RapidVisa Blog

The poverty guidelines are the other version of the federal poverty measure. They, too, are issued every year, generally in the winter, but by the U.S. Department of Health and Human Services (DHHS) in the Federal Register. The guidelines are a simplification of the poverty thresholds created for administrative use, such as determining financial eligibility for certain federal programs. They are adjusted for families of different sizes and by geographic location (with different guidelines for the 48 contiguous states and the District of Columbia; Alaska; and Hawaii).

To increase efficiency, reduce operating costs and streamline the admission process, U.S. Customs and Border Protection (CBP) is automating Form I-94 Arrival/Departure Record process.  CBP will no longer require international non-immigrant visitors to fill out a paper Form I-94 Arrival/Departure Record upon arrival to the U.S. by air or sea. The traveler will be provided with a CBP admission stamp on their travel. 

Please be reminded that even though nonimmigrant visa fees are valid for one calendar year, options to schedule an appointment are limited.  The U.S. Embassy in Manila schedules hundreds of thousands of nonimmigrant visa appointments each year, and we must accommodate requests both for new appointments and for those applicants who need to reschedule their appointments for whatever reason.  Applicants are only allowed to reschedule twice (not including the initial appointment) without penalty.  If the second rescheduling attempt is canceled, an applicant will only be allowed to reschedule a new date after a waiting period of 90 days.  Please plan your visa application accordingly to avoid problems securing an interview appointment. http://manila.usembassy.gov/nonimmigrant-visa.html#8...

As part of ongoing commitment to improving customer service, USCIS has recently introduced new options for customers to obtain information and check on the status of their application electronically and has also expanded its call center hours.

  They expanded the capabilities of two of our online tools, My Case Status and e-Request, to provide these more flexible options:

My Case Status now allows customers to view the current status of applications they submit, no matter which USCIS form they used. My Case Status now lets them track, through our Secure Mail Initiative (SMI),...

Once your visa is approved, 2Go will either deliver your passport to the location you specified when you scheduled your appointment, or hold your passport at a 2Go office for you to retrieve. There are no extra fees associated with either aspect of this service - the cost for 2Go to deliver or hold your passport is included in the visa application fee. If you chose to collect your passport/visa at the courier office you will need to visit a 2Go office during normal business hours. To find the 2Go office nearest to you, use this link to find it: http://www.ustraveldocs.com/ph/ph-loc-passportcollection.asp Supporting Documents To collect your passport you must present your original (not a photocopy) government-issued photo ID. We recommend you also bring a printed copy of your appointment letter. Acceptable IDs are:

Driver's License Civil Service ID Professional Regulation Commission (PRC)...

For Philippine Customers you need to make sure that before going to St. Luke's for your medical examination, you should bring all the required documents. Regular Immigrants and K-Visa Applicants a. Valid passport b. Photocopy of Passport Biographic/Data Page, the page in the passport that contains the applicant's photo and information c. 3 pieces recent 2x2 visa photos (2 for submission to the U.S. Embassy, 1 for clinic file) The US Embassy requires you to bring the 2x2 photos for your visa issuance. We regret not to release the medical report until such time that you can provide this requirement. d. Appointment letter from the Embassy or Instruction letter from the National Visa Center (NVC), if available, e. 2 photocopies of your Appointment Letter/ Instruction Letter f. Applicants are also required to provide the name, address and contact number of their petitioner in the U.S.A. Minors (17 years old and below) must be accompanied by their parent or by a legal guardian who has thorough knowledge...

To petition your fiancé to come to the U.S. in order to get married, the United States citizen must file a K-1 Fiancé Visa petition with the USCIS. This is done by completing the I-129F petition package and mailing the completed I-129F petition package along with supporting documents and a check to the Department of Homeland Security in the amount of $340.

New Applications Please have all your original documents and IDs photocopied before going to DFA on your appointment date. GENERAL REQUIREMENTS Personal appearance Confirmed appointment Birth Certificate (BC) in Security Paper (SECPA) issued by the National Statistics Office (NSO) or Certified True Copy (CTC) of BC issued by the Local Civil Registrar (LCR) and duly authenticated by NSO. Transcribed Birth Certificate from the LCR is required when entries in NSO Birth Certificate are blurred or unreadable. (Report of Birth duly authenticated by NSO if born abroad) No need to submit a passport size photo Valid picture IDs and supporting documents to prove identity (Please refer to List of Acceptable IDs and List of Supporting Documents) NSO Birth Certificate Birth Certificate (BC) in Security Paper (SECPA) issued by the National Statistics Office (NSO) or Certified True Copy (CTC) of BC issued by the Local Civil Registrar duly authenticated by NSO depending on the NSO signatory. In Case...

If you have friends, family or a loved one living in the Philippines you will probably find it necessary to send mail or packages to them. There are few things that you will need to know and consider before sending mail and packages to the Philippines.

Like any other international shipments made outside the U.S., shipping a package to the Philippines may make it subject to Philippine Customs examination. You will want to check whether duties and taxes will need to be paid. And you may be required to fill out customs forms to list the contents and value of your shipment.

The United States Embassy in Ankara will implement new fee payment services.  These arrangements will reduce the cost of applying for a U.S. visa. Starting Wednesday December 19, 2012, applicants who wish to pay by cash will pay their visa application fees (MRV fee) in Turkish Lira at AK Bank. For convenience, AK Bank has 959 branches throughout Turkey. Alternatively, applicants can also pay their visa application fees by credit card in U.S. dollars online or through the automatic phone system. 

If you are submitting an immigration-related petition or an application to U.S. Citizenship and Immigration Services (USCIS), you will most likely need to pay processing fees that may include filing, biometrics or other fees. This article provides some guidelines and instructions for paying fees to the USCIS with a check.

If you have international travel in less than 2 weeks or need to obtain a foreign visa within 4 weeks, you are eligible to schedule an appointment at a one of our regional passport agencies in the United States. You may be required to provide proof of your travel at certain regional passport agencies. See the individual agency pages for additional information. Will call service is offered for life/death emergencies and immediate travel. The agency will determine how best to return the passport in order to meet the customer's documented travel plans. You can submit your application locally at a Passport Application Acceptance Facility using routine service or expedite service. In addition, the following regional passport agencies do not require any travel plans to apply (an appointment and the Expedite Fee are still required to apply): Arkansas Passport Agency Buffalo Passport Agency Colorado Passport Agency Detroit Passport Agency El Paso Passport Agency Honolulu Passport Agency Minneapolis Passport...

