Posts Tagged uscis
Marrying an American Citizen During Your Visit United States
Posted by Josun in Marrying American citizen on June 25, 2010
What happens if you find an American soul mate?
It is happening all the time. A man or woman comes to the United States for touristic purposes and falls in love with an American citizen. What is also happening is a man or woman decides to marry and comes to the U.S. with a tourist visa. Big difference!
It is illegal to come to the United States with tourist visa to get married
Here’s what happened: Gloria, a young attractive girl from Venezuela starts chatting with Paul, an intelligent new graduate American working for a Fortune 500 company in Chicago. Paul flies to Brazil for business and takes a few days of his annual leave to go to Venezuela to meet Gloria for the first time.
Paul proposes to Gloria on his last day in Venezuela. They decide to get married in July, two months later. Considering that getting a tourist visa would be easier and simpler, Gloria applies for a tourist visa from the consular section of the Embassy of the United States in Caracas.
Responding to custom officer’s question for her stay in the United States, Gloria tells that she will stay at Paul’s home and get married in few weeks. That’s the end of Gloria’s story! The U.S. Customs Officer asks her to go back to her country with the first flight. That was a nightmare for Gloria. What she didn’t know was the fact that one cannot use tourist visa for any other purpose, including for getting married in the United States. What a costly mistake!
Christina gets married an American citizen while on a tour to Las Vegas
In contrast to what happened to Gloria, Christina successfully gets married in Las Vegas without knowing anything about immigration laws. After getting back to Las Vegas from Grand Canyon trip, Christina meets David who was sitting next to her at Cirque du Soleil show. Accepting David’s offer to have dinner, they fall in love to each other. Two days later, Christina and David get married in Las Vegas.
Legitimate use of tourist visa
Christina stayed in the United States with no problem as she didn’t know that her touristic visit would result in a marriage. So, she did not face any legal problem. David requested certified translation of Christina’s birth certificate in order to apply for Green Card for her. Christina received her labor certification in 35 days, allowing her to legally work in the United States. Christina was invited to have her photograph and fingerprints taken at local immigration office. Now, they are waiting for an interview at U.S. Citizenship and Immigration Services (USCIS).
Marriage Certificate Translation for U.S. Immigration
Posted by Josun in Certified translation of your documents on May 24, 2010
U.S. Citizenship and Immigration Services Requirements for Married Couples
You must have a marriage certificate or marriage license if you are married. If you re-married, then you need to present one of the following documents:
- Divorce decree. Make sure that you have the finalized copy after right to appeal was exercised or waived.
- Death certificate if previous spouse died.
- Annulment certificate.
What happens if you are married but don’t have marriage certificate?
If are married but lost your marriage certificate, then you need to obtain a document from the official agency stating the case with official seal/stamp and signature. You may also get an affidavit from relatives or friends who have witnessed your marriage and this affidavit must be executed before an official agency.
Some countries, such as India, issue non-availability of marriage certificate (as well as birth certificate) in cases where marriage has not been officially recorded.
Who issues divorce decrees?
In many countries, including China, Russia, and in most Christian counties, courts handle divorces cases and issue divorce decrees for dissolution of marriage union. Some courts require passage of certain period of time before deciding on divorce or separation of marriage.
In most Muslim countries, Religious or Sharia Courts issue divorce decrees.
Marrying American citizen to get your Green Card faster
Many citizens of other countries get their permanent resident visa by marrying a U.S. citizen. The U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) scrutinizes such marriages carefully non-immigrants who have to leave the United States get married fast, or marriage creates some doubts if married persons are not living together.
If you are married an American citizen, it will help if you arrange a wedding attended by the relatives, especially the relatives of the U.S. citizen, joint tax returns that you filed, receipts and utility bills, and bank accounts carrying both of your names. Having a joint child also helps in getting your Green Card.
You need to get certified translation of your marriage certificate into English
If your original marriage certificate is not in English language, then you need to submit “certified” translation of your marriage certificate into English language to submit to the USCIS.
Non availability of birth certificate when applying for Green Card
Posted by Josun in Green Card application on April 19, 2010
What happens when you have no birth certificate?
