Articles Posted in K-1 Visa

In this video attorney Jacob Sapochnick explains the differences between the K-1 fiancé visa and a marriage visa.

What is the K-1 Fiancé Visa?

The K-1 visa is available to foreign nationals who are engaged to U.S. Citizens only. K-1 visas are also reserved for foreign fiancées, who do not have any other means of coming to the United States. A K-1 visa holder must marry the U.S. Citizen fiancé/fiancée within ninety days of entry to the United States or else the alien must leave the country.

If the foreign fiancé does not intend to marry the U.S. Citizen within ninety days of arriving to the United States, then the K-1 fiancé visa is not a good option.

The K-1 fiancé visa is a good option for couples who want to spend time together in the United States before getting married.

The fiancé visa process is typically much faster than the marriage visa process.

Marriage Visa

Spouses Overseas: U.S. Citizens and Legal Permanent Residents may file Form I-130 on behalf of a foreign spouse residing abroad, so that the foreign spouse can apply for a marriage visa through the U.S. Consulate in their home country. Spouses of Legal Permanent Residents must wait for a visa to become available to them, before proceeding with the marriage visa application process.

Spouses within the U.S.: If the foreign spouse of a U.S. Citizen is residing inside of the United States on a valid visa type, then the foreign spouse can file Form I-130 and Form I-485 to adjust their status permanent residence at the same time.

The marriage visa application process is generally longer than the fiancé visa process, while adjustment of status for spouses residing within the United States is shorter than the fiancé visa process (typically 4-7 months processing time).

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In this post, Attorney Jacob Sapochnick Esq,  gives you his tips for a successful K-1 Fiancé Visa Interview.

Processing Times and Procedure: 

Since a K-1 visa can take anywhere from 6 months or longer, it is imperative that you submit an application well in advance of your intended date of travel. This will provide you with a buffer should your application take longer than expected.

Although a K-1 visa is a non-immigrant visa, the application process is very lengthy due to its inherent benefit of conferring immigrant status to the foreign fiancé(e) of a U.S. citizen. As a result, it is important to begin the process as early as you possibly can. This is especially critical, because United States Citizenship and Immigration Services (USCIS) processes applications on a first-come-first-served basis. Given that there are different stages involved in the K-1 visa process, this can potentially increase your overall wait time for the visa. For example, to begin the K-1 process, your U.S. fiancé(e) must first file a Form I-129F petition with USCIS, and it may take a couple months before USCIS approves the petition, depending on the number of cases ahead of yours.

To learn more about the K-1 Fiancé visa please click here.

Read our K-1 Fiancé visa guide here.

To schedule a free first time consultation please contact our office.

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In this video attorney Jacob J. Sapochnick explains the process of immigrating a foreign fiance to the United States. For more information just keep on watching.

What are the requirements to apply for a K-1 fiance visa?

You must be able to prove three important requirements to be successful in applying for the K-1 fiance visa. Please keep these requirements in mind when gathering evidence for your case and discuss these requirements with an attorney:

#1: The U.S. Citizen and fiance must prove they have met in person within the last 2 years.

#2: The U.S. Citizen and fiance must prove they are legally free to marry. If either party has been divorced, they must provide final divorce decrees from their respective countries.

#3: The US Citizen must certify that they are legally able to and intend to marry the alien fiancé (green card applicant) within 90 days of his or her arrival to the United States. The alien fiancé must also certify that they are legally able to and intend to marry the petitioner within 90 days of his or her arrival to the United States.

To begin the process of immigrating your foreign fiancé to the United States please contact our office to schedule a free first time consultation.

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Live outside our office building with a few fun facts you should know….

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Sunday, August 23, 2015

In this video Attorney Jacob J. Sapochnick takes you on a tour of our law office located at 1502 Sixth Avenue in sunny San Diego, California on the corner of Beech Street and Sixth Avenue. Come and visit us today. We offer free first time consultations to meet your immigration needs.

