Fiancee and Spousal Visa Info

USCIS and Marriage Fraud

2015-10-19T11:30:00.000-07:00

I've been seeing the USCIS issue more and more RFEs and Notices of Intent to Deny for couples. This surprises and even shocks them given how they think their relationship has been adequately proven to be bona fide. But a review of the documentation submitted shows deficiencies in their original submission. This highlights the importance of having an attorney prepare the adjustment of status, immigrant visa paperwork or subsequent removal of conditional status paperwork. Having an experienced attorney address issues at the beginning of the review will result in more efficient processing and less stress.

If you need assistance with a marriage-based green card application through adjustment of status or consular processing, please call me at 626-771-1078 or email me.

Resuming blogging on K-1 and spousal visa matters

2012-01-16T11:57:00.001-08:00

It's been awhile as I've been busy work with. Now looking forward to starting up blogging again on fiancee and spousal visas. Please contact me if you need assistance:

Law Office of Theodore Huang
12223 Highland Ave. #106-747
Rancho Cucamonga, CA 91739

(626) 771-1078

Enter the USA based on a scanned document?

2012-01-04T16:56:00.000-08:00

The USCIS issued a press release today denying a rumor that a traveler entered the US by presenting a scanned image of his passport on his iPad. USCIS: "The assertion that a traveler entered in the US using solely a scanned image of his passport on his iPad is categorically false. In this case, the individual had both a driver's license and birth certificate, which the CBP officer used to determine identity and citizenship in order to admit the traveler into the country."

Success for a client attending a green card interview

2012-01-03T16:53:00.000-08:00

A client being interviewed as part of the green card process was approved today. Client received a permanent resident card valid for 10 years. Congratulations!

USCIS changes filing location for I-130

2012-01-03T08:44:00.000-08:00

On January 1, 2012, U.S. Citizenship and Immigration Services (USCIS) changed the filing locations for Form I-130, Petition for Alien Relative. Domestic petitioners will now mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on their residence in the

United States. Updated filing addresses are available at this link:

Form I-130 Direct Filing Locations. This effort will balance workloads between the two locations and provide more efficient and effective processing of Form I-130.

Increase in visa processing in Brazil

2011-12-28T17:25:00.000-08:00

The U.S. Mission to Brazil processed a record number of visa applications – 820,000 – in fiscal year 2011, a 42 percent

year-over-year increase.

DS-160 down

2011-12-12T09:46:00.000-08:00

The DOS website that hosts the DS-160 form was down a few days ago on Friday. Hopefully the site is back up as nonimmigrants need to access it to apply for this visas.

USCIS Transformation System

2011-12-02T14:35:00.000-08:00

USCIS announced they are in post-development of their transformation system. It's a new system that will allow applicants to apply for benefits online moving the agency away from a paper-based system. The first form to be rolled out is the I-539. Given the complexity of the application process, it'll take some time for the USCIS to get this transition down. We'll keep an eye on the progress.

Illegal becoming legal: Amnesty is not currently available.

2011-11-30T11:25:00.000-08:00

Important information from the AILA website:

The Obama Administration’s immigration announcement is NOT an amnesty. It does not grant legal status or work permits. It is not something that you can sign-up for! There is no “safe” way to turn yourself in to immigration authorities. Consult an immigration attorney about your immigration case or status. To learn more about the August 18, 2011 immigration announcement from the Obama Administration, read a consumer advisory from the American Immigration Lawyers Association here.

Getting Married in China: What to do

2011-11-23T10:54:00.000-08:00

In order to get married in China, at least one member of the couple must reside in China. Two foreigners on tourist visas are unlikely to be able to register to marry. The eligibility age for marriage in China is generally 22 for men and 20 for women. Certain categories of Chinese citizens, such as diplomats, security officials, and others whose work is considered to be crucial to the state, are not legally free to marry foreigners.

To register your marriage in Shanghai, please direct inquiries to the Marriage Registration Office at 3rd Floor, Room E; #82 Cao Bao Lu (Tel: +8621 6432-5087). In other cities, please contact the local civil affairs office (Min Zheng Ju).

Upon receipt of an application to register a marriage, the civil affairs office must ascertain that both parties are eligible to marry. The American partner to a marriage in China will generally be asked to submit a current passport, Chinese residence permit, Affidavit of Eligibility to Marry and a certified translation of this affidavit. The Chinese partner must submit their Family Registration Book (Hu Kou Bu) or residence permit, and Chinese National ID card (Shen Fen Zheng).

