You may be able to get married, but the USCIS and Department of State are not going to accept that as a legal marriage. In order to legally marry and receive an immigration benefit with USCIS and Department of State, you have to be legally married. And in order to do that, you have to prove that all prior marriages were legally terminated (by death, divorce or annulment).
Read More »Should I Send Originals or Copies of Supporting Evidence to USCIS?
You should never send original supporting evidence to the USCIS, unless they specifically ask for it. Always send a photocopy. The USCIS won’t return you your original supporting documents back either, so be prepared to never see them again if you send those in.
Read More »2018 Update to Adjustment of Status Process (Medical Exam)
The USCIS announced last week that effective November 1st, 2018, they will require applicants to submit form I-693 Report of Medical Examination and Vaccination Record that is signed by a civil surgeon no more than 60 days before filing the underlying application for immigration benefit. This applies to the adjustment of status or application to register […]
Read More »What’s the Best Evidence for K1 Visa Sponsor Income?
For K1 they require 100% of the poverty level, but that does go up to 125% once you get here and apply for the adjustment of status after you get married.
The best evidence is 3rd-party evidence, such as W2s, pay stubs, tax transcripts, etc. Anything that is impossible to generate yourself and is provided by a reliable 3rd-party is going to be the best evidence.
Read More »Should I Wait To File Adjustment of Status? (K1 Fiance Visa)
If you do not adjust status, your former fiance/current spouse is going to be in unlawful status. That doesn’t necessarily mean that she is going to be in any trouble, but you do want to apply for an adjustment of status as soon as possible.
Read More »Immigrant vs. Non-Immigrant “Intent” (U.S. Visas)
What's the difference between immigrant and non-immigrant "intent"? The type of visa is determined by the purpose of the travel to the United States. Immigrant Visa An immigrant visa is for someone that intends to immigrate to the US or permanently live in the United States. Most immigrant visas have a path to citizenship after a number […]
Read More »New Policy: Trump Admin Will Deny Rather Than Issue RFEs
In a disturbing memo issued by USCIS (PM-602-0163) on July 13, 2018, we were made aware of a new policy which will make it much easier for the Trump Administration to issue denials for legal immigration cases across the board (with the exception of DACA), including fiance visas, spousal visas, green card applications and more.
Read More »Will USCIS or a U.S. Embassy Look at My Social Media?
“I’ve read they passed a bill on where they go into your social media after interview, which would prolong the process, and that’ll effect a lot of K-1 Visas and my fiance is from the Philippines.”
The government has always had that authority to investigate pretty much anything.
Read More »What is “Extreme Vetting” & How Do I Prepare For It?
New standards are being rolled out that are designed to basically make it harder to immigrate to the US. The process to immigrate has always included a quite extensive vetting process, but these new measures are likely going to make it even harder.
Read More »Visa Waiver Program
The Visa Waiver Program is a program the US has set up that allows most citizens from certain countries to travel to the US for tourism or business up to 90 days without the need for a visa.
To travel on Visa Waiver, each traveler must have Travel Authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound flight.
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