There's one mandated functions of the NBI is to act as national clearing house of criminal records and other information for use of all prosecuting and law enforcement entities in the Philippines, of identification records of all persons without criminal convictions. For a long time, the NBI clearance used the paper and ink method in the clearance application. Overtime, it shifted to the new clearance system known as the NBI Biometric Clearance System. It started on July 04, 2011 and continuously expands its operation by opening numerous satellite clearance centers nationwide. Presently, there 63 opening clearance centers nationwide, 16 of them are from regional and 22 from district offices, 11 are from Local Government Units and the rest are located at Malls, in Robinsons, Ever Gotesco, and at Duty Free Philippines. The following guidelines must be observed by the applicants: 1. Applicants are advised to observe proper dress code: shorts, sando, and slippers are not allowed. 2. Applicant should bring...

If a U.S. citizen plans to marry a foreign citizen, the most important advice we can offer is to begin the preparations early to bring the new fiance(e) or spouse to the United States. Depending on the circumstances, processing time can take as long as several months.  The preparation and timeline is even more critical when children will accompany or follow-to-join the principal visa holder in the United States.

What is a CENOMAR? It is a certification issued by the NSO stating that a person has not contracted any marriage. Also called a certificate of No Record of Marriage or Certificate of Singleness. A Certificate of No Marriage Record (CENOMAR)  from the National Statistics Office (NSO) is simply what its name implies.

In legal definitions for interpersonal status, a single person is someone who has never been married. A person who was previously married and was divorced or widowed is usually considered an "unmarried" person. If a marriage is annulled, however, or it is found to have been void ab initio (i.e. not valid in law to start with), and assuming the person was not married previously, that individual is single, rather than unmarried.

When requesting for a CENOMAR, the interested party shall provide the following information to facilitate verification and issuance of certification.

CENOMAR (Certificate of No Marriage) 

Complete name of the person Complete name of the...

A Birth Certificate from the National Statistics Office (NSO) is a vital record that establishes the birth of a child. It is an official form that gives details on the time and place of a person's birth, and his or her name, sex, mother's name and (usually) father's name. The word "birth certificate" can refer to either the original document or a certified true copy of or representation of the original record of birth document. The birth certificate is issued shortly after an individual's birth, after the mother's physician files the required forms with the appropriate government agency, usually the local civil registrar's office. The official birth certificate is stored at LCR where records are archived at the NSO. The birth certificate is used to authenticate one's identity and nationality, and assist with obtaining government-issued identity documents, such as a passport or driver's license. Holding a birth certificate makes it easier to prove citizenship in nations where citizenship depends upon location...

There are multiple ways to transfer money or funds from the United States to the Philippines. There are several things that you should look for when sending. First and foremost, you want to use a service that is safe and secure. The process should be convenient and fast without costing too much. Look for competitive fees as sending money internationally can be very expensive. You will also want to look for favorable exchange rates as all money transfers are subject to these rates.

Make sure to register your items before you leave the United States. If your laptop computer was made in Japan—for instance—you might have to pay duty on it each time you bring it back into the United States, unless you could prove that you owned it before you left on your trip. Documents that fully describe the item—such as sales receipts, insurance policies, or jeweler's appraisals—are acceptable forms of proof. To make things easier, you can register certain items with CBP before you depart— including watches, cameras, laptop computers, firearms, and CD players—as long as they have serial numbers or other unique, permanent markings. Take the items to the nearest CBP office and request a Certificate of Registration for Personal Effects Taken Abroad (CBP Form 4457). It shows that you had the items with you before leaving the United States and all items listed on it will be allowed duty-free entry. CBP officers must see the item you are registering in order to certify the certificate of registration. You can also register items with CBP at the international airport from which you’re departing. Keep the certificate for future trips....

The intention of a tourist or travel visa is a temporary visit for a specified amount of time. If you want to get married during your visit then return home before your visa expires that may be legal, but a travel visa should not be used with the intention of entering the United States to marry, stay permanently and adjust status. Using the K-1 Fiancé(e) Visa avoids all of the problems noted above, and is the most appropriate way for a foreign fiancé(e) to come to the U.S. to marry. 

Parents and children schedule appointments together, even if they plan to travel separately. Each family member needs a DS-160 application barcode and fee receipt, and each family member needs appointment.  If children are applying, both parents should interview with the child. If one parent cannot attend, please bring a no objection letter from the absent parent. If your children are not applying for visas, please do not bring them to the Embassy unless absolutely necessary. There is limited space in the waiting room and the added noise makes it difficult for other applicants to hear properly during their interviews.


Source: http://mumbai.usconsulate.gov/interviews-and-appointments.html

U.S. citizens may petition their fiancé(e) or spouse to join them in the United States. In some cases, the fiancé(e) or spouse may have children that will accompany or join-to-follow them. Many couples often ask if they are able to take their children out of the Philippines and what is required to do so.

Obtaining an employment verification letter from the US citizen sponsor’s current employer is highly recommended when providing evidence and proof of income for your Affidavit of Support. 

CBP is experiencing a delay in processing foreign visitors’ travel information into the I-94 database. This does not affect the majority of foreign travelers visiting for business or leisure and will not affect any visitor’s record of departure.Foreign visitors to the U.S. who need to prove their legal-visitor status—to employers, schools/universities or government agencies--during their first two months in the U.S. may need information in addition to the Form I-94 Arrival/Departure Record that they received from Customs and Border Protection (CBP). Currently, CBP is exploring automating the Form I-94 Arrival/Departure Record to allow for the collection of arrival/departure information electronically, which would streamline the arrival and inspection process for travelers. CBP is coordinating with other agency stakeholders and considering rulemaking. CBP has successfully automated other paper forms familiar to the traveling public. For example, by automating the Form I-94W—the Visa Waiver Arrival/Departure...

The Affidavit of Support is a legal contract between you (the petitioner for an immigrant visa applicant) and the US Government. It ensures that the visa applicant has adequate means of financial support and is unlikely to become a public charge after entering the US.