To hire an immigration lawyer to help bring your Chinese spouse to the USA, call us at 626-771-1078

Adjustment timeframes at Tampa USCIS

2011-11-21T21:32:00.000-08:00

Just received word that adjustment apps at Tampa USCIS are taking 4 - 5 months. For I-751 removal of conditional permanent resident status, processing is also taking about 4 - 5 months. Both apps are relevant for fiance(e) visa applicants. Contact us if you need more info.

I-765 work permit tips released

2011-11-19T08:15:00.000-08:00

USCIS released tips on preparing a work permit application on the I-765. Fiancee visa applicants are often eager to begin working immediately upon entering the US. K-1 regulations do permit employment, K-1 visa holders have found it difficult to prove their employment eligibility get a social security number from the Social Security Administration. Most just wait until receiving their work permit card as part of applying for a green card. To check out the work permit tip sheet, visit http://www.uscis.gov/ For help applying for a fiance(e) visa or green card, visit us at http://www.myfianceevisa.com/ or call us 626-771-1078.

Another I-129f petition approved

2011-11-15T14:27:00.000-08:00

Another K-1 petition approved. This one was receipted on 7/15/2011 and approved on 11/1/11. Took 3.5 months. Not bad considering the CSC is projecting adjudication times of 5 months currently. Beneficiary is from China.

K-1 fiancee visa processing at CSC

2011-11-15T10:41:00.000-08:00

Just received the latest processing times at the California Service Center. Processing of K-1 petitions is taking about 5 months. For spousal visas, processing times are also 5 months. Bear in mind that, unfortunately, processing times are not always accurate. The USCIS has acknowledged this to the American Immigration Lawyers Association.

Veterans Day: Thank you

2011-11-11T14:25:00.000-08:00

Special thank you to all the veterans who have served our country!

DOS to increase number of US consular officers in China

2011-11-10T09:40:00.000-08:00

The Department of State is increasing visa adjudications by one-third in FY 2012 in China, where it has seen significant increase in visa demand. The Department is adding 98 visa adjudicators this year and next in China and Brazil. A number of these new adjudicators are being hired through a pilot program that targets applicants who already speak Mandarin. The first group of these special hires to arrive at posts in China and Brazil in the spring of 2012. A second group will follow in summer 2012.

Very happy to see the Dept. of State's response to the growing demand in China.

For help with US visa processing in China and Brazil, call us at 626-771-1078.

US citizen K-1 petitioners subject to Adam Walsh Act

2011-11-08T15:01:00.000-08:00

U.S. petitioners who have been convicted of certain crimes will be subject to the Adam Walsh Act. Such crimes include the following:

An offense involving kidnapping (unless committed by a parent or guardian);

An offense involving false imprisonment (unless committed by a parent or guardian);

Solicitation to engage in sexual conduct;

Use in a sexual performance;

Solicitation to practice prostitution;

Video voyeurism;

Certain crimes involving child pornography;

Criminal sexual conduct involving a minor; or

Any other conduct that by its nature is a sex offense against a minor.

AILA attorneys are reporting that the USCIS is sometimes taking over a year to adjudicate these types of cases. USCIS states that "the ISOs must review the evidence presented to make well-reasoned determinations about the risks petitioners may pose to the beneficiaries of the petitions... As it stand currently, the processing time for AWA-related cases at the VSC is at eight months."

If you are a US citizen who has committed these types of crimes and are seeking to apply for a foreign fiancee, please call our office at 626-771-1078 to see if we can help you.

K-1 fiancee visa processing at US embassy in Abu Dhabi

2011-11-01T21:19:00.000-07:00

This post processes a large number of K-1 fiancee visas, especially for Iranian K-1 cases. Expat workers should be prepared to present their UAE residence permits to process at this post. Key factors to show during the interview are the bona fide nature of the relationship between the US citizen and foreign fiance(e).

The post will try to accommodate appearances by the US citizen petitioner who wishes to attend the K-1 fiance(e) interview with his/her foreign fiance(e). However, the presence of the U.S. citizen petitioner is not a requirement. Even if a US citizen is present, the petitioner should be prepared to allow the US embassy officer to interview the foreign fiance(e) separately.

For assistance with K-1 or spousal visa processing at the US embassy in Abu Dhabi, please contact me at 626-771-1078.

