Road to Citizenship

K1 Visa Questions - Do I need a lawyer?

2011-11-03T16:30:00.000-07:00

My wife and I disagree on this issue, but since I am the one who is blogging I will give you my point of view first.

NO.........There it is.

Ok, ok, we all know that choosing whether or not to retain an attorney for the K1 Visa process can be a tough decision. But if you are diligent and take your time, then a lawyer is not necessary and will NOT be able to speed up the process.

Even if you retain legal counsel you still HAVE to do all of the work yourself anyway. They will simply fill in the fields on the K1 application with your input. And if you give them the wrong information, such as transpose to numbers in your fathers SS number, then they will get it wrong also. They don't know his SS number any better than you do.

BEWARE - some immigration lawyers are simply scamming you and taking advantage of people who have not done their homework.

They will NOT be the ones working on your case and will leave that to a non-qualified legal secretary. Do you understand? A SECRETARY, will be handling your important paperwork.
The only thing that a lawyer can provide is a second set of eyes for proof reading your paperwork, and it won't be his eyes. He will stamp it and sign it after it is finished, then cash your check and forget about you. Some attorneys will be very willing to talk to you at first. So my advice is that if you have specific questions, leave a comment here, then call an attorney and tell them that you are thinking of retaining their service and would like to ask a few questions. Because they are trying to make you feel comfortable they are very likely to field a few questions up front for free.

With all of that said, I have created a list of people who should or should not retain legal counsel for the K1 Visa Process.

SHOULD HIRE AN ATTORNEY IF:

-You met your fiance online or through a friend and have had fewer than 3 face to face meetings.
-Your fiance is here illegally with you in the United States (expired Visa, or illegal alien)
-You or your fiance has ever been convicted of a felony, or has a police record
-Your fiance has a 2yr J-Visa requirement
-You really feel like wasting $3000 :-)

SHOULD NOT HIRE A LAWYER

-You can file your own taxes----the K1 is just like a tax document
-You have all of your documentation
-You are confident that you can prove an ongoing relationship with your fiance
-You have no criminal record
-Or basically, any reason other than the aforementioned reasons to hire an attorney.

I hope this helps, comment, questions, and concerns for the greater good are welcome, please tweet this page and follow us.

How Long Does It Take To Get Immigrant Status After Filing I-485

2011-11-02T15:19:00.000-07:00

How Long Did It Take Your Change of Status to Be Complete?

Please Comment and Follow so you can share your expertise with others on our Blog.

Form I-485, Application to Register Permanent Residence or Adjust Status, is used by a person in the United States to adjust his or her nonimmigrant status to that of a permanent resident. It is the final step of a long journey to green card.

How Long Does It Take to Receive Approval for My I-485 Application?

It varies dramatically from case to case, and from center to center. It also depends on your petition category (EB2 vs. EB3, for example). The bottleneck in I-485 processing used to be background checks, especially FBI name check. It was impossible to predict how long the background investigation would last. In some cases, it could take several years. However, the situation has improved since mid-2008. USCIS claims that as of March 2009, all FBI name check cases pending more than six months have been cleared. In fact, the FBI is completing over 99% name check requests within 30 days.

Along with the good news on background checks, however, visa retrogression has significantly worsened. You must have an immigrant visa number available to you before your I-485 can be approved, which means your priority date (PD) has to be earlier than the cut-off dates established in the visa bulletin for your immigration category. If you have cleared all security checks, and your PD is current, and your I-485 received date (RD) is within USCIS processing window, you can probably expect an approval from a few months to one year.

How Do I Check the Status of My I-485 Adjustment of Status Application?

Please Ask Questions. Our Video Is at the Right. Send it to all of your Facebook friends.

Tags: K1 visa, finacee visa, fiancee, fiance visa, i 485, change of status, USCIS, K1, K-1, Visa, Immigration,

Which K1 Visa Immigration Form Is The Most Difficult

2011-11-01T09:51:00.000-07:00

Welcome To Our Website and Welcome to America!!!!

Is it the K-1 Application, the G-639, or the I-485..........................you decide.

TODAYS QUESTION:
Which of these forms is the most difficult to fill out correctly?
In your opinion, which did you have the most

trouble with?

I signed my name wrong to the I-485, which is the Application to Register Permanent Residence or Adjust Status, and all of the paperwork came back stating it had been rejected. I thought that the spaces where difficult to find, and indeed it led to me making a mistake on my immigration form. I didn't think the K-1 Visa Application was too difficult. The hard part of the K1 Visa application was the requisite documentation.

Anyway...let me know what you think.

