The K-1 visa is a non-immigrant US fiance visa which was intended to be used solely by the foreign fiances of American Citizens. The K-1 visa allows the foreign fiancee of an American Citizen to enter the United States for a period of 90 days of the purpose of marriage. Those who do not marry their American fiance after 90 days in the USA will be required to depart from the USA. Readers should bear in mind that the entrant to the United States on a K-1 visa who marries their loved one must undergo the adjustment of status process in order to gain lawful permanent residence in the U.S.A.

The purpose of this article is to provide insight to Americans about the perils of dealing with non-licensed individuals who purport to be qualified to practice United States Immigration law (or any American law, for that matter) . Pursuant to 8 CFR 292.1 only a qualified lawyer licensed to practice law in at least one U.S. State or Federal jurisdiction is entitled to engage in the receiving of client fees in connection with the practice of United States immigration law. Therefore, those not so qualified must either fit within a narrow exception to the aforementioned rule lest their behavior be deemed to be illegal. It should be noted that attorney-client confidentiality is a significant issue which should be considered when ascertaining the credentials of those claiming qualification in United States immigration matters abroad as there are many so-called “visa agents” or “immigration consultants” claiming qualification to provide services in connection with U.S. immigration. Attorney-client privilege is not extended to those not qualified as an American attorney and therefore discussions with unqualified individuals are likely not privileged communications. Meanwhile, some individuals brazenly, albeit falsely, portray themselves as American attorneys when, in fact, this is simply not the case.

For all of the reasons outlined above it should be noted that only a competent licensed attorney from the United States should be retained to assist prospective clients. Readers should understand that this message is not conveyed as an advertisement of this particular blogger’s services, as this is not this blogger’s intention in creating this posting. Instead, this post should be viewed as a reminder to readers that this decision should be made by prospective clients after serious contemplation and thorough research of all possible candidates for an attorney position. Attorney-Client relationships are not “one size fits-all” and neither is quality legal service. Therefore, the public should conduct research before coming to an informed decision about hiring an attorney.

For related information please see: K1 Visa Thailand or K1 Visa Cambodia.

The U.S. Embassy will observe the following official U.S. and Malaysian holidays.

2011

* Subject to change

Each year, many American Citizens and Lawful Permanent Residents seek services from a US Mission abroad. In many cases such services can only be provided by an American Citizen Services Section of a US Embassy or US Consulate abroad. Such services include, but are not limited to: issuance of Consular Reports of Birth Abroad, issuance of US Passports, or additional visa pages for a previously issued American Passport.

Those seeking temporary US visas such as the B-2 visa for tourists, the F-1 visa for foreign students, the B-1 visa for temporary business purposes, or the J-1 visa for cultural exchange visitors are often required to process their application through a Non-Immigrant Visa Unit of a US Mission abroad. Meanwhile, those seeking US family visa benefits for travel documents such as the CR-1 visa or the IR-1 visa generally process such requests through an Immigrant Visa (IV) Unit of a US Mission abroad. Even though the K-1 visa is a non-immigrant US fiance visa it is often treated in much the same way as an immigrant visa for processing purposes.

Those seeking an EB-5 visa or an L-1 visa are often required to process an immigration petition and receive approval of such a petition from the United States Citizenship and Immigration Service (USCIS).

Those wishing to visit the official website of the US Embassy in Malaysia please click HERE.

Those seeking related information should see: US Visa Malaysia.

At one time, the United States Citizenship and Immigration Service (USCIS) had such a substantial backlog of marriage visa petitions that the United States Congress and President William Jefferson Clinton enacted legislation commonly referred to as the “Life Act” in an effort to create, among other things, an expedited marriage visa. As a result, the K3 visa category was promulgated. The K4 visa is a derivative visa category intended to be utilized by the children of a K3 visa holder, it is somewhat similar to the K2 visa in the context of the K1 visa process. Approximately ten years after the creation of the K3 visa, USCIS no longer had the processing backlog it once had for marriage visa petitions. This lead to a situation where the National Visa Center was receiving Immigrant visa applications before or with the supplemental K3 application. It would seem that a decision was made to “administratively close” K3 visa applications where the Immigrant visa application arrived before or with the supplemental application. The reason for this policy would seem to be that the K3 visa’s utility is rather negated if the Immigrant visa petition has already been adjudicated.