In sponsoring your family member to visit the U.S. for a short period of time, either you as the sponsor or the visa applicant must show sufficient income or adequate financial means to support the applicant while in the U.S.

Majority of foreign citizens come from the United States of America. The largest number of foreign citizens in the country came from the United States of America (29,959 persons). The next largest numbers came from China (28,750 persons), Japan (11,583 persons), and India (8,963 persons). Foreign citizens in the country reaches nearly 200 thousand

Based on the 2010 Census of Population and Housing (CPH), the number of foreign citizens in the country was 177,368 as of May 2010. They comprised 0.2 percent of the total household population.

Three in ten foreign citizens (31.1 %) were residing in National Capital Region (NCR) at the time of the census. Those residing in the Autonomous Region in Muslim Mindanao made up 22.3 percent of the total foreign citizens. Region III had 9.0 percent, Region IVA had 8.4 percent, and Region VII had 6.0 percent of...

A medical examination is required for all immigrant visas and some non-immigrant visas, as well as for refugees and adjustment of status applicants. The purpose of the medical exam is to determine if you have any health conditions that need attention prior to immigrating.

Below you will find a list of frequently asked questions (FAQs) regarding the medical examination that will be required.

When arriving at an airport, the airline will give all travelers some documents to complete while still en route to the United States. All travelers are required to complete a Customs Declaration form 6059B. Those travelers who are non-United States citizens and are requesting admission to the United States with a Visa will be given the Form I-94 (white), Arrival/Departure Record to complete. Those travelers who obtained authorization to travel via the Electronic System for Travel Authorization will not need to complete any additional forms. For more information on ESTA visit the Electronic System for Travel Authorization page. http://www.cbp.gov/xp/cgov/travel/id_visa/esta/ Upon arrival, the airline personnel will show you to the inspection area. You will queue up in an inspection line and then speak with a CBP officer. If you are a U.S. citizen, special lines may be available to you. If you are not a U.S. citizen, you should use the lanes marked for non-citizens. If you are a U.S. citizen, the officer...

Under U.S. immigration law, ALL applicants for immigrant visas are required to undergo and complete a medical examination, regardless of age. The medical examination findings by a panel physician are binding on the consular officer and used to determine eligibility to receive a visa. 

It is important that you must have completed your medical examination when you come to the Embassy for your visa interview. Otherwise, your visa application will be refused or you may be asked to return for another appointment. The medical examination results are delivered directly to the Embassy. 

The Immigration and Nationality Act (INA), which relates to the immigration, temporary admission, naturalization, and removal of foreigners, mandates that all immigrants and refugees migrating to the United States undergo an overseas medical screening examination performed by panel physicians.

This article is part 3 of a 5-part series and will cover the entry and exit requirements for U.S. citizens visiting the Philippines as a tourist. This article looks at the requirements for extending your stay, in the Philippines, beyond 59 days.

In the United States, the nine digits that make up your Social Security number (SSN) may be the most important numbers in your life. It's being issued to U.S. citizens, permanent residents, and temporary (working) residents. The number is divided into three parts. The  Area Number, the first three digits, is assigned by the geographical region.The middle two digits are the Group Number.The last four digits are Serial Numbers. They represent a straight numerical sequence of digits from 0001-9999 within the group.The SSN is generally required by financial institutions to set up bank accounts, credit cards, and obtain loans, partly because it is assumed that no one except the person to whom it was issued will know it. You need a Social Security number to get a job, collect Social Security benefits and receive some other government services. But you don't often need to show your Social Security card.You must present certain documents when you apply for a Social Security card. All documents submitted must be either...

This article is a compilation of Dos and Don’ts for fiancé(e) and spousal visa petitions. Follow these tips to avoid costly mistakes and unnecessary delays. Nobody can really move your petition along any quicker but there are steps you can take to ensure you have the best chance at getting your fiancé(e) or spouse to the U.S.

Restricted items include meats, fruits, vegetables, plants, soil, and products made from animal or plant materials.Agricultural pests and diseases are a threat to U.S. food crops and livestock. Some of these organisms are highly contagious animal diseases that could cause severe economic damage to the livestock industry and losses in production, which would mean increased costs for meat and dairy products. Other pests can affect property values by damaging lawns, ornamental plants, trees, and even homes.Definitely check with U.S. Customs before you decide what to bring. Be sure you know the origin of the items, not just the type of products. The U.S. Department of Agriculture (USDA) and the Department of Homeland Security (DHS) are partners in this effort to protect American agriculture against the introduction of foreign plant and animal pests and diseases at our nation’s ports of entry. USDA’s Animal and Plant Health Inspection Service (APHIS) develops the policies that determine what agricultural products...

The process of getting your fiancé(e) or spouse to the United States can be very complex and stressful. It can also be a very emotional time. Because of this it is imperative that you do everything possible to avoid costly mistakes and subsequent delays with your K-1 Fiancé(e) or IR-1/CR-1 Spousal Visa petition.

If you are a Principal Applicant, and been issued your immigrant visa (categories F1, F2A, F2B, F3, F4, FX, K1 or K3) and already in the US and have children who you would like to join you in the U.S., then you need to do the following steps: 1. Contact the Visa Information Center

Persons in the Dominican Republic must purchase a personal identification number (PIN) at any Banco Popular branch (either the equivalent of US$5.25 in Dominican pesos for five minutes of access, or the equivalent of US$16.00 in Dominican pesos for 15 minutes). The PIN will become active 24 hours after you purchase it. Then call 1-809-200-3232. Persons in the United States must call 1-877-804-5402, and the call will be charged to their credit card. The operator will collect information from you, explain procedures, answer questions, and communicate your request for...

 If you need to reschedule an appointment you need to notify the Embassy immediately by fax, email or mail . Every effort will be made to ensure that a more convenient appointment time is given. Members of a family who will receive immigrant visas at a similar time, but have received different appointment dates, are encouraged to reschedule the appointments together. Important note: Many immigrant visa files include documents with validity expiration dates, and most types of administrative processes expire within three months. Please make sure that the administrative process for the applicants will be valid on the new interview date before rescheduling. Also make sure to bring new copies of expired documents to the interview. Source: http://turkey.usembassy.gov/reschedule_appointments.html...

