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Posts Tagged ‘K3 Visa’
14th February 2011
It recently came to this blogger’s attention that the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) has implemented a program to issue advance parole authorization on the same document as that of employment authorization. To quote directly from the official website of the United States Citizenship and Immigration Service (USCIS):
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.
The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.
For those who are unfamiliar with the K-1 visa process, the adjustment of status occurs after a foreign fiancee arrives in America, marries the American petitioner, and files to have their status regularized to that of Lawful Permanent Resident. The card that is given to the foreign spouse is often colloquially referred to as a “Green Card”. Prior to adjustment of status, if a foreign fiancee leaves the USA, then they will need to obtain an advance parole travel document in order to keep their visa status alive and thereby permit reentry to the USA. Failure to obtain advance parole could result in a foreign fiancee losing his or her visa upon departure from the USA and thereby compelling them to go through the whole process anew.
An employment authorization document permits foreign fiancees in the United States on a K-1 visa to work prior to being approved for Green Card status. In many instances, couples opt not to apply for employment authorization and simply await the foreign fiance’s adjustment to Lawful Permanent Residence.
Once a foreign fiance is adjusted to lawful permanent residence, he or she may still be required to eventually apply for a lift of conditions. Those in the USA as a lawful permanent resident based upon marriage are placed in conditional status for the first two years of their presence in the USA if the couple was married less than 2 years at the time they acquired lawful permanent residence.
The above analysis could be utilized for K3 visa purposes as well. However, as the K-3 visa is currently being issued in very rare instances due to administrative closure policies at the National Visa Center, this blogger only mentions this issue as an aside.
For related information please see: K-1 Visa Thailand.
7th December 2010
นอกจากนี้ ภาษากฎหมายที่นักกฎหมายฝ่ายรัฐบาลใช้ในศาลในการที่จะแบ่งแยกคำตัดสินที่เกี่ยวกับการค้นหาข้อเท็จจริงโดยอัยการเป็นไปด้วยความระมัดระวังและลบล้างคำวินิจฉัยทั้งหมดจากความเห็นทางกฎหมาย นั่นเป็นการแปลความที่ไม่สมเหตุสมผลตามพระราชบัญญัติคนเข้าเมืองและสัญชาติซึ่งมองไปข้างหน้าถึงมาตรฐานของข้อเท็จจริงการพิจารณากระบวนการเพิกถอน
จากการรวบรวมข้างต้น สถานะของรัฐบาลสหรัฐอเมริกาในการที่จะปฏิเสธคำขอ I-130 คือ ในพฤติการณ์ที่ศาลไม่สามารถที่จะทบทวนคำวินิจฉัยที่วินิจฉัยโดยผู้มีอำนาจในหน่วยบริการคนเข้าเมืองและพลเมืองของสหรัฐอเมริกา (USCIS) เป็นประเด็นที่น่าสนใจว่า ศาลไม่ถูกชักจูงโดยข้อโต้เถียงและการทบทวนคำวินิจฉัย แม้แต่คำคัดค้านของรัฐบาล
สำหรับผู้ที่ไม่คุ้นเคยกับกระบวนการทำวีซ่าสหรัฐอเมริกา คำขอ I-130 นั้นเป็นขั้นตอนแรกที่จะทำให้คนต่างด้าวมีความเกี่ยวพันนกับสหรัฐอเมริกา คำขอนั้นใช้เพื่อผู้ที่ประสงค์จะพาคู่หมั้นชาวต่างชาติไปสหรัฐอเมริกา ในกรณีที่คำขอ I-130 ได้รับการอนุมัติ เรื่องที่ได้รับการอนุมัตินั้นจะถูกส่งต่อไปยังศูนย์บริการทางวีซ่า (NVC)ซึ่งเป็นตัวแทนภายใต้กงสุลสหรัฐอเมริกาในโฮจิมินห์ซิตี้ทาง NVC ในขณะเดียวกัน คู่หมั้นชาวไทยมีแนวโน้มที่จะดำเนินการในการขอวีซ่าโดยติดต่อทางสถานทูตสหรัฐอเมริกาในกรุงเทพฯโดยทางศูนย์บริการวีซ่า คู่หมั้นชาวจีนอาจจะดำเนินการในสถางกงสุลสหรัฐอเมริกาในจีนหรือสถานทูตสหรัฐอเมริกาในปักกิ่ง เช่นเดียวกันกับอินเดีย ภารกิจของสหรัฐอเมริกาในทั้งสองประเทศมีการเปลี่ยนแปปลงที่สำคัญเพื่อที่จะอำนวยความสะดวกสำหรับผู้ที่จะทำวีซ่าหลังจากกระบวนการของ NVC
ประเด็นเกี่ยวกับความเห็นทางกฎหมายในทางกฎหมายคนเข้าเมืองเป็นเรื่องที่ซับซ้อนเรื่องหนึ่ง ดังนั้นองค์ประกอบต่างๆของกระบวนการทำวีซ่าอาจจะมีความหลากหลายในประเด็นทางกฎหมายขึ้นอยู่กับพฤติการณ์ในแต่ละเรื่อง สำหรับเหตุผลนี้คู่สองสัญชาตินั้นควรเลือกที่จะให้ทนายความช่วยจัดการในการขอยื่นคำขอวีซ่าและผู้เชี่ยวชาญที่ได้รับอนุญาตนั้นสามารถที่จะดำเนินการทุกขั้นตอนและจัดการให้เป็นไปตามกระบวนการขอวีซ่าได้อย่างครบถ้วน
To see this information in English please refer to the previous blog posting.
