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If your spouse has children that they intend to bring with them now, or to “follow to join” with a year, there are specific processes for each.

Let’s start with the children of a spouse. First, to qualify as a US citizen’s step child, the marriage to the foreign parent must take place before the child’s 18th birthday. If you are in the planning stage, not yet married and one or more of your fiancé, or fiancée’s children is already 18, you’ll want to consider the fiancé visa route instead.

Qualifying step children of US citizens follow essentially the same path as their parent, meaning nearly all the same forms, documentation and fees are required, from beginning to end, including beginning by filing the petition for alien relative petition for each person immigrating. Only the smallest of the five government fees required, does not apply to children whose applications will go through the National Visa Center, with their parent. Unfortunately many clients come to us after having assumed that since one petition can cover the entire family, in other situations, they’ve already filed one petition and are stuck, until the child or children’s petitions are filed and catch-up to the parent’s case file.

All immigrant will need to have a medical exam before the interview and all but infant children should attend the visa interview with their parent. Once the visas are obtained, the children have the same six month window to organize their affairs and immigrate to the USA, with, after, but not before their parent. The spouse visa categories will be IR-1 visa for the spuse and IR-2 visa for the child, if married two years or more before visa is issued. Otherwise the categories are CR-1 visa for the spouse and CR-2 visa for the child.

Please note that IR-1, CR-1, IR-2 and CR-2 are not only visa categories but US Immigrant Status categories as well. If a spouse is issued a CR-1 visa, then spouse and child enter the USA after the second wedding anniversary, they are both entitled to the IR-1 status or IR-2 status respectively, and will not need to remove conditions two years later. IR* status immigrants, whether spouse or step child of US citizen receive Green Cards expiring in 10 years instead of 2 years.

Please call for a free initial consultation, if we can help with any questions.

Whether involved in a fiancé visa, fiancée visa, spouse visa, or adjustment of status to Lawful Permanent Resident of the United States, the applicant will have an interview.   For any visa process, this interview will include only the foreign visa applicant and will be conducted by a Consular Officer at a U.S. Embassy or Consulate in either the applicant’s country of citizenship, or country of current legal residence. For an adjustment of status to Lawful Permanent Resident Status, the interview will be conducted by a USCIS Official, at a local office in the USA. When adjusting status based on marriage to a US Citizen, both the Citizen and the foreign spouse will attend the interview, along with step children, if applicable.

The biggest mistake applicants can make is to proceed on the assumption that what happens in this interview will be the primary decision making step in their process. While it is true, the interview is usually the final decision making step, it is absolutely not so all important as one’s intuition or logic might think it is.

The truth is, that in almost all cases, the officer or official conducting the interview, has fully and carefully reviewed everything in the file, including any notes of others who have previously reviewed the file, prior to the interview. They will then already have a final decision in mind, before ever meeting the person or persons to be interviewed.

My conversations with Consular Officers have confirmed this on several occasions. Both the Consular Officers at the Department of State and Immigration Officials at USCIS, (United States Citizenship and Immigration Services) have been trained to consider the totality of circumstances, presented in the file, and then to conduct their interview, with the goal of either confirming or, rarely, changing their conclusions.

In some cases, the person conducting the interview, will only make a recommendation for approval or denial of the visa or immigration benefit sought, followed by a thorough review by a senior official, before a decision is announced and further action taken on the case.

These issues, in part, are why it is so important to have a comprehensive discussion of the case with a immigration professional from Platinum Immigration Services, before deciding what to include in addition to the required forms and documents, in order to address any possible red flags or issues that might negatively influence the Officer or Official who will ultimately make the decision. The goal is to address all issues in the initial filing, in such a way, that the review and consideration of the totality of circumstances, leaves the decision maker leaning in a positive direction before the interview begins.

The terms of the process, as we explain them are that the couple must marry within 90 days of the foreign fiancé or fiancée’s arrival in the USA, or the K-1 visa or any associated K-2 visa holders are to leave the USA.  Those are the terms, and if there is not going to be a marriage, they should be followed.

However, if the marriage is simply delayed and ultimately is solemnized and legally recorded more than 90 days after the arrival, the couple simply does the kind of adjustment of status that is more costly in terms of government and consulting fees, and gets on with their lives together.  In this situation, any “overstay” (past the 90 days) is simply “forgiven”, when the Conditional Permanent Resident Status is approved for the spouse of a US Citizen.

There are a number of common circumstances that could cause a couple to find themselves in this situation and we’ve dealt with them all.   Some find, ninety days, simply not enough time to plan their wedding.  Others, have second thoughts about whether to go through with the wedding, simply lose track of time, or forget about the requirement.

It is important that all couples involved K-1 visa or K-1 and K-2 visa processes, take the 90 day requirement seriously.  Presumably, they did so, when they each signed their letters of intent to marry within 90 days of arrival, as part of their initial petition filing.