In the previous post I have listed all of the forms and descriptions. It was taken from the USCIS.gov website.

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USCIS K1 Immigration Forms

2011-11-01T09:46:00.001-07:00

List of Forms from the USCIS.gov website:

Change of Address	AR-11	$0	04/01/11
Alien's Change of Address Card	AR-11 SR	$0	04/01/11 Note on Expiration: USCIS continues to accept the 09/30/11 edition of Form AR-11SR (the form currently available for download on this page), despite the passing of the form¿s expiration date. An updated from with a new expiration date will be posted as soon as it becomes available.
Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer	EOIR-29	$110	April 2009
Notice of Entry of Appearance as Attorney or Accredited Representative	G-28	$0	04/22/09; (09/26/00 also accepted)
Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States	G-28I	$0	04/22/09. Previous editions not accepted.
Biographic Information	G-325	$0	08/08/11. Previous editions accepted.
Biographic Information	G-325A	$0	08/08/11. Previous editions accepted.
Biographic Information	G-325B	$0	08/08/11. Previous editions accepted.
Biographic Information	G-325C	$0	08/08/11. Previous editions accepted.
Freedom of Information Act/Privacy Act Request	G-639	$0	10/08/10. (02/04/09 edition also accepted)
Verification Request (SAVE agencies)	G-845	$0	07/25/08. Previous editions accepted.
Document Verification Request Supplement	G-845 Supplement	$0	07/25/08. Previous edtions accepted.
Return of Original Documents	G-884	$0	11/17/09. Previous editions accepted.
Genealogy Index Search Request	G-1041	$20	04/30/09. Previous editions accepted.
Genealogy Records Request	G-1041A	The fee for a copy from microfilm is $20 per request. The fee for a copy of a hard copy file is $35 per request.	04/30/09. Previous editions accepted.
E-Notification of Application/Petition Acceptance	G-1145	$0	05/25/2011. Previous editions accepted.
Employment Eligibility Verification	I-9	$0	08/07/09; (02/02/09 also accepted)
Employment Eligibility Verification CNMI	I-9 CNMI	$0	06/27/10. Previous editions accepted.
Application to Replace Permanent Resident Card	I-90	$365. (Add $85 biometric fee for a total of $450, where applicable. See the form instructions for payment details.)	11/23/10. (08/10/09 edition also accepted.)
Application for Replacement/Initial Nonimmigrant Arrival-Departure Document	I-102	$330	11/23/10; (01/13/10; 09/09/09; 08/21/08 editions also accepted)
Petition for a Nonimmigrant Worker	I-129	$325	10/07/11 (01/19/11; 11/23/10 edition also accepted)
Petition for a CNMI-Only Nonimmigrant Transitional Worker	I-129CW	$325 (base filing fee)	10/07/11
Petition for Alien Fiancé(e)	I-129F	$340. (There is no fee for petitions for K-3 status based on an immigrant petition filed by the same U.S. citizen.)	11/23/10; (06/14/10; 02/19/10 editions also accepted)
Nonimmigrant Petition Based on Blanket L Petition	I-129S	See Special Instructions and Form Instructions.	11/23/10. No previous editions accepted.
Petition for Alien Relative	I-130	$420	08/15/11; (11/23/10; 06/14/10; 05/27/08 and 01/31/08 editions also accepted)
Application for Travel Document	I-131	$360. (Exceptions apply, an $85 biometric fee may be required, see form instructions for details.)	11/23/10 (02/12/10; 07/14/09; 03/24/09; 10/30/08; 05/27/08; 02/26/08 editions also accepted)
Affidavit of Support	I-134	$0	05/25/2011. Previous editions accepted.
Immigrant Petition for Alien Worker	I-140	$580	04/08/11; (11/23/10; 06/14/10; 01/06/10 editions also accepted)
Application for Advance Permission to Return to Unrelinquished Domicile	I-191	$585	04/08/11. Previous editions accepted.
Application for Advance Permission to Enter as Nonimmigrant	I-192	$585	11/23/10. Previous editions accepted.
Application for Waiver of Passport and/or Visa	I-193	$585	12/10
Application for Permission to Reapply for Admission into the United States After Deportation or Removal	I-212	$585. No biometric fee is required.	09/11/11. (11/23/10 edition also accepted)
Application for Removal	I-243	$0	12/20/10. (09/14/09 edition also accepted)
Notice of Appeal or Motion	I-290B	$630	03/14/11; (11/23/10; 04/21/10; 02/10/09; 03/04/08 editions also accepted)
Petition for Amerasian, Widow(er), or Special Immigrant	I-360	$405. See Special Instructions.	01/18/11; (11/23/10; 11/08/10; 12/30/09 edition also accepted.)
Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian	I-361	$0	04/28/2009. Previous editions accepted.