4th December 2010
Those who read this blog on a regular basis will no doubt realize that when new information regarding Consular processing comes out this administration tries to post it in an effort to provide insight to those processing a visa application through the relevant Post. It recently came to this blogger’s attention that the United States Embassy in Manila, Philippines is changing their protocols for Immigrant visa processing. The following is a brief quotation from the official website of the US Embassy in Manila:
Effective December 1, 2010, various changes to immigrant visa services are as follows:
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Immigrant visa applicants whose appointments have not been scheduled through the National Visa Center (NVC) (i.e., immigrant visa petitions approved by the U.S. Citizenship and Immigrations Services Manila) may request a visa appointment by visiting the U.S. Embassy in Manila’s Visa Information and Appointment Service online at http://www.ustraveldocs.com/ph or by calling (632) 982-5555. The Visa Information and Appointment Service is open Monday through Friday, from 8:00 a.m. to 8:00 p.m. (Manila time), except on U.S. and Philippine holidays. Callers in the U.S. should call (214) 571-1600, from 7:00 p.m. to 7:00 a.m. (Eastern Standard Time). Callers are able to speak with an English-, Tagalog-, Ilocano- or Cebuano-speaking operator.
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Visa Information and Appointment Service representatives can provide information on visa appointment-related inquiries only. Inquiries on a specific case may be directed to the Immigrant Visa (IV) Unit by e-mail at [email protected] or by fax at (632) 301-2591. Petitioners and applicants may also call the IV Inquiry line at (632) 301-2000, extension 5184 or 5185 during normal business hours.
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Immigrant visa applicants who have been scheduled by the NVC for a visa appointment at the Embassy are required to visit the online appointment website to register their delivery address.
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K visa applicants who have been notified by the Embassy to prepare for their interview, must pay the visa application fee of $350 before they can request a visa appointment via the online appointment website or the Visa Call Center
It should be noted that the above quotation does not encompass all of the information provided upon the official website. Those interested in obtaining further information are encouraged to correspond directly with either an American immigration attorney or the US Embassy in the Philippines.
The Consular Processing phase is usually the last phase of the US visa process for those with immigrant intent. Although in certain cases, a 221g refusal may be issued if the adjudicating Consular Officer feels that further documentation is required to process an application. Furthermore, a visa application may be denied if it is found that a legal grounds of inadmissibility exists in a given case. Under such circumstances, it may be possible to remedy the denial through use of an I-601 waiver of inadmissibility.
In American family based visa cases, the Immigrant Visa Unit of a US Consulate abroad is responsible for the adjudication of a visa application for those seeking a K1 visa, K3 visa, CR-1 visa, or an IR-1 visa. Those seeking a non-immigrant visa such as a B1 visa (US Business Visa), B2 visa (US Tourist Visa), F1 visa (US Student Visa), or J1 visa (Cultural Exchange Visa) must interview with an adjudicator at the Non-immigrant visa unit of the Post with Consular jurisdiction to adjudicate a visa application.
For related information please see: US Embassy Philippines.
30th October 2010
In recent weeks, some websites have been abuzz with information pertaining to a recent memorandum from the United States Citizenship and Immigration Service (USCIS) which discussed Social Media platforms and their relevance in the context of United States Immigration. To quote sections of the memo directly, as posted on the EFF.org (Electronic Frontier Foundation) website:
The Internet has made it increasingly easier for people to get connected with each other whether that is with long-distance family, fiiends [sic], or to find new loves and friendships. Social networking sites such as MySpace, Facebook, Classmates, Hi-5, and other similar sites are designed to allow people to share their creativity, pictures, and information with others. Sometimes people do this to find romance, sometimes they do it to find fiiends [sic] with similar interests, and sometimes they do it to keep in touch with family…This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. Generally, people on these sites speak honestly in their network because all of their friends and family are interacting with them via lM’s (Instant Messages), Blogs (Weblog journals), etc. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship.