All applicants for nonimmigrant visas are advised to arrive at the Embassy gates at least an hour before their scheduled appointments and to be inside the Embassy at least 15 minutes before their appointments. You need to make sure that all necessary documents are available on the day of the interview to avoid any inconvenience or delay of your appointment. Although all applicants should plan to arrive early, we understand that sometimes unexpected events do occur.  A one-hour grace period may be granted to the applicant, depending on the circumstances. Applicants are only allowed to reschedule their appointments twice through the call center (not including the initial appointment) without penalty. If the second rescheduled appointment is canceled, an applicant will only be allowed to reschedule after a waiting period of 90 days. Please note that same-day and next-day expedited appointments...

If your stay will take you beyond the initial 21 days, you can visit a local immigration office and apply for an extension of 38 days taking your total stay, in the Philippines, to 59 days. This extension is not a visa and is referred to as a visa waiver. 

This article will cover the entry and exit requirements for U.S. citizens visiting the Philippines as a tourist. This article covers quite a bit of information so it has been written in a five-part series with the first part covering the initial requirements to enter and exit the Philippines without extending or requiring a waiver.

Holders of valid visas in expired passports need not apply for a new visa.  US visas are valid through the expiry date printed on the visa regardless of the passport’s expiry date.  Simply travel with both passports when entering the United States.

Source: http://manila.usembassy.gov/wwwhni25.html#06

Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer. Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview.


Reference: http://www.travel.state.gov/visa/a_zindex/a_zindex_4353.html

 Due to increased rates of TB infection in the U.S., the U.S. Government now requires more stringent testing and treatment of all applicants before they can immigrate to the U.S.
During the medical exam, the panel physician is required to test for TB.

Reference: http://bogota.usembassy.gov/immigrant_visas.html

 Access to Consulates and Embassy Grounds
For security reasons, visa applicants and American citizens are not allowed to enter the Consulates or the Embassy grounds with bags (with the exception of one small purse), cell phones or any other electronic devices.
Reference: http://brazil.usembassy.gov/immigrant-visas/contact-info/hours.html

A green card is issued to all permanent residents as proof that they are authorized to live and work in the United States. If you are a permanent resident age 18 or older, you are required to have a valid green card in your possession at all times. Current green cards are valid for 10 years, or 2 years in the case of a conditional resident, and must be renewed before the card expires.


Source:  http://www.uscis.gov/portal/site/uscis

St. Luke’s Medical Center Extension Clinic (SLEC) now offers online registration for those applying for a U.S. Immigrant Visa. This online service is to aid in the registration process and is expected to reduce registration time by having most of the applicant's information ready upon arrival at the registration area.

The USCIS assigned your immigrant visa petition a Priority Date when you filed it with USCIS. If you are unsure of your Priority Date, you should refer to the Approval Notice that you received from the USCIS.

Reference: http://travel.state.gov/visa/immigrants/types/types_1309.html#prioritydate2

Starting May 14, 2012, the medical examination fee for Adult U.S. Immigrant Visa Applicants (15 years and older) will increase from US$213.35 to US$223.00. The fee for children (below 15 years of age) is still US$185.00. The Medical Examination fee is inclusive of vaccines. Inter-specialist referrals, except psychiatric, shall be performed free of charge, provided that the specialist is available within the clinic. St. Luke's Medical Center Extension Clinic does not accept cheque or credit card payments. Fees must be paid in Philippine Pesos at the prevailing exchange rate. Exchange rates are provided by the U.S. Embassy Manila on a weekly basis.

Source: http://www.slec.ph/us-visa-applicants.shtml#medical-fees

...

Mission China will be closed for the upcoming holidays. Visa consular services will be closed October 1st through October 8th. The appointment call center will be closed from Monday October 1st to Thursday October 4th for Mid-Autumn Festival and Chinese National Day.  Have a nice holiday! Source: http://guangzhou.usembassy-china.org.cn/non-immigrant-visa-section.html

...

FOR NON IMMIGRANT AND IMMIGRANT VISA HOLDERS FROM THE PHILIPPINES.

As Filipinos going abroad as fiancé(e)s, spouses or other partners of foreign nationals, you are required to attend the CFO's guidance and counseling session in order to secure the Guidance and Counseling Certificate (GCC) and the CFO sticker.

Source: http://cfo.gov.ph/ (Commission on Filipinos Overseas)

Bank Payment Process Change: Review the new instructions for paying at the bank. Starting September 1, 2012, it will be necessary to bring the printed deposit slip to the bank for payment. The bank will not process your visa fee without the correct deposit slip.   Source: http://www.ustraveldocs.com/ph/ph-niv-paymentinfo.asp...

Effective April 13, 2012 the Department of State will be reducing it's processing fees for all immigrant visas plus the K-1 Fiancee visa.  The price of a Tourist Visa along with other nonimmigrant visa types will be going up. Type of Visa Previous Fee New Fee K-1 Fiancee $350 $240 K-3 Spousal $350 $240 CR-1/IR-1 Spousal $330 $230 IR-5 Parent $330 $230 Tourist $140 $160 Reference...

Today the USCIS announced today it will start printing the From I-797C on regular bond paper instead of the fancy green paper they have used in the past. In addition to saving the agency about $1.1 million dollars a year, they hope that by making the document less impressive it will reduce the public's perception that the form provides an immigration benefit or status. The I-797C is only used for the following: Receipt (notifies the customer that their payment and application/petition has been received by USCIS) Rejection (notifies the customer that their application/petition has been rejected due to incorrect information or payment) Transfer (notifies the customer that their case was relocated to another USCIS office for processing) Re-Open (notifies the customer that USCIS has approved a motion to re-open their completed case and it is being processed)...

Contrary to popular belief, the personal documents your fiancee takes to the interview in Kiev do not need to be translated as long as they are in Ukranian, Russian or English.  There are a lot of folks who don't want you to know this becasue they make good money charging for so-called "Certified Translations".  Here is the exact wording directly from the United States Embassy in Kiev: TRANSLATIONS: Documents in English, Ukrainian or Russian do not need to be translated. When you arrive for the interview, you MUST present all the original documents accompanied by an English translation, which is produced by a certified translator, only if the document is not in English, Ukrainian or Russian. To see this for yourself click here....