For more information on the services we provide please click here.

To read our client testimonials please click here.

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In this segment Attorney Jacob J. Sapochnick Esq. discusses immigration options for same-sex couples. The Law Office of Jacob J. Sapochnick has been a long time advocate for same-sex and LGBT immigration rights. Our office has worked diligently to assist same-sex couples and the LGBT community in their immigration endeavors since the landmark U.S. Supreme Court decision Windsor v. United States, which allows legally married same-sex couples to receive federal benefits including immigration relief.

Same sex couples legally married in any state allowing same sex marriage may seek immigration benefits for the foreign national. If the foreign national entered the country legally (with a proper visa or proper inspection) and the foreign national is residing with the US citizen spouse in the United States, the foreign national may apply for adjustment of status. If the foreign national does not reside in the United States with the US Citizen spouse, the foreign national may immigrate to the United States through a process known as “consular” processing.

If the US Citizen spouse and foreign national are not yet married, but intend to marry, the foreign national may apply for a K-1 fiance visa so long as both parties are legally free to marry, and have met in person within the last 2 years before filing the fiance visa.

For more information regarding green cards for same sex couples please visit our website.

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In this video attorney Jacob Sapochnick speaks at an informational immigration seminar in Istanbul, Turkey. In the seminar, he discusses his book My American Job, which teaches foreign born immigrants how to navigate the complicated process of immigrating to the United States and how they too can make the American dream possible for themselves, as well as different immigration options for highly skilled professionals, entrepreneurs, start up companies, and many other immigration classifications. To learn more just keep on watching.

Coming to America for entrepreneurs – Live from Istanbul

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Tuesday, March 21, 2017

To read more about the different visa types and immigration classifications please visit our website. If you need more information regarding your eligibility for a particular visa, please contact our office, to schedule a free first time consultation.

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It is our pleasure to introduce you to our in-house attorney Marie Puertollano. From preparing clients for their citizenship and marriage interviews to successfully filing I-601A waivers and I-360 applications, Marie Puertollano Esq. is an attorney that wears many hats.

Marie Puertollano specializes in processing various types of applications with USCIS including the successful processing of H1-B’s, I-751 waivers, religious worker visas, asylum, I-601A waivers, F-1 reinstatement, B-2 tourist visitors, B-1 business visitors, H-3 trainees, I-360 abused spouses, etc.

Bio: Marie Puertollano was born and raised in France. She earned two Master Degrees in Law at California Western School of Law; one in France in Public Law and one in the United States in Comparative Law (LL.M). Marie Puertollano is fluent in French, English and Spanish. Marie has been with the law offices of Jacob Sapochnick since March 2012.

Marie developed a passion for the protection of immigrants’ rights, while being a social worker in Gainesville, GA. Marie worked with an organization helping battered women to obtain their visa and for an organization helping detained and non-detained people seeking cancellation of removal proceedings.

In her spare time she enjoys spending time with her family, swimming, biking, and dancing. She regularly serves food to the homeless and is a motivational speaker.

To schedule a first time consultation please contact our office. Remember to follow us on FacebookYoutubeTwitter, and Instagram 

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In this segment Attorney Jacob J. Sapochnick Esq. discusses the STOKES interview otherwise known as the infamous “fraud interview” for the green card application. During the STOKES interview the US Citizen petitioner is separated from the foreign spouse for questioning. The STOKES interview is typically scheduled when couples do not provide enough evidence of bona fide marriage and cohabitation, or when the testimony provided by the couple during the first interview contains discrepancies and/or is inconsistent. Couples may also be scheduled for a STOKES interview if USCIS is concerned about something that came up during the foreign spouse’s background screening process. In this segment we talk you through the STOKES interview process, and tell you how you can avoid such an interview. For more information regarding the green card application please visit our website.

