Marriage Based K Visa Immigration to the USA
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Archive for the ‘General Immigration’ Category

Visa Processing Times Steady, Adjustment of Status Processing Slowing Down

Tuesday, July 22nd, 2008

Over the past 18 months K1, K3 and IR1/CR1 Visas have taken roughly the same period for US Citizens to petition and for their beneficiary to receive. However once the visa holder arrives in the US the amount of time for processing their Adjustment of Status (AOS) has increased nearly two fold (100 to 200 days on average) since March 2007. If this trend continues application times will only get longer. This increase comes in spite of increased efforts by the USCIS to streamline their processing of Adjustment applications. On a good note, the processing times of Advance Parole and Employment Authorization Documents have remained in check. These documents allow AOS petitioners to work and travel outside the US while their Adjustment application is being processed.

Dept of State to Replace Several Forms with new I-160

Tuesday, July 15th, 2008

DS-160 (NEW): Coming Soon. The new DS-160, Nonimmigrant Visa Electronic Application, will eventually replace current nonimmigrant application forms DS-156, 157, 158, and other related forms, such as the DS-156E, 156K, and 156V. The roll-out of the new DS-160 will be gradual. Therefore, not all U.S. Embassies and Consulates will be required to use the form at the same time. Learn More. Check back later for an implementation announcement which will appear here. The upcoming announcement will indicate when specific Embassies will require nonimmigrant visa applicants to use the new DS-160.

The new DS-160, Nonimmigrant Visa Electronic Application, is a fully integrated online application form that will be used to collect the necessary application information from persons seeking a nonimmigrant visa. The DS-160 will be submitted electronically to the Department of State via the Internet. Consular Officers will use the information entered on the DS-160 to process the visa application and, combined with a personal interview, will determine an applicant’s eligibility for a nonimmigrant visa.

Important Notice: The new DS-160, Nonimmigrant Visa Electronic Application, is currently being used only at a few selected U.S. Embassy/Consulate locations. An announcement will appear here when the Department of State is closer to full implementation.

http://travel.state.gov/visa/frvi/forms/forms_1342.html

USCIS Clarifies Language in Form I-751 Transfer Notices Sent to Petitioners

Saturday, June 7th, 2008

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today it will revise language in transfer notices received by petitioners who filed a Petition to Remove Conditions on Residence. The current notice includes language that may cause petitioners to believe their cases have been approved.

USCIS announced last month that it is revising filing instructions for Form I-751 to require filing at the California or Vermont Service Centers. Until the form instructions are revised, any petitions filed with the Nebraska and Texas Service Centers will be transferred to California and Vermont, respectively. When USCIS enters data at one service center and later transfers the case to another, a Transfer Notice is sent to the petitioner advising him or her that the case has been transferred for adjudication and that they will be notified of the final decision.

The current transfer notice currently contains the following phrase: “CRI89 approved removal of conditions (I89).” That statement means that the biometric portion of the case has been successfully transferred; it does not, however, mean that the petition itself was approved.

(more…)

Trapped in paradise: K1 Visa Couple Stranded Overseas due to Consulate Denial

Thursday, June 5th, 2008

Independence, MO — It is in their fate that Chuck Bennett and Teresita Aldana be married.

And they almost were.

“I love Teresita more than anything,” says Bennett, a resident of Independence. “All I want is to call her my wife and have her at my side for the rest of my life.”

But America’s immigration system won’t allow it.

For the past several weeks the couple has been in Juarez, Mexico – stranded. Wondering whether they can change the opinion of a consulate officer who saw pictures and a marriage license and deemed them already married (note: they were not however the officer did not beleive their proof — a certified letter from the Mexican government stating they were never married).

“We played by the rules, and now we’re paying for it,” Bennett says.

The couple was set to be married – having even completed a nine-month marriage preparation course – but was told it was illegal for Aldana, a Mexican national, to marry while in the United States on a tourist visa.

“We were informed that she needed a K-1, or fiancé visa, so she applied for one last year,” Bennett says.

Many months later, the fight has