If a K-1 visa holder enters the USA, and never marries the petitioner, they have no legal status to remain in the USA after the 90 days, and cannot gain legal status by marrying a different US citizen.  That’s one reason it is so important to take the relationship and the process very seriously from the beginning.  Even so, sometimes unforeseen things happen.  This can be devastating for the foreigner and any children who arrived with them.

This is an issue that has confused thousands for nearly a decade.  The short answer is that although the K-3 visa and K-4 visa are still on the books as part of the LIFE Act, changes in government procedures at USCIS (INS) and later at the Department of State’s National Visa Center, have caused these visas to become virtually impossible to obtain.

Here’s a little history.

On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act) was signed into law. One of the provisions this legislation is the creation of K-3 and K-4 non-immigrant visas for spouses of US Citizens who are outside the US, and the children of those foreign spouses. These visas were created to allow reunification of families of US Citizens, by allowing the spouse and children to enter the United States as non-immigrants, and later filing for Adjustment of Status inside the United States, rather than waiting for an immigrant visa petition approval followed by Consular immigrant visa processing. Provisions for processing for the K-3/K-4 became effective on August 14, 2001 after coordination required between USCIS ( then the “INS”) and the State Department.

At that time, regular immigrant visas for a spouse and step children (The CR-1, & CR-2 visas for the newly married and the IR-1 & IR-2 visas for couples married more than two years, were taking up to 5 YEARS to process through to visa issue.  The K-3 visa for spouse and K-4 visa for step children initially cut that time to an average of 18 MONTHS, so a terrific improvement.  By 2006, two things had happened.  The K-3 and K-4 visa timelines had improved to 9 to 12 months, and the IR-1 visa and CR-1 visa timelines had improved to an average of about 18 months.  (Now, immigrant visa timelines are running in the 9 to 12 month range, on average.)

Until November, 2006, USCIS processed the separate petitions for immigrant visas and K-3 visas at different service centers, ( K-3/K-4 visa petitions in Lee’s Summit, MO, and immigrant visa petitions in California or Vermont.) so the petition approval timelines for the petition for alien relative and the follow-up petition that started the K-3 visa path, were not tied together.  They were processed on separate tracks.  By late 2005, those in the know, would always file both petitions and let the race begin.  Whichever petition made its way to a visa interview first, was the winner.

THEN, in November, 2006 USCIS began processing both petitions together, in California or Vermont.  When the follow-up petition was filed, it would be mated with the already filed immigrant visa petition, effectively taking the first petition out of its place in line, and having it wait, together with the follow-up petition to be both approved and forwarded to the Department of State’s National Visa Center TOGETHER.

The National Visa Center continued to work both petitions independently, but because the petition for the K-3 visa required no interaction with either the petitioner or the foreign visa applicant before forwarding it to the Consular Immigrant Visa Unit abroad, the K-3 visa virtually always won the race.

NEXT, on February 1, 2010, the National Visa Center changed THEIR PROCEDURES, virtually killing the K-3 visa and K-4 visa paths, (virtually cutting their spouse related visa work in half) even though the LIFE Act that created the K-3 visa and K-4 visa was still in effect.  What changed, was NVC’s definition of the term “immediately available” with respect to the “immigrant visa” (IR-1 and CR-1 etc.).  Previously, the definition was that when the immigrant visa petition file was on station at the Consular Immigrant Visa Unit abroad, the immigrant visa was considered immediately available.  If the petition for K-3 visa was already at the IV unit abroad and the visa or visas had not already been issued, that case was administratively closed at the “IV Unit” abroad.  More commonly, the K-3 visa and any related K-4 visas had already been issued, rendering NVC’s work related to the Immigrant Visa, moot.

NVC, on 02/01/2010 announced the Department of State would now consider the immigrant visa immediately available when the approved petition had arrived at NVC, Stateside, instead of at the IV Unit abroad.  So, beginning 02/01/2010 NVC started administratively closing the follow-up petition for the K-3 visa, when the immigrant visa petition arrived first or (virtually always) the two petitions arrived at NVC together.

The exceptions we’ve seen is when, for some reason (usually an incomplete file), the immigrant petition could not be approved by USCIS at the same time as the follow-up petition.  These anomalies have been, presumably, the result of the petitioner mistakenly omitting required documentation from the immigrant visa petition package.  Since the two petitions must stand alone, USCIS would approve the follow-up petition and send an “RFE” (Request for Initial Evidence) related to the immigrant visa petition.

We have a case now, where actual immigration to the USA is not wanted for another two or three years, but the multiple entry (technically) “non-immigrant” K-3 visa will fit the couple’s needs perfectly.  We’ve intentionally omitted a required document from the immigrant visa petition, in the hopes USCIS will approve only the follow-up petition and hold the immigrant petition until they receive the response to their request for the omitted evidence.  So far, so good.  We’ll report back once we see what they ultimately do with the files at the USCIS service center in Laguna Niguel, California.