Visa and Immigration Fraud are fundamental concerns of the Department of Homeland Security, the USCIS, and Fraud Detection and National Security (FDNS). Therefore, investigation into the bona fides of a relationship that is the basis for submission of a visa petition can be rather routine in circumstances where a United States Citizen or Lawful Permanent Resident has submitted a petition for immigration benefits on behalf of a foreign loved one. That said, the implications of USCIS’s monitoring social media sites can be somewhat unnerving for many as evidenced by a recent quote from a blog post on the ImmigrationEquality.org website:
While we would never encourage anyone to engage in immigration fraud, it is disturbing to think of government officials “friending” unknowing immigrants to use the information in their personal posts against them. In these times of technology speeding forward, it’s important to remember that when you post anything on a public site you have to anticipate that it could be used against you.
Immigration fraud is a serious issue as the integrity of United States immigration law must be upheld both by those seeking immigration benefits and those adjudicating immigration petitions. New technologies offer new ways to stay connected to friends, family, and loved ones in a global context. However, comments made on social media sites which may seem innocuous or humorous to an online poster at the time of a comment’s posting could be taken out of context by immigration adjudicators who are not personally acquainted with the person or persons making such comments. At the end of the day, the main themes that may be gleaned from the recent revelation of this memo: DO NOT EVER attempt to defraud the U.S. government in an attempt to obtain immigration benefits and even those seeking immigration benefits for bona fide reasons should be cognizant of the fact that information posted on social media websites could, at some point, be heavily scrutinized by immigration officers and/or adjudicators.
For related information please see: US Visa Processing Time or I-601 waiver.
23rd October 2010
K3 Visa India: “Administrative Closing” and Immigrant Visas (CR-1, IR-1)
Posted by : admin
Those American Citizens with Indian husbands or wives often research issues surrounding the US K-3 marriage visa category in an effort to make informed decisions about American travel documentation. Although the term “K-3 visa” has become a common buzzword used as a colloquial synonym for US Marriage Visa on the World Wide Web, the K-3 category was not always the widely utilized travel document for Indian-American couples reuniting in the United States as the Immigrant visa categories often referred to as CR-1 and/or IR-1 visas were once the only travel documents available to the spouses of American Citizens wishing to take up residence in the USA (note: the IR-1 visa category predates the CR-1 visa category as conditional lawful permanent residence status has not always been imposed upon foreign spouses of US Citizens married less than 2 years).
There was a rather significant backlog of Immigrant visa petitions at the agency now commonly referred to as the United States Citizenship and Immigration Service (USCIS) when the K3 visa category was created by Congressional legislation sometimes called the “Life Act” which was signed and executed by President William Jefferson Clinton prior to leaving office toward the end of his term (the K-4 visa, similar to the K2 derivative visa attached to the K1 visa, was a derivative visa category also created by the “Life Act” to be utilized by the children of an Indian K-3 spouse).
Currently, the United States Citizenship and Immigration Service does not have the backlog that it once had of Immigrant spousal visa petitions. As a result, the K-3′s utility has been increasingly marginalized as the estimated processing time for CR-1 visa petitions and IR-1 visa petitions has decreased. Relatively recently, the American State Department’s National Visa Center (NVC) promulgated the policy that K-3 visa applications would be administratively closed if and/or when the adjudicated immigrant visa petition arrives at NVC before or with the supplemental K-3 visa petition. This policy has likely lead to some Indian-American married couples to seek Immigrant visa benefits rather than K-3 visa benefits as “administrative closure” precluded further processing of the K-3 visa petition and application.
Those interested in the K3 visa process or the Immigrant visa process are well advised to research all options prior to making any irrevocable decisions. Furthermore, those seeking immigration advice and/or representation should check the credentials of those claiming expertise in American immigration matters as only licensed American attorneys may practice American immigration law pursuant to U.S. law.
Fore related information please see: K3 Visa India or K1 Visa India.
22nd October 2010
Although the topic of K-3 visa applications and “administrative closure” by the United States National Visa Center has been a highly discussed topic in recent postings on this web log it is important to note as it can have a tremendous impact upon the K3 visa process. The K3 visa process is often researched by those United States Citizens wishing to obtain a US Marriage Visa for their Malaysian husband or wife. Although the term “K3 visa” has been used colloquially to describe an American spousal visa on the internet, this is not really the classic method of obtaining marriage visa benefits for the spouse of an American. In reality, submitting the petition to obtain CR1 Visa and/or the IR1 Visa benefits has historically been the commonly followed route to bringing a spouse to the USA.
