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Articles Posted in Fiance visa news

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers your frequently asked questions relating to K-1 visas, the National Visa Center, and consular visa processing during the ongoing Coronavirus pandemic.

Want to know more? Keep on watching for more information.


Your Frequently Asked Questions


Q: How can I contact the National Visa Center?

A: Once your Form I-130 Petition for Alien Relative has been approved, your case will be transferred to the National Visa Center for further processing. Once pre-processing has been completed, your case will be forwarded to the U.S. Consulate or Embassy near you. At the NVC stage, you will be asked to provide additional supporting documentation including the affidavit of support, Form DS-260 Immigrant Visa Electronic Application, and other important documents.

To ensure all of your supporting documentation has been received it is very important to maintain contact with the National Visa Center.

You may contact the NVC by email at NVCinquiry@state.gov or by telephone at 603-334-0700.


Q: Will immigration consider my priority date or approval date for interview?

A: For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS.

Depending on the type of relationship you have to the U.S. petitioner, you may need to reference your priority date to determine when an immigrant visa (or green card) will become available to you.

Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available. Immediate relatives include:

  • The spouses of U.S. citizens;
  • The children (unmarried and under 21 years of age) of U.S. citizens;
  • The parents of U.S. citizens at least 21 years old; and
  • Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before they died, or if the widow(er) files a petition within two years of the citizen’s death.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick updates you regarding the status of K-1 visa interview scheduling at U.S. Consulates and Embassies worldwide, as well as the status of a new lawsuit that seeks to push K-1 visa cases through the pipeline.

Want to know more? Keep on watching for more information.

Overview

Since the beginning of the Coronavirus pandemic, U.S. Consulates and Embassies abroad have refused to schedule K-1 visa applicants for interviews and have instead opted to prioritize interview scheduling for certain spouses of U.S. Citizens. As a result, thousands of couples have remained separated for months on end with virtually no end in sight. This has been a very puzzling phenomenon given that foreign fiancés should be given priority for visa issuance based on their qualifying relationship to a U.S. Citizen. In some cases, K-1 visa applicants have had their interviews cancelled with no follow-up from the Consulate or Embassy regarding future rescheduling, while in others K-1 visa applications have not moved past the NVC stage for interview scheduling.

In our own experience very few K-1 visa applicants have received visa interviews and the cases that have been prioritized are because of serious medical emergencies or other urgent needs. We have been successful in receiving interviews only where the applicant has received approval for expedited processing.

In an unexpected turn of events on August 30, 2020, the Department of State released a cable stating that effective August 28th K-1 visa cases would receive “high priority.” The cable directed K-1 visa applications to check the website of their nearest U.S. Embassy or Consulate for updates on the services offered by the post.

Unfortunately, this cable did not provide applicants with any relief because it was largely ignored by U.S. Consulates and Embassies. Many applicants contacted their posts directly and were given generic messages stating that the post was not able to provide services for K-1 visa applicants until further notice. These new revelations ultimately forced K-1 applicants to seek relief from the courts.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick updates you regarding a recent practice followed by the United States Citizenship and Immigration Services (USCIS) – the waiver of marriage based green card interviews during the Coronavirus pandemic. Additionally, our office has observed that the agency is processing certain types of applications much more quickly than others.

Want to know more? Stay tuned for more information about this important topic.


Overview


Green Card Interview Waivers for Employment Based Applicants

Beginning in April of this year, our office began to receive approval notices for employment-based adjustment of status applications, without the need for the applicant to attend the in-person face-to-face interview as is typically required by USCIS.

As you may recall on March 18th USCIS announced the suspension of in-person services at field offices nationwide, which meant the cancellation of face-to-face interviews. It was not until June 4th that USCIS announced that it would begin resumption of services at field offices nationwide.

Presumably to avoid a growing backlog of cases needing to be scheduled for an interview, USCIS began to grant employment-based green card petitions without requiring the applicant to attend the in-person interview due to the suspension of in-person services.

USCIS never officially announced a policy change allowing for these interview waivers, and instead these changes were occurring as a matter of practice based upon the agency’s discretion.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a very puzzling topic. Our readers have asked: Are K-1 Visas exempt from the recent Presidential Proclamation? From our reading of the Presidential Proclamation we had discussed in previous videos that K-1 visas are non-immigrant visas, and therefore exempt from the ban on immigration, however lately certain U.S. Embassies have been treating K-1 visas as immigrant visas, which would make them subject to the recent ban on immigration.

We discuss this development further in this video.

Keep on watching for more information.


Overview


As you all know by now on June 22nd the President signed a new presidential proclamation called, “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak,” which extends the previous April 22nd Presidential Proclamation suspending the entry of certain types of immigrants to the United States. The June 22nd order also placed a visa ban on H-1B, H-2B, J, and L nonimmigrant workers applying for a visa at the U.S. Consulate abroad as of June 24th.

The April 22nd proclamation specifically suspended, “the entry into the United States of aliens as immigrants.” Under immigration law, K-1 fiancé visas are non-immigrant visas, and therefore not subject to this ban. K-1 fiancé visas are considered non-immigrant visas because the foreign fiancé is seeking temporary entry to the United States for the limited purpose of marrying the U.S. Citizen spouse. It is not until the foreign national marries the U.S. Citizen spouse that he or she is allowed to immigrate by filing Form I-485 to adjust status to permanent resident.

Unfortunately, a great deal of confusion has been occurring at Embassies worldwide regarding whether K-1 fiancé visas are exempt or not exempt from the presidential proclamation. Recently, some Embassies have erroneously categorized K-1 fiancé visas as immigrant visas, refusing to schedule interviews and issue visas for this category because of the ban on immigration. Others including the Embassy in Manila have correctly provided information that K-1 fiancé visas are exempt from the presidential proclamation.

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