Posts Tagged national visa center
You options to bring your foreign wife/husband to United States
Posted by Josun in Avoid Green Card Mistakes on March 3, 2010
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.
How long does it take to get fiancé visa (K-1)?
Posted by Josun in Green Card application on February 6, 2010
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 Service – INS) 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.