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You options to bring your foreign wife/husband to United States

What would be the best approach for you if you, as a U.S. citizen, want to live as husband and wife in the United States as soon as possible?

United States Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) made changes in processing K-3 marriage-based visa petitions.  If you make an application by filling out Form I-130 and form K-3 via National Visa Center (NVC) to speed up the process, then NVC will close your K-3 petition. This procedure went into effect as of February 1, 2010.

How will new procedure affect your status?

Here’s more clarification: as a U.S. citizen, you married a foreign national.  You want your wife or husband to come to United States to live together. You have two options:

1)      You apply to the USCIS by filing immigrant petition I-130 for your foreign spouse to bring him/her to United States. USCIS approves your petition and forwards it to NVC with your financial support affidavit. NVC forwards it to consular section of the U.S. embassy in the country of your spouse.

2)      You choose to make an application for K-3 (not K-1 fiancé) visa. Because, processing time for K-3 visa is faster.

In the past, NVC was processing both petitions (I-130 and K-3) and you, as an American citizen, were able to bring your spouse while your immigrant visa application was in progress. So, your foreign spouse was able to come to United States as legal resident and stay with you while waiting for visa.

Your options under new USCIS rule

Now, if you make two applications (I-130 and K-3) to speed up the process, NVC will not process both of your applications as it did in the past. Instead, NVC will close your K-3 petition and process only your I-130 petition. The reason is simple: USCIS will reduce its workload by processing only one petition.

According to Paul Szeto, Esq., if you make an application for K-3 only, you may see your spouse faster than applying for I-130. Furthermore, as a result of reduction in workload, USCIS and NVC processing time will be shorter.

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How long does it take to get fiancé visa (K-1)?

Purpose: You need K1 visa to bring your foreign fiance to get married and living in United States.

USCIS Form: As a U.S. citizen, you make your petition by filing I-129F form with U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization ServiceINS) office near you. USCIS office sends your petition to National Visa Center (NVC) upon approval. NVC sends it to consular section of U.S. Embassy in the country where your fiancé lives. Consulate officer contacts your fiancé and asks you fiance to apply for K-1 visa.

How long does it take? It takes two months if you lucky (workload of the consulate office is not heavy). In normal circumstances, it takes from two to six months.

U.S. embassy in your fiance’s country tries to help your fiancé as much as possible as a service to you, an American citizen.

How does fiancé visa process work?

Documents that your fiancé submits: birth certificate, valid passport, police clearance report, divorce decree or death certificate if your fiancé married before, medical examination report from doctors/health clinics listed by the embassy, two passport photographs, evidences that show that you are in a fiancé relationship in the past.

These documents must be accompanied with b (Non-Immigrant Fiancé Visa Application Form), DS-156K (Non-Immigrant Fiancé Visa Application), and Form I-134 (Affidavit of Support) that you will prepare and send.
Your fiancé goes through an interview at consular section of U.S. embassy and submits these documents and forms. Consular officer returns the originals after reviewing them and retaining the photocopies.

Please note that this information is obtained from our clients who asked us to have their documents translated into English and certified for the U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS). This is not a legal advice or a part of legal services. You need to check with an immigration attorney to get legal advice on this and other immigration matters.

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Are you eligible for Green Card Lottery?

Eligibility for Green Card Lottery program: Are you eligible?

Citizens from many countries are eligible to participate in Green Card Lottery (Diversity Visa) program. However, following countries are not included in the list: Brazil, Canada, China (mainland), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru, The Philippines, Poland, Russia, South Korea, United Kingdom (excluding Northern Island), and Vietnam. So, you are not eligible if you are a citizen of one of these countries. You need to check the listing of these countries in each year’s Diversity Visa program (stated as DV-2009 or DV-2010, etc.)

What happens if your native country’s name is on the list?

Well. That’s not the end of the world! You have all other options to get your Green Card.

Other options to get your Green Card

Green Card lottery program is not the only option that you have to get a Green Card. Your other options are: marrying American citizen (after getting fiancé visa), investing in the United States, getting a job offer from a U.S. employer, asking your American relative to apply for you,  applying as a special immigrant, and requesting humanitarian protection (asylum and refugee status) if you meet the conditions of being one.

Please remember that U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) certification requirements of your documents for all Green Card applications.

Getting Your Green Card

You may apply for Green Card under the following categories: (a) marrying an American citizen; (b) engaging to marry your U.S. citizen fiancé; (c) asking your family relatives (your father, mother, husband, wife, brother, sister, children over 21) who are “citizens” of United States; (d) asking your close family members (your father, mother, husband, wife) of Albanian origin, who have Green Card; (e) receiving employment offer from an American employer; (f) winning Diversity Visa Lottery in your native country; (g) investing your money in United States; (h) qualifying as special immigrant (recognized religious workers, foreign medical graduates, etc.); (i) requesting humanitarian protection (asylum, refugee) from persecution or fearing based on your race, religion, nationality, political opinion, or membership in a particular social group in your native country.

ACR Language Translation Services, subsidiary of ACR Systems Inc., founded in 1982, provides certified translation for Green Card when you apply to U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) for its clients applying for Green Card (permanent resident visa) and U.S. citizenship.

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How can you get “certified” translation for USCIS?

If you need professional translation of your birth certificate, marriage certificate/license, divorce decree, diploma, transcript, police report, passport, apostille, driver’s license, military record, or any other document from your native language to English language and certified for the U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) to get your Green Card or U.S. citizenship, visit ACR Language Translation Services to get “instant” quote (”certified” translation fee and turnaround time).

This entry page contains the following languages: Albanian Amharic Arabic Azerbaijani Belarusian Bengali Bosnian Bulgarian Burmese Cambodian Chinese Croatian Czech Danish Dari Dutch Estonian Farsi Finnish Flemish French Georgian German Greek Gujarati Haitian Creole Hebrew Hindi Hungarian Indonesian Italian Japanese Kannada Kazakh Korean Kyrgyz Laotian Latvian Lithuanian Macedonian Malay Malayalam Marathi Moldovan Mongolian Norwegian Polish Portuguese Punjabi Pushto-Pashto Romanian Russian Singhalese Slovak Slovenian Spanish Swahili Swedish Tagalog Tajik Tamil Thai Turkish Turkmen Ukrainian Urdu Uzbek Vietnamese

Once you reach each language page, you will find specific information on translation of your birth certificate, marriage certificate/license, divorce decree, diploma and transcript, police (clearance) report, passport, apostille, driver’s license, military record, and other documents.

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