An exceptionally good video series by the US Consular Office in Manila.  This is a great resource for information on how the visa process works at the embassy!
Have questions about tourist visas? This might have your answers. The consular dispels a lot of myths & provides great insights to the inner working of the consular office.

 
My name was misspelled on my birth certificate. How do I request a police certificate from Hong Kong? Kuwait? Libya? & more...   ...Information from the US Embassy in Manila

The Bangkok embassy website continues to link to old instructions that say either to pay at the post office and mail in the receipt, or to pay at the embassy.  Both of these instructions are wrong.

The $350 Non-Immigrant Visa Fee can be paid at any of the over 250 Thai Post Offices.  However, instead of mailing in the receipt along with your other documents, applicants should bring the receipt to the embassy with them when they come for their interview.

Reference

A quick explanation of the different types of family-based immigration petitions. K-1 Fiancee Visa, CR-1 Spousal, IR-1 Spousal, & K-3 Spousal visas explained.

At selected U.S. embassies the old DS-230 Application for Immigrnt Visa and Alien Registration is being replaced by an electronic version of the form the State Department is calling the DS-260.

All visa applicants, regardless of age, need to complete a medical examination at the St. Luke’s Medical Center Extension Clinic (SLMCEC) before the visa interview. Applicants are advised to have their medical examinations done at least one week before their interview appointment at the U.S. Embassy in Manila.

Many organizations provide free immigration help to indigent individuals in immigration removal proceedings.  Most only serve aliens. 

If you need legal advice but can't afford an attorney, these agencies may be able to help.  The Department of Justice maintains a list of free legal service providers by state.  To find a provider in your area go here:

Department of Justice Legal Orientation and Pro Bono Program

The USCIS got around to updating the I-134 today.  The previous form had an expiration date of May 31, 2011.  It is quite common for the USCIS to let their forms expire before they get around to updating them.  This time they were pretty quick, posting an updated form only 9 days after the previous form expired.

To check out RapidVisa or any company on the web we suggest the following:

1. Do a search at the U.S. Patent & Trademark Office. All legitimate businesses will trademark their business name. You can do a name search here:
United States Patent and Trademark Office  (http://www.uspto.gov/trademarks/index.jsp)
Remember to search the company name, not the domain name. In this case search RapidVisa, not RapidVisa.com

Never do business with an online company that is not registered with the trademark office. This is a huge warning sign that may indicate they don't want the government looking into their business.

The CSPA was enacted on August 6, 2002, to provide a remedy for applicants who would have otherwise aged out (turned 21) and lost the possibility of gaining an immigration benefit.  The CSPA addresses problems with USCIS processing delays that are not within the control of children beneficiaries, which inevitably caused the beneficiaries to lose their status.  Although it does not protect all applicants, the CSPA ensures that certain family members who turn 21 will not be penalized due to USCIS processing delays.

Unfortunately there is one other document that the alien fiancée is requred to sign and that is the Fiancée Letter of Intent.  Some petitioners have reported being approved without the alien's signature on the Fiancée Letter of Intent, but there is no clear directive indicating this signature is not required.

The USCIS has announced expedited processing for certain Japanese nationals who are seeking U.S. immigration benefits.

Those eligible for expedited processing include:

• Extension of visas for Japanese nationals currently in the United States
• Extension of anvanced parole
• Expedited processing for F-1 employment
• Expedited processing for immediate relative petitions, such as the CR1 spousal visa
• Expedited employment authorization

See this USCIS notice for more information.

One of the requirements for the K-1 Fiancée visa from the Philippines is the Certificate of No Marriage, often called the CENOMAR or Certificate of Singleness.

The CENOMAR is obtained from the Philippines National Statistics Office, or NSO.  It is taken to the embassy interview and is not mailed to the USCIS with the initial K-1 petition.

You can obtain the CENOMAR online here.

 

Find a list of NSO office locations here.

All applicants for a K-1 Fiancée Visa, K-3 Spousal Visa or CR1 Spousal Visa from the Philippines will need an NBI clearance.   The NBI is the Philippine version of our FBI, and stands for National Bureau of Investigations. The image below is a sample of the NBI Clearance.

The key to a quick and successful K-1 Fiance visa is to provide every piece of information required by the USCIS and the U.S. Department of State. We see many examples of people being denied simply because they didn't provide everything necessary for approval.

The K1 fiancée visa is granted with the condition that you marry within 90 days of your alien fiancée's arrival in the U.S., as indicated on the I-94 Arrival/Departure record.

If you do marry your fiancée but it is after the 90 day period, it is still possible to do the Adjustment of Status and obtain the green card.  However, you will need to file the I-130 along with the I-485, and pay the I-130 fee along with the I-485 fee.

Be carefull because once the I-94 expires your fiancée is technically out of status, and the clock starts for the bar to reentry into the United States

Death certificates can be obtained on security paper (preferred method) from the NSO or at www.ecensus.com.ph. 

Certified copies can be obtained from local civil registrars.  As in the cases of birth and marriage, certificates of deaths occurring since 1946 are obtainable from the National Census and Statistics Office. Death certificates before 1946 are maintained at the National Archives Division, National Library Building at T.M. Kalaw St., Ermita, Manila. Issuance of a death certificate takes approximately five working days for which there is a fee of 115 Pesos in person or 200 Pesos by mail.

Divorce was recognized in the Philippines between March 11, 1917 and August 29, 1950; since the latter date, courts have been empowered to grant legal separation (annulment) but not divorce.  Even during the period of legal recognition, divorces were rare in the Philippines because of limited legal grounds for granting divorces. Certified copies of the divorce certificate can be obtained from the appropriate court.  

In the case of a K-1 nonimmigrant who marries the petitioner within 90 days of
admission, the K-1 nonimmigrant (and any K-2 children who are otherwise eligible) may
obtain adjustment of status without the need for Form I-360, just as they would have
been eligible for adjustment without Form I-130, if the petitioner had not died. 

All K1, K2, K3 and K4 visa applicants must submit a completed Electronic Visa Application Form. The Electronic Visa Application Form must be filled out online at http://evisaforms.state.gov. After filling out the form online, applicants will be able to print a copy of their visa application form, which will include their data in a barcode format.

In a criminal complaint filed in U.S. District Court in Boston today, Aftab Ali, aka Aftab Ali Khan, 28, formerly of Watertown, Mass., was charged with immigration fraud and making false statements.

