spouse has a valid H1B visa
• You are in a legal bona fide marriage with your spouse
• You won’t be working when your H4 visa is approved

Once your H-1B visa employment agreement ends, the visa also ends as soon as your 6-year maximum limit ends. It’s best to start this process 2-3 months before your H-1B expires as it will take 2-3 months to process!

Need Help Filing An H-4 EAD?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for Niren and Associates an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

Do I Need to File an I-601 Form?

The I-601 Form Waiver is for those individuals that are admissible to the US and are seeking to receive an immigrant visa, adjustment of status, certain nonimmigrant statuses, or certain other immigration benefits. This is the form you will need to complete in order to waive grounds of inadmissibility.

The following candidates are able to submit a I-601 waiver:

• Individuals who are ineligible to be admitted to the U.S. as an immigrant
• Individuals who are ineligible to adjust status in the United States
• Certain nonimmigrant applicants who are inadmissible

Processing Time: 4 to 6 months

Cost: $930

Supporting Documents for Form I-601 Waiver

The supporting documents needed to successfully waive inadmissibility to the US depends solely on your specific case. Some of the documents you may need for your I-601 waiver include:

1. Affidavits from you or other individuals
2. Police reports from any country you lived in
3. Complete court records about any conviction or charges from any country
4. If applicable, evidence of rehabilitation
5. Any evidence you may wish to submit to establish that your admission to the United States would not be against the national welfare, public safety, or national security
6. Medical reports
7. Proof of extreme hardship (if needed)

Immigration Lawyers Can Help You File an I-601 Waiver

The I-601 waiver application process can be complex and with the level of importance, it is highly recommended to speak with an immigration professional. It is crucial to have professional representation as immigration officials will examine your submission very closely! Book a consultation today with our immigration professionals to discuss your case!

Who Will Get DACA Benefits?

DACA (Deferred Action for Childhood Arrivals) is a US immigration policy that allows some individuals who are undocumented in the US after being brought to the country as children to receive a 2 year period of deferred action from deportation and allowed a work permit. Those who will start receiving DACA benefits will be those who are eligible for DACA but could not apply due to the Trump’s administration cut off in September 2017.

Legal Issues with the DACA Program

In June 2020, the Supreme Court ruled in a 5-4 vote that Trump’s administration’s 2017 decision to end DACA was legally flawed. A federal judge in Maryland is considering a motion to have the Trump administration declared in contempt of court for failing to reinstate the DACA program.

“The Supreme Court already ruled that President Trump’s attempts to unfairly punish Dreamers was unlawful, but now another federal court has ruled that this administration’s attempts to circumvent the courts in an effort to target and punish innocent young people is just as unlawful,” James said in a statement. “Time and time again, this outgoing administration attempted to use young immigrants as political scapegoats. … Our coalition will not hesitate to use every tool at our disposal to continue to protect these young people in every way possible. Si se puede!” – New York Attorney General Letitia James.

Do I Need to File an I-751 Form?

The I-751 waiver is only required for those individuals who married a US citizen and want to stay in the US but can not file for a joint request to get their permanent green card. Typically people that decide to file an I-751 waiver can be those who:

• their US citizen spouse is now deceased
• divorced their spouse
• emotional or physical abuse
• or any other reason one may not want to move forward with their new spouse.

Required Documents for Form I-751 Waiver

The Northwest Immigrant Rights Project provided several ways to prove that a marriage was truthful and not fake. The following documents are some examples you can provide to prove your marriage was in good faith.

• A “personal declaration” in which you describe, in great detail, how you met your spouse,
• why you got married, and the feelings that you had or still have towards him or her, and why.
• If you and your spouse have a child or children together, present the birth certificate for each child.
• Wedding pictures and/or photographs of other moments when you and your spouse, and/or other members of your family and friends have been together.
• Declarations (formal letters) from people who know you and your spouse and who can affirm that your marriage was based on sentimental or cultural ties, who witnessed your marriage ceremony, or who knew you as a married couple. These letters should include as many details as possible.
• Letters that you received from your spouse while you were dating, separated, or during any other stage of your relationship.
• Letters from people addressed to both you and your spouse, or in which the person who wrote the letter refers to both of you as a couple.
• Papers with the names of both you and your spouse that show that you bought a car, a house, furniture, or something else together.
• A rental agreement for your house or apartment with both of your names on it, or a letter from the building manager or owner proving that you lived together.
• Letters or statements from a bank that show that you had or have a savings or checking account together.
• Insurance papers that show that you were or still are covered by your spouse’s insurance plan, or that your plan covers or covered him or her.
• Bills, such as electricity, water, heat, cable TV, phone, or others that show both you and your spouse’s names.
• Income tax papers that show your name and your spouse’s name.
• An identification card that shows that you use your spouse’s last name.
• Applications or membership cards for video clubs, grocery stores, or similar businesses, that show joint membership for your and your spouse.
• Any other documents you can think of to show that you did not get married just to get immigration papers.

Each document submitted for proof must be in English or have an English translation attacched. You must also inform the USCIS of your address change within 10 days if you moved out of your spouse’s house. If you send any of these documents by mail make sure to send it through certified mail so you will have proof of receipt.