Request to Enforce Affidavit of Financial Support and Intent to Petition for Legal Custody for P.L. 97-359 Amerasian	I-363	$0	09/15/11; (10/26/10, 09/14/2009; 10/06/08; 03/18/08 also accepted)
Application to Register Permanent Residence or Adjust Status	I-485	$985. (Add $85 biometric fee for a total of $1070, where applicable. See the form instructions for payment details.) You must make your check payable to Department of Homeland Security.	01/18/11; (11/23/10, 11/08/10; 7/15/10; 12/03/09 editions also accepted)
Supplement A to Form I-485	I-485 Supplement A	$1,000	01/18/11; (11/23/10; 12/16/08; 05/27/08 editions also accepted)
NACARA Supplement to Form I-485 Instructions	I-485 Supplement B	N/A	03/01/98
Instructions for I-485, Supplement C, HRIFA	I-485 Supplement C	See Form I-485	09/15/11. Previous editions not accepted.
Instructions for I-485, Supplement E	I-485 Supplement E	$0	01/18/11
Waiver of Rights, Privileges, Exemptions and Immunities (Under Section 247(b) of the INA)	I-508	$0	11/17/09; (10/06/08; 05/27/05 also accepted)
Waiver of Rights, Privileges, Exemptions, and Immunities	I-508F	$0	11/17/09. Previous editions accepted.
Immigrant Petition by Alien Entrepreneur	I-526	$1,500	11/23/10; (04/21/10; 01/06/10; 06/12/09; 12/16/08 editions also accepted)
Application To Extend/Change Nonimmigrant Status	I-539	$290	10/07/11; (01/19/11; 11/23/10; 07/15/10; 12/11/09; 06/12/09 editions also accepted)
For persons seeking V nonimmigrant status while in the United States or extension of V status.	I-539, Supplement A	N/A	11/23/10 (Previous editions accepted.)
Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status	I-566	$0	01/18/11
Application for Asylum and Withholding of Removal	I-589	$0 (Biometrics services may be required at no cost.)	05/25/2011. Previous editions accepted.
Petition to Classify Orphan as an Immediate Relative	I-600	$720. (No fee is required if you are filing based on an approved I-600A filed within the previous 18 months. An $85 fee for biometrics services is required for each person 18 years of age or older who is living with the applicant. See the form instructions for full payment details.)	01/12/11; (11/23/10; 12/30/09 editions also accepted)
Application for Advance Processing of Orphan Petition	I-600A	$720. (An $85 fee for biometrics is required for each person 18 years of age or older who is living with the applicant. A one-time, no-fee extension can be requested before the expiration date indicated on Form I-171H. See form instructions for additional details.)	01/12/11; (11/23/10; 12/30/09 editions also accepted)
Application for Waiver of Grounds of Inadmissibility	I-601	$585	06/08/11; (11/23/10 and 01/06/10 edition also accepted).
Application By Refugee For Waiver of Grounds of Excludability	I-602	$0	01/06/10. Previous editions accepted.
Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended)	I-612	$585	11/23/10; (08/10/09 edition also accepted)
Health and Human Services Statistical Data for Refugee/Asylee Adjusting Status	I-643	$0	10/08/10. Previous editions accepted.
Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act	I-687	$1,130. (An $85 fee per applicant over 14 years of age for biometrics services may be required. See form instructions.)	11/23/10; (09/09/09 edition also accepted.)
Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act	I-690	$200	11/23/10; (01/06/10 edition also accepted)
Report of Medical Examination and Vaccination Record	I-693	$0. Note that USCIS does not regulate fees charged by civil surgeons for medical examinations. Fees may vary by physician.	10/11/11. See "Special Instructions" below for important information on previous editions.
Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act	I-694	$755	09/23/11; (11/23/10; 09/09/09; 08/21/08 also accepted)
Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of the INA)	I-698	$1,020, regardless of when filed. (An $85 per applicant fee for biometrics may be required - unless under 14 years of age or older than 79 years of age.)	01/12/11; (11/23/10; 12/29/09 editions also accepted)
Refugee/Asylee Relative Petition	I-730	No fee	05/02/11. Previous editions accepted.
Petition to Remove the Conditions of Residence	I-751	$505. (Add $85 biometric fee for a total of $590, where applicable. See the form instructions for payment details.)	01/12/11. Previous editions accepted.
Application for Employment Authorization	I-765	$380	01/19/11; (11/23/10; 02/12/10; 8/19/09; 10/30/08; 10/16/08; 05/27/08 editions also accepted)
Application for Replacement of Northern Mariana Card	I-777	$15	11/19/10; Previous editions accepted.