The final ruling has been announced for the November 23, 2010 USCIS fee increases.  The filing fee for the K-3 Spousal Visa will go up from $355 to $420.  However, the filing fee for the K-1 Fiance Visa is going down from $455 to $340.

The embassy will send you a list of documents that will normally include the following:

● Valid Passport, 2 visa photos and a photocopy of passport’s personal information pages. Each applicant must have a passport valid for at least 8 months beyond date visa is issued.

● Two copies of the DS-156 form in English with original signatures. Chinese nationals must also fill out Items 6, 7, 8, 9, 15, 18, 20 in both English and Chinese and must provide the telegraph code for their Chinese surnames and given names while filling out Items 6 & 7, which can be found at most Chinese post offices.

The following are the authorized clinics for the embassy medical exam.  You must have your embassy interview letter to schedule your medical exam.  You must bring with you your passport and four passport photos.  Your medical exam must be complete before your embassy interview.

Don't do it unless you have a very good reason!  This will void your K-1 petition and you will have to start all over and file a K-3 petition.  It is not possible to "change" a K-1 to a K-3.

If you are pregnant you must present a notarized letter from the petitioner stating he/she is aware of the pregnancy and still wishes to proceed with the proposed marriage.

U.S. Citizenship and Immigration Services announced a change in filing location instructions and addresses for the Petition for Alien Fiancé(e) (Form I-129F) back in June, 2010. The new instructions, dated 6/14/10, are part of an overall effort to transition the intake of forms from Service Centers to USCIS Lockbox facilities.  Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications/petitions and fees.

• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.  • Birth certificate  • Divorce or death certificate of any previous spouse for both the applicant and the petitioner  • Police certificate from all places lived since age 16  • Medical examination  • Evidence of financial support (Form I-134, Affidavit of Support may be requested.)  • Two Nonimmigrant Visa Applications, Form DS-156 (A Form DS-156, prepared in duplicate.)  • One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K  • Two passport photos (each two inches 50 X 50 mm square, showing full face, against a light background)  • Evidence of a fiancé relationship  The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated....

The K visa statistics are out for 2009.  K-1 Fiance visas continue the downward trend that started in 2006 after a record year of 32,900 in 2005.  K-3 Spousal visas are about the same as last year but have been trending down since the peak of 17,864 in 2004.

Probably.

Your dependent children are members of your household, even if they live part of the time with your former spouse. A parent almost always has a legal obligation to support his children. Although you may not be legally entitled to claim the child as a dependent on your tax returns, the child must be considered as part of your households for purposes of the Affidavit of Support, unless you can show that you are no longer has a legal obligation to support the child.

No. The sponsor just has to sign the form. You should know however, when the sponsor signs an Affidavit of Support form, he/she certifies that the information provided, transcript and/or photocopy of tax documentation is true and correct, under penalty of perjury.

The K1 and K3 medical exam will take place at a doctor's office, hospital or clinic that has contracted with the U.S. government to provide such services.  This will be a local provider and not a United States medical facility.  The embassy will have the local provider sign the agreement below which spells out the requirements for the medical exam.

You are not required to receive any shots at your medical exam.  However, you will need the shots before you can adjust your status to get your green card.  Since the cost of your K1 or K3 medical exam normally (but not always) includes these shots, you would be wise to get them at that time.  These injections can be very expensive once you get to the states.

Yes, with some limitations.  Here is the law:

 

(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or

more applying aliens; and

(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such

previously approved petition.

Yes, with some limitations.  Here is the law:

 

(i) the petitioner has not, previous to the pending petition,

petitioned under paragraph (1) with respect to two or

more applying aliens; and

(ii) if the petitioner has had such a petition previously

approved, 2 years have elapsed since the filing of such

previously approved petition.

Update: Note that these income requirements apply to the Adjustment of Status process.  For the actual K1 or K3 interview using Form I-134 Affidavit of Support, you only need to show an income of 100% of the poverty level for your household size.

If H.R.4321, Comprehensive Immigration Reform ASAP Act of 2009 passes unchanged, the income requirements for sponsoring a K1 fiance or K3 spouse would change from 125% of the poverty level to 100% of the poverty level. Here are the actual proposed changes.

One of the many new rules in the proposed Comprehensive Immigration Reform ASAP Act of 2009 would positively impact K1 and K3 applicants. The new rule impacts children of K1 and K3 aliens who join the beneficiary on a K2 or K3 visa.  The new rule would allow the child to use his age as of when the K1 or K3 petition was filed for purposes of getting a green card (adjusting status).

No.  You must be free to marry before you file a K1 or K3 petition.  You must include a copy of your divorce decree with your petition when you mail it to the USCIS.

You cannot reside in the U.S. on a tourist visa or Visa Waiver while waiting on a K1 Fiance visa or K3 Spousal visa.  However, you can make a temporary visit using a B-2 tourist visa or on the Visa Waiver Program.

You will need to prove to the consular officer reviewing the application that you intend to return to your country when your tourist visa expires.  The consular officer will consider the pending K1 or K3 petition as a factor and may deny your visitors visa if he is not convinced that you will return home.  Even if you are issued a tourist visa, the immigration inspector at your port of entry can still deny your entry if he feels you do not intend to leave.  For example, if you show up at the inspection station with a pending K1 visa and far more luggage than an average tourist would have, the inspector may suspect that you do not intend to return to your home country.  You can be denied entry even though you have a valid tourist visa.

Yes, headgear can be worn in the passport photo if the person wears it for religious reasons, and normally wears it everyday. Here is what the USCIS says:

Unless worn daily for religious reasons, all hats or headgear should be removed for the photo. A signed statement from the applicant must be submitted with the application verifying the item is worn daily for religious reasons. In all cases, no item or attire should cover or otherwise obscure any part of the face.

The filing location for Form I-129F, Petition for Alien Fiance will be changing in June, 2010. Currently the I-129F is sent to either the Vermont or California Service Center, depending on the Petitioner's address. Beginning in June, 2010, the USCIS will transition the intake function for this form to one of the Lockbox locations.

