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Overview of the Fiancé(e) Visa Process: I-129F Petition, K Visa

4/18/2014

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If you are a United States Citizen, you may petition for a visa for your foreign national fiancé(e), as long as you are both free to marry in the U.S. The petition is called I-129F fiancé(e) petition and the visa is often referred to as the K-1 visa. The visa is a non-immigrant visa so that you may bring your fiancé(e) to the U.S. and marry within 90 days of your fiancé(e)’s entry into the United States.     

If you plan to marry a foreign national outside the United States or your fiancé(e) is already residing legally in the United States, you do not need to file for a fiancé(e) visa, but instead would file for lawful permanent residency.

Generally, you will need to have met each other, in person, at least once within 2 years prior to filing your fiancé(e) petition. There are two rare exceptions to the rule for the in-person meeting that require a waiver and we recommend that you consult with an attorney to see if the exception applies to your situation. 

The fiancé(e) petition requires proof of a bona fide relationship and generally takes about 6 months to process with the U.S. Citizenship and Immigration Services (USCIS). If your fiancé(e) has children under the age of 21, you can also petition for them. If the child is yours, you would need to consult with an attorney regarding recognizing the child’s status. 

Once approved, the petition is then sent to the Consulate in the country indicated with the Department of States, where you as the petitioner will need to show proof that you can support your foreign national fiancé(e).  A medical examination before an indicated Civil Surgeon will be conducted and police clearances will be required in order for your fiancé(e) to be granted the visa. The fiancé(e) visa (or K-1 nonimmigrant visa) allows your fiancé(e) to enter the United States for 90 days so that your marriage ceremony can take place.

Once you marry in the U.S., your spouse may apply for permanent residence and remain in the United States while USCIS processes the application.  As part of this process, your spouse will need to again see a USCIS Civil Surgeon in the United States and prepare more forms, including further evidence that the petitioner (U.S. Citizen) meets the Affidavit of Support requirements.   Some common questions that arise are below: 

The spouse cannot obtain a Social Security number until he/she has either the Employment Authorization Document Approval or the Lawful Permanent Residency Card (i.e. green card). 

For employment, he/she also cannot work until he/she has either the Employment Authorization Document Approval or the Green Card. It almost always takes the 90 days to process the Employment Authorization document.  There is no maximum and sometimes it can take longer.  

For travel abroad, he/she cannot do so until he/she has the approved Advance Parole Document or the Green Card.  A K-1/K-2 visa is only valid for one entry and leaving before is problematic.

To ensure smooth and fast processing by USCIS, our immigration attorneys can work with you to ensure that all the forms, documents, and evidence are correctly prepared and filed with USCIS and give you the peace of mind that you are correctly following all procedures. Evidence gathering and presentation often will have a significant impact on the processing time. On average it takes about 90 days for the approvals of the work/travel permits and/or the scheduling of the interview if there is one.  

Once approved, the Green Card is granted for a conditional period of two years.  An application to remove the conditions on the residency will then be required within 90 days of the expiration date.  Please contact one of our attorneys if you have any questions regarding the Removal of Conditions petition. 

Disclaimer: Published on April 11, 2014 with latest available information. This is a blog article for general education and is not intended as legal advice. Please contact our attorneys for legal advice.
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On Immigration Reform - written on December 3, 2013

12/29/2013

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By Mark Harley, Schneck & Harley Immigration Law Group, LLP
Note:  The author is the immediate past chair of the Pittsburgh Chapter of the American Immigration Lawyers Association and is a partner in Schneck & Harley Immigration Law Group, LLP.  He also served as an Immigration Advisor to a Member of Congress.
The United States Congress has recently taken up the issue of Immigration Reform.  Some may recall that this was a hot topic several years ago, and was a key agenda item of former President George W. Bush.  However, due to a number of reasons that proposed reform stalled and never became law.

After the elections of 2012, both Democrats and Republicans again turned to the topic of Immigration Reform and it looked like the government was finally going to act.  Both parties recognized that the present immigration system is crippled and needs overhauled.  The question is how to do so?



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DOMA Ruling’s Impact on Immigration for Bi-National Same-Sex Couples

9/29/2013

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Updated on October 24, 2013:
"We are pleased to announce that our very own Attorney Mark Harley was informed today by the USCIS office that he attended Pittsburgh's first lawful permanent residency interview based on DOMA.  Congrats to the newly approved couple #YourImmigrationPartner"

   The 5-4 majority decision of the Supreme Court overturning the Defense of Marriage Act or DOMA looks to have major impact on immigration law, with many changes on the horizon. The Defense of Marriage Act (DOMA), enacted September 21, 1996 was a United States Federal Law that allowed states to refuse to recognize same-sex marriages performed under the laws of other states. 

   As of July 2013, there are thirteen states (California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington) that permit same-sex marriage. According to the last census, there are approximately 36,000 bi-national same-sex couples living in the United States. 

   The decision made by the Supreme Court does not guarantee a right to same-sex marriage, but it allows same-sex couples who live in the states that allow same-sex marriage to receive the same federal benefits as heterosexual couples.  


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Update to the Provisional Unlawful Presence Waiver Process (Form I-601A)

9/29/2013

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USCIS announced an update to the Provisional Unlawful Presence Waiver process beginning March 4, 2013. See their link (http://www.uscis.gov/provisionalwaiver) for information on Eligibility Requirements and Reasons Your Waiver May Be Revoked. 

The aim of this new program is to avoid having immigrant visa applicants who are spouses and sons and daughters of U.S. citizens be separated from their families for months or even years while their waivers are pending.

Now, these family members will obtain their waivers before departing the U.S., will be interviewed abroad, and will then return to their families in the U.S. within a shorter period of time.

While a step in the right direction, navigating through the eligibility requirements, understanding the DOs and DONTs, and completing the application (Form I-601A along with supporting documentation and evidence) still remains fairly complex. If you would like more information on this process, please reach out to us. We would be happy to be #YourImmigrationPartner. 
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