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.
18th October 2010
US Visa Process: USCIS Service Center Estimated Processing Times
Posted by : admin
Regular readers of this blog are likely to note that the administration often posts the most recent USCIS (United States Citizenship and Immigration Service) estimated processing times in an effort to provide insight to those researching United States Immigration for the first time. Depending upon the visa category that is sought, the USCIS processing time may vary as different visa categories require unique adjudication. The following time frames were quoted directly from the official website of the United States Citizenship and Immigration Service:
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | June 10, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | June 10, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | June 10, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | February 8, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | September 1, 2006 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | April 16, 2010 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | April 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | April 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | April 16, 2010 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | September 12, 1997 |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | October 2, 2005 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | February 16, 2005 |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | November 10, 2008 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | November 10, 2008 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | July 16, 2010 |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
| I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | December 28, 2007 |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | December 28, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | March 2, 2009 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | March 2, 2009 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | April 18, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | April 25, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | October 1, 2008 |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | June 16, 2008 |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | December 1, 2009 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | December 1, 2009 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | December 1, 2009 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | December 1, 2009 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | March 27, 2010 |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | March 2, 2010 |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | June 5, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | June 5, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | May 22, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | May 1, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | May 22, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | May 22, 2010 |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
After a petition is submitted to either a USCIS lockbox or Service Center, the adjudication of the petition will generally occur based upon the order in which said petition is received. It should be noted that the above processing time estimates do not take into account the time it takes for the National Visa Center to process visa applications. Furthermore, Consular Processing at a US Mission, US Embassy or US Consulate abroad can add to the overall visa processing time. Therefore, even if a visa petition is approved, this does not mean that a visa will be immediately issued.
For further related information please see: K1 visa, L1 visa, E1 visa, E2 visa, or EB5 visa.
15th October 2010
Those American Citizens with an Indonesian spouse sometimes posit: “Would it be possible for me to obtain a K3 visa for my Indonesian husband or wife?” Although, the answer to this question is not exactly “cut and dried” it is a qualified No. However, this does not necessarily mean that there is not another US Marriage Visa category available to the Indonesian husband or wife of a United States Citizen or Lawful Permanent Resident.
The reason that a K3 marriage visa is likely unavailable to the Indonesian spouse of a US Citizen (K visas are not available to lawful permanent residents, this includes the popular K1 visa which is often used to bring fiances of American Citizens back to the USA) is due to the fact that the US State Department’s National Visa Center (NVC) has promulgated a policy whereby all K3 Visa applications will be administratively closed if the I-129f petition arrives contemporaneously with, or before, the arrival of an I-130 petition. As the United States Citizenship and Immigration Service (USCIS) has recently reduced their backlog when adjudicating I-130 petitions this has lead to a situation where I-130 petitions are arriving at NVC prior to their I-129f counterparts. In a way, circumstances as they exist under the aforementioned scenario negate the need for the K3 visa in most situations.
The K3 visa was created under the language of the so-called “Life Act” which was promulgated during the latter part of the Clinton Administration. At that time, the backlog of I-130 petitions was rather large and the K3 visa was created to allow expedited marriage visa processing for the spouses of US Citizens. As technology improved and USCIS overcame their I-130 backlog the USCIS processing time for the K3 visa and the Immigrant visa categories (CR1 Visa, IR1 Visa) came into alignment. Therefore, the K3 visa became somewhat redundant and the National Visa Center seems to have made the decision to “phase out” these types of visas when they are no longer needed.
This does not mean that American marriage visas are no longer available at all. Instead, more and more couples seek visa benefits by using the classic I-130 petition. This petition, if approved, can be used to obtain a CR1 Visa or an IR1 Visa for the spouse of an American Citizen (Lawful Permanent Residents are eligible to petition for CR1 or IR1 immigration benefits, but it generally takes longer to process such requests). Currently, it takes approximately 11-12 months to obtain an Immigrant visa for the Indonesian spouse of a US Citizen taking into account USCIS adjudication (currently taking approximately 5-6 months), NVC processing, and Consular Processing at a US Embassy or US Consulate abroad.
For related information please see: K1 Visa Indonesia or K3 Visa Indonesia.