One red flag, is virtually never the sole reason for a denial. A red flag simply prompts additional scrutiny of the relationship bona fides. The most important thing people can do is make sure they actually have and conduct a bona fide ongoing relationship for the right reasons and then document the relationship and be well prepared for the interview.

The “key” is actually having a bona fide relationship and there is nothing one person can do to assure that. It takes both of you. The kicker is one person has no control over the other. Most visas denied because the Consular officer isn’t convinced the relationship is bona fide, come as big surprises to at least one and sometimes both the petitioner and beneficiary.

Whether it’s one red flag or a series of factors that prompt additional scrutiny, it is only understanding the totality of the circumstances and how a Consular officer is likely to interpret the available facts, that can make a difference.

The most important key difference in how we manage cases at Platinum Immigration Services, is the combination of how we seek to understand the totality of circumstances of a couples case, and how we use that knowledge to impact how the case is managed from the start.  It is much easier to address a potential red flag or series of them in the initial petition filing, than to try to do so after petition approval, or at any second chance to address the issues at or after the visa interview.

Here are a few of the most common “Red Flags” that can bring extra scrutiny to your visa process.

• Significant age difference that is not common in the foreign spouse or fiancée’s local culture
• Marriage or engagement during or shortly after one brief in person visit
• Recent divorce of either party
• Previous visa denials
• Foreign spouse or fiancée is coming from a country where there are many visa denials based on fraudulent relationships
• Differences in religion
• Either party’s family is not aware of or disapproves of the relationship

If you are concerned your relationship or case may have one or more “Red Flags” please call or email to arrange a free initial consultation.   214-731-6106 or email info@fianceandspousevisa.com

The timelines from petition filing to visa interview date, tend to be pretty consistent for all countries, depending on whether it’s spouse or spouse and child or children or fiancé and fiancé and child or children.  There are exceptions though and we’ll deal with this honestly and directly here.

There are two major factors that cause delays based on country.  The first and best known, are the delays from countries in the Middle East that were identified as sources for the September 11 terrorists, and similar countries where training activities and the local culture continue to require additional scrutiny of all visa applicants, whether visitor, student or family based.  The extra scrutiny comes in the form of additional, extensive and expensive security checks, conducted on the ground, in country.  During this time the visa applicant and their loved ones are simply told the application needs more “Administrative Processing”.

Particularly for male applicants, but even sometime for female applicants this “AP” can go on for weeks and even months, with no word.  We are told by immigration officials in the Department of State, that in some countries, the circumstances on the ground, make it very difficult to safely and reliably complete these background checks.

A second factor that causes delays, is less connected to terrorism concerns, and focuses on the great amount of immigration fraud seen coming from people in these countries.  While it is sad when one of our clients’ loved ones falls into this unavoidable scenario, it like the first example, is because of the wrongs of some who abused the system in the past, that good honorable people in genuine bona fide relationships, have their reunions delayed.  Even in those countries, the same difficulties related to circumstances on a the ground, also make it difficult to safely and reliable complete these background checks.  Nigeria and Ghana are the most common of countries where we see these delays but it can impact almost any case from a Country in sub-Saharan Africa.

If the extra Administrative Processing goes on for an unreasonable time, after a few months, there are things we can suggest doing that may speed it along, but initially, you wait as patiently as possible, under the circumstances.

This question usually comes up when women marrying younger men, see or hear of their peers having more difficulty re-uniting with their foreign loved one, than older men marrying younger women. While the short answer to the direct question is, in my opinion, “no”, it can certainly feel that way sometimes.

What it comes down to is the primary question being decided by a Consular Officer in a Consular interview, or sometimes an Immigration Officer during an interview at a USCIS office in the USA. That question is, “Is this a bona fide relationship? In making this determination, the officer is required to make a number of fairly subjective judgments. Even though they have been trained to consider the totality of circumstances before them, including local customs and culture, they don’t always get it right.

For example, a 50 something American man marrying a 20 something woman from the Philippines or other Asian country, the age difference fits the local cultural norm. The counter example is the 50 something American woman marrying a 20 something, never married, Muslim man from Morocco, or even 30 something Christian man from Ghana or Nigeria. These relationships do not fit the cultural norms for the foreigner’s circumstances. They do however, fit nicely into common “fraud scenarios” seen often by Consular Officers.

It doesn’t seem fair and certainly doesn’’t appear “equal” in terms of treatment, particularly if the couple isn’t aware these cultural issues are going to be considered.

Totality of circumstances, is something we are experts at assessing, during our free initial consultations. It helps us determine the details of how we will proceed with the initial filing and the ongoing discussions we will have with the client and foreign loved one, as we provide ongoing consultations throughout the immigration process. Those same circumstances also play a major part in determining our consulting fee. Services to assist couples in reuniting in the USA, are not a product from a catalog that is either one size or one price fits all, not to Platinum Immigration Services and especially not to Immigration Officials.