This is a common question. The answer is no. There is no gray area in the law. This is one of the most stubborn myths surrounding U.S. immigration. The reason so many people believe this can be done is because some people get away with it. Many people feel very passionately that this is a perfectly acceptable method of bringing a fiance or spouse to the United States. When you come to the U.S. with a tourist visa, or on the visa waiver program, you are telling the U.S. government that you are coming for a visit and will be leaving when your tourist visa expires. If you stay beyond the expiration of your visa, you are out of status and subject to arrest and deportation. Filing for an adjustment of status (green card) does not change your status in any way and does not allow you to stay in the U.S. while waiting for your green card. Just getting married to a U.S. citizen gives you no rights at all as far as staying in the U.S. is concerned. If you have a valid visa that allows you to stay in the U.S. and does...

Many people ask us if there is a way to expedite their K1 Fiance Visa, or K3 Spousal Visa. Unfortunately, unless you are in the U.S. military it is not possible to expedite the process once your petition is mailed to the USCIS.

The best way to expedite your K1 Fiance Visa or K3 Spousal Visa is to prepare your petition completely, accurately and neatly. A complete petition will eliminate the need for the USCIS to send you an RFE (Request for Evidence). A neat petition will help the reviewer quickly process your application.

The USCIS asks you to submit 2 inch by 2 inch passport photos for both you and your foreign fiance or spouse. However, getting 2x2 passport photos from most foreign countries is difficult to impossible, partly because most countries use the metric system.

We have helped people from all over the United States bring their fiance to the U.S. from many countries all over the world. Many people are understandably worried that something may cause them to be denied.

The income requirements for the Form I-134 are that you show an income of at least 100% of the poverty level. However, when your wife or fiance arrives in the United States and you are ready to file the Adjustment of Status to get the green card, you will use the Form I-864 which requires you show 125% of the poverty level for your household size.

There are two ways to book an interview appointment: through the Embassy call center or through the VisaPoint™ system.

Scheduling an appointment through the Embassy call center

These telephone appointment systems are available Monday through Friday from 8:00 a.m. to 6:00 p.m., Philippine time, except Philippine holidays.

1-909-101-7878

After check-in of applicants at the entry gate, applicants will proceed to the Pavilion where they will submit their documents for data entry. Each applicant will receive a number. When you number is called, you proceed to the appropriate window for finger scanning. After finger scanning, documents including the DS-156 application for a nonimmigrant visa, and passport, will be returned to you for presentation to the interviewing officer.

After filing a K-1 Fiance Petition or any other type of application with the USCIS, you will receive a Notice of Action on form I-797. The first block on this form lists your USCIS case number (although the form calls it a Receipt Number.

If your K1 Fiance Visa is denied, you will receive a denial letter telling you how to appeal. You will only have 33 days to appeal, so don't waste any time. Many denials are overturned by the Administrative Appeals Office, so don't give up.

The latest data available is for 2008. In that year 29,916 people entered the United States on a K1 visa. That is down from 32,991 in 2007 and 30,021 in 2006. In the K3, spousal visa category 12,849 visas were issued in 2008, also down from 2007 when there were 15,065 K3 visas issued.

Many of you have noticed the the latest available Form I-129F, Petition for alien Fiance has expired as of January 31, 2010. This form was issued July 30, 2007.

According to the USCIS, they are still accepting the 07/30/07 even though the form indicated it is expired. They have asked the Office of Management and Budget (OMB) to extend the life of the form. There are no plans to revise the form. Once the OMB approves the extension, the form will be reissued as it is, but with a new expiration date.

So don't worry about that expiration date. In fact, the older form, issued November 24, 2006 is also still accepted.

Fast & Easy K1 Fiance Visa Petition $299

If the USCIS feels you have a medical condition which would put United States citizens at risk, they will declare you inadmissible. The technical term used for this by the USICS is “Medical Grounds of Inadmissibility”.

The conditions that can get you banned from entry to the United States are:

No.

We get this question a lot. I think the only reason people even think about using a lawyer for the Fiance process is because you see so many advertisements from lawyers for K-1 processing.

It is amazing to me that there are so many lawyers in this industry. Before I go much farther, let me say that I am not a lawyer basher. There are times when you absolutely need a lawyer and a good lawyer can work wonders. But it always amazes me that people would pay a lawyer to prepare a K-1 Visa petition. It is kind of like using a lawyer to get your driver’s license…it just doesn’t make sense.

Also known as Form I-94, Arrival-Departure Record. The Department of Homeland Security, Customs and Border Protection official at the port-of-entry gives foreign visitors (all non-U.S. citizens) an Arrival-Departure Record, (a small white card) when they enter the United States.

Normally I like to stick to family visa issues. However, lately there h ave been a lot of discussions around H-1B visa fraud. The H-1B visa is intended to provide skilled labor to U.S. businesses that can't find skilled American citizen (or permanent resident) workers to fill jobs in their area.

On April 21, 2009 the Administrative Appeals Office rejected the appeal of a K1 petitioner who wanted to use a future visit as proof of meeting her fiance within two years of filing her I-129F.

Here is another case where the Vermont Service Center denied a K-1 nonimmigrant visa petition because the U.S. citizen petitioner had not met his fiance within two years of filing his I-129F.

This seems like such an easy rule to understand but is probably the number on reason for denied appeals. In this case the U.S. citizen from Brooklyn, New York filed his Petition for Alien Fiance application (I-129F) with the USCIS on May 19, 2008. Doing the math we see that he would have to have seen his fiance in person sometime between May 19, 2006 and the filing date.

There are many reasons a K1 visa could be denied. However, before you ever get into the detail of the process, make sure you meet these three basic requirements:

In general, if you were admitted as a non-immigrant, can apply to extend your stay in that nonimmigrant category or change to another nonimmigrant category. However, there are a number of requirements, and these services are not available to all nonimmigrant categories or in all circumstances.

This one gets a surprising number of people. The rule is pretty simple. You need to have met your fiance in person sometime during the 24 month period ending on the date you file your K1 visa request (I-129F). The actual language is from Section 214(d) of the Act, 8 U.S.C. 5 1184(d) and reads in part that a fiance petition:

…shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within two years before the date of filing the petition…

Today I want to talk about a K1 Visa applicant who was successful in her appeal. This is a great case because it dispels two widely held myths. Here is where the first myth is destroyed. The Administrative Appeals Office ruled that a couple need not have an existing relationship to qualify for a K1 visa. Yes, you read that right. The law only requires that you have a bona fide intent to marry and that you are willing and able (legally) to marry within 90 days of entering the U.S.