Overview

Before a green card may be issued to any foreign national, the applicant must attend what is known as the green card interview. In the case of applying for adjustment of status on the basis of marriage to a US Citizen or LPR spouse, the couple must attend the green card interview together. At the time of the interview, the immigration officer will ask the couple to present evidence of good faith marriage and cohabitation. The burden of proof lies on the applicant to prove that they entered their marriage in good faith and not for the purposes of obtaining an immigration benefit or evading the laws of the United States. Failure to provide substantial evidence of good faith marriage, and proof that you have been residing with your spouse throughout your marriage, may result in a STOKES interview. USCIS immigration officers are trained to spot any inconsistencies and/or discrepancies that may arise during the green card interview. To avoid the STOKES interview it is important to organize your evidence and prepare with an attorney before hand.

Typically a STOKES interview notice is issued after the couple has attended the first interview. The couple is interviewed for a second time to address inconsistencies and/or discrepancies that arose during the first interview session. STOKES interviews are stressful, extensive, and have been known to last up to 8 hours depending on the complexity of the case. It is best to avoid the situation entirely and attend your green card interview with an experienced attorney, who can prepare you and perform a “mock” interview with you and your spouse to identify any potential issues.

Our office has extensive experience preparing for and attending STOKES interviews. It is important to provide as much evidence of “good faith” marriage and cohabitation as possible to avoid such interviews.

For a free consultation please contact us.

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In this segment Attorney Jacob J. Sapochnick Esq. discusses immigration options for same-sex couples. The Law Office of Jacob J. Sapochnick has been a long time advocate for same-sex and LGBT immigration rights. Our office has worked diligently to assist same-sex couples and the LGBT community in their immigration endeavors since the landmark U.S. Supreme Court decision Windsor v. United States, which allows legally married same-sex couples to receive federal benefits including immigration relief.

Overview:

Can all same-sex couples get legally married now?

No. The Supreme Court’s ruling on the Defense of Marriage Act requires the federal government to recognize marriages in states where same-sex marriage is legal. It does not require all states to legalize or recognize same-sex marriage.

Can they file for Immigration Benefits?

Yes, same-sex couples who are legally married (married in a state allowing same-sex couples to marry) are entitled to the same immigration benefits as heterosexual couples.

For more information about green cards for same-sex couples please visit our website.

For a free consultation please contact us.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

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In this video, attorney Jacob J. Sapochnick Esq., discusses the K-1 visa and the requirements to apply. For more information about the K-1 visa please click here. For a free first consultation please contact our office.

Overview:

  1. In order to apply for the K-1 non-immigrant visa, the petitioner must be a United States Citizen. Legal Permanent Resident “Green Card” holders of the United States are not allowed to obtain a K-1 Visa for their foreign fiancee.
  2. Both the petitioner (U.S. citizen) and the beneficiary (foreign fiancee) must be free to marry. This means that if either has been previously married he or she must be either divorced or widowed, or else the marriage must be legally annulled. A valid divorce that took place in a foreign country qualifies as legitimate for U.S. immigration purposes. You must be prepared to provide documented evidence of any divorces that have taken place (final divorce decrees from the authorized legal entity).
  3. The petitioner and foreign fiancee must have the intent to marry within 90 days of the foreign fiancee’s arrival in the U.S.
  4. The petitioner and foreign fiancee must have met in person within two years prior to filing the fiancee visa petition with the U.S. Citizenship and Immigration Services. There is a hardship waiver available for this requirement, but it is extremely difficult to obtain. The fact that the petitioner is too busy with his work, children, sick parent, etc. will not be adequate to obtain the waiver. To qualify for a waiver, most often there is a medical condition that prevents the US citizen from international travel.
  5. The U.S. citizen petitioner must meet a minimum income requirement as outlined on Form I-864P, describing the poverty level set by Congress every year. If the U.S. Citizen petitioner DOES NOT meet the income requirement, they must obtain a joint sponsor. For more information about the poverty guidelines and affidavit of support please visit our website.

For more information about this program, please contact our office. 

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