Getting biometrics done in Guangzhou?

2011-11-01T17:40:00.000-07:00

Applicants filing for a reentry permit need to be physically present when the application is filed. Thereafter, a biometric appointment is scheduled where the applicant goes to a fingerprinting office to provide fingerprint scans. At this point, we're hoping that applicants who were present in the USA at the time of filing the reentry permit application but who left and were outside the USA when the biometrics appointmnent was scheduled, will be permitted to provide their biometrics abroad. Being able to do so would save time and money given that the applicant wouldn't have to fly back to the USA. We're waiting to see if Guangzhou will allow this, but we did receive unofficial word that the office in Guangzhou did receive a biometrics machine so we're keeping our fingers crossed.

New medical exam form issued

2011-11-01T08:52:00.000-07:00

USCIS released a new I-693 medical exam form version today. The new version will be required starting 1/1/12. Most adjustment of status applicants need to have a medical exam conducted as part of the adjustment process. Medical exam are performed by USCIS authorized medical doctors referred to as civil surgeons. Civil surgeons can be located by visiting http://www.uscis.gov/ and inputting a zip code.

Civil surgeons are supposed to be current with medical exam requirements and with procedures. However, given that the new form is being phased in, it's always a good idea to confirm with the civil surgeon's office that they are aware of and will be using the new form. Not only are medical exams expensive, but applicants will be very disappointed to see their adjustment of status applications delayed if it is determined that a civil surgeon used an expired form.

Please don't friend me (on Facebook)

2011-10-31T21:11:00.000-07:00

If you are interested in using social media to connect with me, please use my LinkedIn.com account. While I do maintain a Facebook account, it's only for personal use. Ethical concerns make trying to manage social media relationships tricky. What folks don't realize is that friending an attorney on Facebook could open up ethical issues where confidential information could be transmitted simply by being listed on an attorney's friends roster. I find it a little bit easier to limit my professional relationships to LinkedIn. Still, it's not perfect.

Web 2.0 and the new social media applications are a wonderful way to connect. What's challenging is making sure attorney/client or attorney/prospective client interactions are compliant with state ethical rules.

Planning a trip to China to visit Chinese fiancee

2011-10-28T10:46:00.000-07:00

Just cranked out a quick email to a prospective client. He's been in touch with a gal in China and things are going well. He wanted to know what the supporting docs are that need to be gathered, and I was happy to provide him with some info about the K-1 fiancee visa as well as the supporting docs. Always appreciate when folks are proactive and thinking ahead. It saves them time and expense.

If you have questions about your specific situation, call me at 626-771-1078 or email me.

U.S. embassy in Bangkok, Thailand closed temporarily

2011-10-27T11:06:00.000-07:00

Got word that the U.S. embassy in Bangkok, Thailand has been closed temporarily due to flooding. Office is expected to be closed for a few days. Hopefully this won't impact the fiancee visa and spousal visa scheduling too much.

USCIS holds stakeholder meeting re Ethiopian adoptions

2011-10-26T10:00:00.000-07:00

U.S. Citizenship and Immigration Services (USCIS) would like to invite you to attend a stakeholder call to discuss USCIS processing of Ethiopian adoption cases which the U.S. Embassy in Addis Ababa is referring to USCIS as "not clearly approvable" on Friday, October 28, 2011 @ 10:30 am (EDT).

Recently, the U.S. Embassy in Addis Abbaba, Ethiopia, has identified a number of adoption petitions (Form I-600, Petition to Classify Orphan as Immediate Relative) that it has determined are not clearly approvable (NCA), and thus, must be referred to USCIS for adjudication. USCIS would like to explain what “not clearly approvable” means and how the processing of such cases will unfold once the cases are referred to USCIS.

I feel bad for those parents who are looking forward to being united with their kids but cannot because of potential problems surrounding their I-600 paperwork. Hopefully this will get resolved with as little heartache as possible.

4 attorneys disciplined

2011-10-26T09:21:00.000-07:00

Just read that 4 immigration attorneys were disciplined. I didn't know them. The Executive Office for Immigration Review announced the disciplining of four immigration attorneys this morning. Not quite sure what the grounds were for the discipline. However, the disciplinary action included suspension of up to 5 years before the immigration tribunals. Glad to see that the EOIR is monitoring attorneys who are breaching rules of professional conduct. And hopfully these measures will instill in the public a bit more trust in the legal profession.