Those thinking about bringing their Malaysian husband or wife to the USA are well advised to conduct research in an effort to make an informed decision about which type of benefits best suit the needs of the parties. It should also be noted that only a licensed American attorney is qualified to provide US Immigration advice or represent clients before the Department of Homeland Security or its constituent agencies such as USCIS, USCBP, or USICE pursuant to the United States Federal Code. Therefore, those thinking of retaining professional assistance for the immigration process are well advised to check the credentials of anyone claiming expertise in American immigration matters.

For related information please see: K1 Visa Malaysia or K3 Visa Malaysia.

Those seeking a US tourist visa must subject themselves to an interview prior to visa issuance (and visa issuance assumes application approval which is not a foregone conclusion). At the visa interview the Consular Officer will adjudicate the merits of a tourist visa application. Section 214(b) of the United States Immigration and Nationality Act compels Consular Officers to deny a tourist visa application (or any non-immigrant visa application that requires 214b analysis such as a J1 visa, an F1 visa, or a B1 visa to name just a few relevant categories) if the officer finds that the applicant cannot overcome the presumption of immigrant intent contained within the provisions of section 214b. This presumption creates a sort of “strong ties” vs. “weak ties” analysis which is utilized by those adjudicating non-immigrant applications. Therefore, those with strong ties to Malaysia (or another country abroad) and weak ties to the USA will be more likely to be granted a tourist visa compared to those in circumstances which mitigate in favor of the presumption of immigrant intent.

In the past, there were some who attempted to utilize the B2 visa (the categorical classification of the US Visitor Visa) as a means of circumventing the comparatively long processing time for visas such as the K1 visa or the CR1 visa. It should be noted that applying for a non-immigrant visa while maintaining immigrant intent could be construed as visa fraud particularly where the applicant is seeking a Visitor Visa which specifically is meant for those wishing to travel to the USA for a relatively short holiday.

Those wishing to bring a Malaysian loved one to the United States for the purpose of marriage are well advised to seek either a US fiance visa (K1 visa) or a US Marriage Visa (if the couple is already married the duration of the marriage may dictate if the Malaysian spouse is eligible for a CR1 Visa or an IR1 visa). A marriage or intended marriage should never be entered into as a pretext. Therefore, so-called marriages of convenience should not be the basis of a visa petition. Those seeking US family visa benefits are well advised to only seek visa benefits based upon a genuine bona fide relationship.

For related information please see: US Visa Lao Girlfriend of K1 Visa Malaysia.

We are soliciting public comments to permit the Department to: Evaluate whether the proposed information collection is necessary to properly perform our functions. Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. Enhance the quality, utility, and clarity of the information to be collected. Minimize the reporting burden on those who are to respond, Abstract of proposed collection: Form DS-156K is used by consular officers to determine the eligibility of an alien applicant for a non- immigrant fiancee visa. Methodology: The DS-156K is submitted to consular posts abroad.

In the past, the DS-156K might have also been utilized in a K3 Visa application pending before a US Consulate or US Embassy. However, the National Visa Center announced this year that many of the K3 visa applications will be “administratively closed” in cases where the underlying I-130 petition (used for spouse visas such as the CR1 Visa and the IR1 Visa) arrives at NVC simultaneously or prior to the arrival of the I-129f petition for a K3 visa.

In the context of the K1 visa, this request for comments would appear to be an attempt by the State Department to assess the utility of the DS-156K in an effort to streamline the processing of future K visa applications. How the comments will ultimately be used remains to be seen, but any attempt to make the visa process more efficient should be greeted positively by this author as the visa process can sometimes prove to be confusing and cumbersome those American Citizens wishing to bring a loved one to the United States.

For further information please see: K1 Visa Thailand or K3 Visa Thailand.