14th October 2010
On the internet the term “K3 visa” seems to have become the ubiquitous buzzword used to refer to a US Marriage Visa. However, this type of visa is not the classic method employed by American Citizens wishing to bring their Cambodian spouse back to the United States of America. In reality, many utilize either a CR1 Visa or an IR1 Visa when seeking immigration benefits for a foreign spouse. This is largely due to the recently enacted policy of the National Visa Center (NVC) to “Administratively close” K3 visa applications arriving contemporaneously with, or after, the arrival of an approved I-130 petition at the National Visa Center.
At one time, the United States Citizenship and Immigration Service (USCIS) had a major backlog of pending I-130 petitions for spouses of Americans. President Clinton and the Congress at that time promulgated legislation known as the Life Act which created a new visa category called the K3 Visa. This type of travel document was a sort of expedited non-immigrant marriage visa for spouses of American Citizens (Lawful Permanent Residents have never been eligible for K visa benefits including the K1 visa). Those using such a travel document were required to file an adjustment of status application following their spouse’s arrival in the USA, but the K3 visa was issued as a multiple entry travel document so physical presence in the USA was not a rigorously demanded during the adjustment process for K3 visa holder, as opposed to K1 visa holders who cannot leave the USA while the adjustment of status is processing without applying for an advance parole travel document. Under such circumstances, should a K1 visa holder leave the USA without adjusting status then they will fall out of status and the whole process must begin anew.
Since the the creation of the K3 visa USCIS has cut down their backlog of US Marriage visas tremendously. Currently, it takes approximately 5-6 months for USCIS to adjudicate an I-130 for the spouse of a US Citizen. This brought K3 visa processing times and CR1 visa processing times into greater alignment resulting in a situation where it took virtually the same amount of time to fully process either type of visa, give or take a few weeks depending upon the unique circumstances of a case. As a result, the National Visa Center seems to have adopted the policy that there is little use for the K3 visa under the current circumstances which lead to the automatic “administrative closure” of such applications where the underlying I-130 petition has been adjudicated. This does not mean that the entire visa process is at an end, but the applicant is effectively required to seek an Immigrant spouse visa rather than a K3 visa where the I-130 is adjudicated in a timely manner.
For related information please see: K3 Visa Cambodia or K1 Visa Cambodia.
30th September 2010
Could My Burmese Girlfriend or Boyfriend Get a US Tourist Visa?
Posted by : admin
A frequently asked question among American expatriates and tourists overseas is: “Can I bring my foreign girlfriend with me to the United States on a Tourist visa?” In the context of Burma (Myanmar) some Americans may pose the question: “Can I bring my Burmese boyfriend or girlfriend to the United States on a Tourist Visa?” In many cases, the answer to either of these questions is a qualified: No. However, an in depth understanding of the statutory scheme underlying the Consular adjudication of visa applications can provide insight into the reasons for denial of these types of visas when sought by the significant others of United States Citizens or Lawful Permanent Residents.
Relatively few people (Americans included) are aware that United States Immigration law imposes a rather stringent statutory presumption that Consular Officers must adhere to when adjudicating non-immigrant visa applications. Under section 214(b) of the United States Immigration and Nationality Act a Consular Officer adjudicating a non-immigrant visa application abroad must refuse to issue the visa if the applicant cannot overcome the presumption that they are intending to immigrate to the United States of America. This creates a sort of “strong ties” vs. “weak ties” analysis whereby the Officer adjudicating the application can only grant the requested visa if the applicant can show sufficient “strong ties” to their home country and “weak ties” to the USA. This presumption is not easily overcome under the best of circumstances, but when an officer takes into account the fact that a non-immigrant visa applicant has an American boyfriend or girlfriend, the presumption could become virtually insurmountable without strong documentation in support of issuance.
Unfortunately, in the past there have been instances of couples attempting to utilize the US tourist visa for the purpose of circumventing the relatively long processing times associated with applying for US family immigration benefits. It should be noted that misrepresenting one’s intentions on a visa application could be construed as visa fraud by American authorities. A finding that fraud has occurred could result in civil and criminal sanctions for both the applicant and the American significant other.
Those couples wishing to obtain a family immigration benefit through use of an American fiance visa (K1 visa) or a spousal visa (K3 Visa in limited cases or a classic CR1 Visa or IR1 Visa in the vast majority of cases) should bear in mind that a visa petition should only be brought if the couple has a bona fide relationship. In short: a couple should not get married or file for a fiance visa if they do not have a bona fide relationship. A pretextual relationship, or so-called “marriage of convenience”, should not be used as a basis for submitting an application for a US visa.
For related information please see: US Visa Indonesian Girlfriend or K1 Visa Burma.
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