Process and Processing Time of the I-751 Waiver

1. Contact legal representation
2. Gather your paperwork and supporting documents
3. Your legal representation will make copies
4. Your legal representation will submit your documents, Form I-751, and filing fee
5. Your legal representation will receive a receipt notice
6. The receipt will extend your conditional status for 1 year
7. The USCIS will schedule your interview
8. Your representative will prepare you for your interview
9. You will be asked questions about why you are not filing jointly with your spouse
10. You will be granted lawful permanent residence in the US

Immigration Lawyer Can Help You File an I-751 Waiver

Most people who want to file an I-751 waiver decide to get legal representation because of the extensive requirements and documents. As you can see during the 10 step process of applying for the I-751 having legal representation is an important step. Getting an immigration lawyer to represent you can ensure you receive the best chance of getting your I-751 approved. Book a consultation today with our immigration professionals to discuss your case!

File for the I-130 Petition While Living Abroad

If you are a US citizen living outside of the United States and wish to bring your partner back to the US with you, you will first want to file for a Form I-130, Petition for Alien Relative.

When the Form I-130 is approved, it will be sent for consular processing and the consulate or embassy will provide notification and processing information.

After this step, you will have 2 visa options to choose from:

Apply for a K-3 Nonimmigrant Visa While Outside of the US

A K-3 visa allows the foreign national entry into the US while they await the approval of the initial immigrant visa. This visa was mainly made to reduce the separation between a US citizen and their spouse.

Usually, someone who applies for a K-3 visa will do so while waiting for a permanent resident (green card) visa.

K-3 Visa Eligibility

To successfully apply for the United States K-3 visa, both the US citizen and foreign national spouse must:

• Be legally married
• Meet all requirements of the International Marriage Broker Regulation Act of 2005
• Have a pending Form I-130

K-3 Visa Application Process

The United States citizen’s spouse must first file for the Form I-130 with USCIS. This is to make sure there is an appropriate relationship for the purposes of a family-based permanent residence application.

After USCIS starts processing the I-130 petition and you receive a receipt letter, the US citizen can proceed to file the Form I-129F Petition for Alien Fiancé (yes, this is the application for a fiance visa, but don’t be confused -what you’re applying for is a hybrid of the fiance and marriage-based visa). If you receive acceptance of Form I-129F, your case is then moved to the U.S. embassy or consulate in the foreign national’s country of residence.

The last step is applying for the K-3 visa through the embassy or consulate. This will also include a medical exam and a visa interview that the K-3 applicant should prepare for. Once the applicant gets approval of the K-3 visa, they may enter the United States.

Apply for an Immigrant Visa While Outside of the US

After filing for Form I-130, your visa case will be sent to the National Visa Center, where they will then send a packet of forms and instructions. The foreign-born spouse will then have to complete the forms and documents, pay the required fees, undergo a medical examination, and be fingerprinted for a criminal background check. The US citizen or green card holder will then need to present an Affidavit of Support, proving that their income is enough to keep their spouse off of public assistance.

If everything you have completed above comes back the way it should, the National Visa Center will then redirect the case to the appropriate United States consulate or embassy abroad. After this, the foreign-born spouse will be notified when to come in for an interview. You may both attend the interview, but you cannot bring an attorney.

If everything checks out, your spouse will be issued an immigrant visa. With this visa, your spouse can enter the U.S. as a permanent resident.

Are You Interested in Bringing Your Foreign-Born Spouse to Live with You In the United States?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals and consultants who work for Niren and Associates an award winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-888-317-5770.

Have a Question related to your Immigration Needs?

Click here to fill out the FREE Immigration Assessment form below and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

Effective August 28, as it becomes safe to resume more consular operations at each U.S. mission, posts are authorized to give K visa cases high priority.  Applicants should check the website of their nearest U.S. Embassy or Consulate for updates on what services that post is currently able to offer. The I-129F Petition for Alien Fiancé(e) is typically valid for four months; however, consular officers may revalidate the I-129F petition in four month increments.  For most cases impacted by the suspension of routine visa services or COVID-19 travel restrictions it will not be necessary to file a new I-129F petition.

This is great news for those who already submitted their K-1 visa applications and have been waiting for some time. Their applications may now be taking priority over others. The State Department had a few other announcements referring to prioritizing K-1 Visa:

• It is up to each consulate to determine whether their staffing and workload allow prioritization of K-1 visa applications.
• This announcement does not exempt K-1 visa applicants from the Presidential Proclamations banning visa issuance to persons within China, the Schengen Area, UK/Ireland, Brazil, and Iran.

Apply for a K-1 Visa Now for Prioritized Processing

If you’re interested in applying for a K-1 visa to bring your fiance to the US from a foreign country, then apply now! The flood of K-1 visas may start soon and you will want your application in as soon as possible. We highly suggest you consult with an immigration professional to determine your eligibility. They will also be able to complete your application where they will ensure you have the greatest chance of acceptance. Book a consultation with an immigration professional today!