Category Archives: Visa Tips

This is a fairly frequent question, so deserves elaboration here, beyond what is found on our fees page.  As stated on our fees page,

” Consulting fees are quoted based on the needs of each case as determined during the initial consultation and assessment process. Although they do tend to vary based on the foreign national’s country of citizenship and/or residency and specific circumstances, they seldom exceed the total government filing fees for the applicable visa category. Cases involving children immigrating with parents enjoy reduced per-person consulting fees as well as some government fee reductions.”

We are quite thorough in the free initial consultation and assessment process, in determining the specific circumstances that will impact each case.  These circumstances not only dictate what will be different about what gets submitted during the initial petition phase of the process, but also assures we are aware of any additional consulting time, needed.

Because Immigration Consulting is a service, unlike an off the shelf product, one size does not fit all.  Of course, there are minimum requirements for each case, but one of the biggest mistakes people make in the spouse, fiancé or fiancée visa process, is to think success is assured for those who correctly submit all the required paperwork.

In our initial assessment, we determine which factors in the couple’s individual circumstances, are going to need extra attention, explanation or documentation and we budget both time and applicable fee variations, so that we are prepared to provide all the service and direction the individual circumstances dictate are required.

The circumstances that need extra attention, explanation or documentation are not particularly intuitive, to our potential clients.  For example, often potential clients think the fact that they met on the internet is a problem, when in reality, becoming first acquainted with your foreign loved one through a friend or family member is actually a big red flag, in most cases.  How big an issue any specific circumstance might be, depends on many factors, including the country, from which the foreigner will immigrate.

One size fits all, and a web interface for you to fill out your own forms, works for some, but it’s what you don’t know that you don’t know, that can really ruin your “day” and impact your hopes and dreams of a lifetime.

Even if you think you have a simple, straight forward case that will have no complications, do yourself a favor and contact us for a free initial consultation.

The short answer is yes, they do, but not always. These two Consular Immigrant Visa Units have been following this policy for several years. They have indicated, it is because the affidavit used in the K visa process, is non-binding. If the common individual or even a less than fully informed legal professional were to read the contract included in the affidavit, it would seem quite clear the affidavit is a binding contract but the courts have held that it is not.

Later, when the K visa holder is applying for Legal Permanent Resident Status, a qualified sponsor, actually willing to abide by the binding contract in the different affidavit used for that purpose, must sign the binding contract included with that affidavit. It is the position of these two Consular Units (with some exceptions I’ll discuss below) that with a qualified sponsor signing a non-binding affidavit of support, there is not sufficient assurance the intending immigrant will not become a public charge.

Here’s a link to the applicable section of the Foreign Affairs Manual currently governing these decisions.

http://www.state.gov/documents/organization/86988.pdf

Excerpt of 9 FAM. (Ninth/Current edition of the Foreign Affairs Manual)

a. In making a determination regarding an alien’s admissibility under INA 212(a)(4), you must consider, at minimum, the alien’s:

(1) Age;

(2) Health;

(3) Family status;

(4) Assets;

(5) Financial status and resources; and

(6) Education or skills.

Page 15 of the linked section of the Foreign Affairs Manual is the official source indicating the U.S. Department of State does not consider the affidavit used in K visa cases to be binding. “This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as…” (the affidavit used when adjusting status or applying for a visa that grants Legal Permanent Resident status, upon entering the USA. The section in italics above, is the basis under which the IV Units in both Manila and Bangkok justify their policy of not accepting cosponsors for K visa cases, in most cases.

The real issue, is that Consular Officers are required to make a judgment call about whether any intending immigrant, is likely to become a public charge, or “be a financial burden to the “public” meaning the US taxpayer. Since this truly is a judgment call, the exceptions made for young petitioners who will soon, or have recently graduated from college, where their well to do parents are acting as the cosponsors, seem reasonable.

While one could argue that many recent college graduates are finding it difficult to secure full time employment in their field of study, the combination of their status combined with that of their parents, would seem to be reasonable assurance regarding the public charge issue. Opinions vary on the reasonableness of the policy, but for now, this is the policy in Manila and Bangkok.

If you have any doubts about whether you will qualify as the financial sponsor for your loved one(s), please give us a call and take advantage of our free initial consultation.

This can be a complicated question, because the answer is completely dependent on the individual couple’s circumstances. (That’s why our free initial consultation to understand those circumstances is so important.)

Each couple or indeed, each individual, has their own set of both circumstances and priorities. Here are some typical reasons why couples choose the spouse visa route, even though they most likely could be together in the USA faster, with the K-1 Fiancé or Fiancée visa.

• One or both individuals prefer to go through the months of waiting and worry, strengthened by the commitment of marriage.
• The foreign loved one is the primary financial provider and cannot afford the several months in the USA without work authorization. CR-1 or IR-1 Spouse visa holders enter the USA fully authorized to work from day one. The K-1 visa holder must first marry, then file to adjust status and wait 75 to 90 days for work authorization.
• Prior to making the decision, the couple is ready for marriage and will be together in a place they can get married, fairly soon.
• The couple is not in a big hurry to be together in the USA, and would prefer the cost and trouble of only two immigration processes, rather than three

Some important considerations depend on the country, in which the foreign loved one lives. In the Philippines, for example, for a foreigner to marry a Filipino or Filipina, they must navigate a 10 business day process, just to obtain a license to marry. If only short visits are possible, marriage in the Philippines is just not practical. For any of the former Soviet Union countries, such as Ukraine, the process of a foreigner marrying a local, is so unwieldy, we’ve seen people return after 6 or more weeks, having failed to accomplish marriage at all.

If your foreign loved on is in the Philippines or a country ever part of the Soviet Union, the K-1 visa is almost always the way to go.

In most cases, yes, the K-1 visa process gets your foreign loved one to the USA faster than any visa process that allows immigrant intent. However, faster does not necessarily mean better or best. Many of our clients simply choose the process left available to them after depleting their available vacation time traveling to spend time with the foreign fiancé or fiancée for the first time.

In this situation, they don’t have a spouse, so the only process available to them now, is the K-1 process, followed by marriage in the USA within 90 days, then adjusting status, and finally, removal of conditions.

In simple terms, living happily ever after in the USA, requires three separate immigration processes.

• Getting the visa
• Adjusting Status to Conditional Resident
• Removing Conditions on the Resident Status

We affectionately call these processes, “Get Them Here”, “Keep Them Here”, and “Keep Them Here Permanently.