Many immigrants face a problem of not having a birth certificate when applying to U.S. Immigration for their Green Card. People especially from several regions of India have never got birth certificate. We translated and certified non-availability of birth certificates from Hindi, Gujarati, Marathi, Kannada, and many other languages. Certificates issued by local governments for food supply contain information about the individuals and are used to prove the place and date of birth of the individual.
Many refugees do not have birth certificates
Modern-day tragedy still continues. Many people are being forced to leave their home country due to civil wars, riots, and political regime changes. These people leave their hometowns by leaving their belongings, including their valuable papers.
U.S. Citizenship and Immigration Services (USCIS) accepts alternative documents for Green Card applications
In cases where our clients have no birth certificate, they try to find any official document that shows their place and date of birth, names of their father and mother, and any other relevant document. In many countries, civil registration offices, and in others, churches issue certificates containing birth certificate information. Certificates of baptism are common in many European countries.
The U.S. Citizenship and Immigration Services of the U.S. Department of Homeland Security accepts certificates or some other official documents (driver’s license, passport, etc.) under different titles if the application does not have a birth certificate.
Embassy of your country can help you in getting your documents for immigration
If you lost your birth certificate, marriage license, divorce decree, or any other document, then you can contact the consular section of the embassy of your country. All embassies are located in Washington, D.C., the nation’s capital. Some embassies have consulate offices in major cities such as New York, Miami, Boston, Los Angeles, Houston, and other cities and they ask you to contact the nearest consular office for your application. Many embassies have online system connected to their headquarters in native counties to facilitate issuance of birth certificates, marriage certificates, and other documents in a short period of time.
How can you get certified translation of your new certificate?
Any document that is not in English must be translated and certified for the U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS). Certified translation is on professional translation agency’s corporate letterhead with authorized signature, raised/embossed corporate seal with a statement as required by the USCIS. This “Certification by Translator” document certifies that (a) the translation is accurate and true, and (b) the translator is competent in translating such document.
Certified translation of your documents must be submitted to the USCIS in hard copy as copies (electronic or photocopied) are not acceptable.
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.
H-1B Visa Violations That You Should Avoid
Posted by Josun in Avoid Green Card Mistakes on February 17, 2010
USCIS memo created concerns for H-1B beneficiaries and employers
The January 8, 2010 U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) issued a memo on the subject of H1b “employer-employee” relationships relating to H-1B visa application and process. This created uncertainty for many H1B beneficiaries and U.S. employers.
How does H-1B process work?
Immigration and Nationality Act has criteria for qualifications of H-1B nonimmigrant foreign national.
The U.S. Department of Labor must first determine that the petitioning U.S. employer qualifies to submit an application. The Secretary of Labor determines and certifies to the Attorney General that the U.S. employer has filed with the Secretary an application. Then, H-1B visa is issued if all conditions of the petitioner meet the requirements.
Who monitors H-1B violations?
The U.S. Department of Homeland Security’s (DHS) Document Fraud and National Security (DFNS) monitors violations of H-1B visa and other fraudulent activities by immigrants who want to stay and work in the United States.
What are the major H-1B visa violations that you and U.S. employer should avoid?
Here are some of the major violations of H-1B visa applications:
- Beneficiary non-U.S. national worked at a site other than those listed in H-1B petition.
- Beneficiary (foreign national) did not get paid for the work.
- Reporting fake working site address.
- Beneficiary worked for jobs that are not listed in H1B petition.
- Foreign national started working for U.S. employer before filing H-1B petition.
Companies that are subject to intensive scrutiny
DFNS puts more emphasis on U.S. employers that are more likely to violate H-1B visa requirements. These companies that:
- have been in business less than 10 years
- employ less than 25 employees
- earn less than $10 million
Source: Global Immigration Partners, Inc.
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.
Are you eligible for Green Card Lottery?
Posted by Josun in Green Card Lottery option on September 8, 2009
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.
How can you get “certified” translation for USCIS?
Posted by Josun in Certified translation of your documents on September 6, 2009
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).
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