Well here is another case of somebody sending in a Petition for Alien Fiance with no supporting documents. The I-129F instructions are very clear on what supporting documents you must attach to your petition. Here is a shortened version of what you find on pages 2 & 3 of the I-129F instructions:

Today’s case involves an appeal that was neither sustained nor rejected. The Administrative Appeals Office instead sent the case back to the director who denied it. We don’t see many of these, but they do happen.

In this case, the U.S. citizen petitioner applied to the Vermont Service Center for a K1 visa for his Moroccan fiance. Unfortunately the petitioner didn’t submit any supporting evidence. The form I-129F is pretty clear about what supporting evidence is required and therefore it should be no surprise that this petition was denied. On appeal, the petitioner provided copies of his U.S. passport and naturalization certificate, passport photos for him and his fiance, the G-325A’s, his divorce decree and proof of having met in person in the last two years.

Today the Administrative Appeals Office processed yet another Petition for Alien Fiance that did not include proof of having met in person within two years of filing the I-129F. In this case, the U.S. citizen male applied for a K1 visa for his Philippine fiance. However, he neglected to include any supporting documents with the I-129F.

This question is asked a lot. Unfortunately it is not possible to extend the Fiance Visa. There are many reasons why a person might want to extend their visa. One common reason is to allow time to plan and finance a large wedding.

The basic requirements for filing a K1 Fiance Visa Petition are as follows:



Complete Form I-129F, Petition for Alien Fiance
Provide proof that you are a citizen. Green card holders cannot use the Fiance Visa process.
Provide From G-325A for both you and your fiance.
Proved color passport-style photographs for both you and your fiance.
Provide copies of divorce decrees, death certificates or annulment decrees if they apply to you or your fiance. Provide proof of permission to marry if either of you are subject to any age restrictions due to your youth.

On January 2nd of this year, the Administrative Appeals Office denied the appeal of a man seeking to bring his Dominican Republic fiance to the United States.

The petitioner submitted only the I-129F and a G-325A for himself. The Vermont Service Center denied his petition for lack of supporting documents. The petitioner appealed and provided a copy of his birth certificate, a death certificate from his second wife, a copy of the divorce decree from his first marriage, passport photos for him and his fiance and photos of him and his fiance together. He also sent copies of receipts for money orders and for clothing he purchased for the family.

The Administrative Appeals Office denied his appeal because he failed to provide a G-325A for his fiance.

It is amazing how many people leave out necessary documents.

A naturalized citizen of the United States filed a K1 Fiance Visa petition for his fiancé in Afghanistan. At first he said he had met his fiance four years ago. He said he couldn’t travel to Afghanistan because of his poor health. He said the last time he went there he got very sick and so he didn’t want to go again.

A female petitioner filed a K1 Fiance Visa Petition for her fiance in Pakistan. The petition was denied by the Vermont Service Center because she had not met him in the past two years

Your health does not come into question at all in the petition process

K-1 Petitions

In general, if you were admitted as a non-immigrant, can apply to extend your stay in that nonimmigrant category or change to another nonimmigrant category. However, there are a number of requirements.

Admission or entering the U.S., by non-United States citizens must be authorized by a CBP officer at the port-of-entry, who determines whether you can enter and how long you can stay here, on any particular visit

In March 2008, DOS issued guidance to its posts on implementation of IMBRA including the need to disclose petitioner criminal conviction information for certain offenses and information related to any protection orders related to the petitioner. The guidance also states that after providing any related criminal history information, consular officers should give the applicant time to decide if he or she still wishes to proceed with the visa application process

Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status. Individuals must be approved for Advance Parole before leaving the United States. Travel outside of the United States without advance parole may have severe consequences for certain individuals who are in the process of adjusting their status. Such individuals may be unable to return to the United States, their applications may be denied, or both.

A document promising that the person who completes it will support an applicant financially in the United States. Family and certain employment immigration cases require the I-864 Affidavit of Support, which is legally binding. All other cases use the I-134 Affidavit of Support.

Applicants may be deemed ineligible for any of the following reasons:

Health-related grounds
Criminal grounds
Security and Related Grounds
Likely to become a Public Charge
Labor Certification & Qualification
Illegal Entrants and Immigration Violators
Documentation Requirements
Ineligible for Citizenship
Aliens Previously Removed
Miscellaneous such as Practicing Polygamists, Unlawful Voters, Former citizens who renounced citizenship to avoid taxes

Also known as Form I-94, Arrival-Departure Record. The Department of Homeland Security, Customs and Border Protection official at the port-of-entry gives foreign visitors (all non-U.S. citizens) an Arrival-Departure Record, (a small white card) when they enter the United States. Recorded on this card is the immigrant classification and the authorized period of stay in the U.S. 

EAD: This document proves you are allowed to work in the United States. If you are not a citizen or a lawful permanent resident, you may need to apply for an Employment Authorization Document (EAD) to prove you may work in the United States.

Before the issuance of an immigrant visa, every applicant, regardless of age, must undergo a medical examination which must be performed by one of a panel of doctors authorized to complete the medical examination and x-ray of U.S. visa applicants. Applicants are provided instructions by National Visa Center

Office established in the U.S. Department of Justice by the Immigration Reform and Control Act of 1986 to provide remedies for immigration-related discrimination related to employer sanctions and employment verification. The office provides a mechanism for dealing with discriminatory employment practices, including hiring and discharge from employment based on citizenship status or national origin.

A Permanent Resident is a person who has been granted permanent resident status in the United States and has (or is waiting for) a Permanent Resident Card.

Social Security numbers are used for a variety of purposes such as for the individual’s taxpayer i.d. number, for bank and other financial accounts, and as Social Security and Medicare account numbers.

Visa Types, Immigrants

Immediate Relative and Family Sponsored Employer Sponsored Special Immigrants  Visa Types, Non-Immigrant 



Temporary Business or Tourism (B) Student or Exchange Programs (F, M, J) Journalists (I) Visas for members of the entertainment profession (O & P) Religious Occupations (R) Crew Members and/or Transit (C1/D, C1) ...