Petition to Classify Convention Adoptee as an Immediate Relative	I-800	No fee is required for the first Form I-800 filed for a child on the basis of an approved Form I-800A. If more than one Form I-800 is filed during the approval period for different children, the fee is $720 for the second and each subsequent Form I-800. However, if the children are siblings before the proposed adoption, no additional filing fee is required.	11/23/10; (04/16/09; 09/10/09; 02/25/08 editions also accepted)
Application for Determination of Suitability to Adopt a Child from a Convention Country	I-800A	$720. (An $85 fee for biometrics is required for the applicant - and spouse, if any. Additionally, an $85 fee for biometrics is required for each person 18 years of age or older who is living with the applicant. See form instructions for additional details.)	11/23/10; (04/16/09; 09/10/09; 02/25/08 editions also accepted)
Application for Family Unity Benefits	I-817	$435. (An $85 per person fee for biometric services is required if you are 14 years of age or older.)	11/23/10; (04/21/10; 01/06/10; 02/03/09; 05/27/08 editions also accepted)
Application for Temporary Protected Status	I-821	$50 for first time applicants. There is no application fee for re-registration. An $85 per person fee for biometric services may be required.	11/23/10; (10/17/07 edition also accepted)
Application for Action on an Approved Application or Petition	I-824	$405	11/23/10; (07/20/10;12/11/09; 09/09/09; 08/25/08 editions also accepted)
Petition by Entrepreneur to Remove Conditions	I-829	$3,750. (Add $85 biometric fee for a total of $3,835. An additional biometric services fee of $85 must be paid for each conditional resident dependent, listed under Part 3 or Part 4 of Form I-829. See the form instructions for additional details.)	07/30/11. Previous editions accepted.
Inter-Agency Alien Witness and Informant Record	I-854	$0	05/13/10. Previous editions accepted.
Affidavit of Support Under Section 213A of the Act	I-864	Although USCIS does not charge a fee for this form, the Department of State does charge a fee when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad.	09/19/11. Previous editions accepted.
Contract Between Sponsor and Household Member	I-864A	$0	09/19/11. Previous editions accepted.
Affidavit of Support Under Section 213A of the Act	I-864EZ	Although USCIS does not charge a fee for this form, the Department of State does charge a fee when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad.	09/19/11. Previous editions accepted.
Poverty Guidelines	I-864P	$0	03/01/11. No previous edition accepted.
Intending Immigrant's Affidavit of Support Exemption	I-864W	Although USCIS does not charge a fee for this form, the Department of State does charge a fee when the Affidavit of Support is reviewed domestically. This does not apply when the Affidavit of Support is filed abroad.	09/19/11. Previous editions accepted.
Sponsor's Notice of Change of Address	I-865	$0	10/26/10
Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA))	I-881	$285. (All immediate family members who file their applications in a single package are eligible for the family filing fee of $570. An $85 per person fee for biometrics may be required. Exceptions apply, see form instructions for additional details.)	07/08/11; Previous editions accepted.
Application for Authorization to Issue Certification for Health Care Workers	I-905	$230	08/07/09. Previous editions accepted.
Request for Premium Processing Service	I-907	$1,225	11/23/10; (08/10/09 edition also accepted).
Request for Fee Waiver	I-912	$0	11/23/10
HHS Poverty Guidelines for Fee Waiver Request	I-912P	NA	05/01/11
Application for T Nonimmigrant Status	I-914	$0 (Biometrics services may be required at no cost to the applicant.)	02/01/11. 03/30/09 edition also accepted.
Petition for U Nonimmigrant Status	I-918	$0 (Biometrics services may be required at no cost to the applicant.)	11/23/10 (08/31/07 edition also accepted.)
Application For Regional Center Under the Immigrant Investor Pilot Program	I-924	$6,230	11/23/10
Supplement to Form I-924	I-924A	$0	11/23/10
Petition for Qualifying Family Member of a U-1 Nonimmigrant	I-929	$215	07/08/10. Previous editions accepted.
Monthly Report Naturalization Papers	N-4	$0	11/09/09. No previous edition accepted.
Application to File Declaration of Intention	N-300	$250	10/30/11
Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)	N-336	$650 Note: There is no fee for Form N-336 if filed on or after October 1, 2004, by an applicant who has filed an Application for Naturalization under sections 328 or 329 of the INA (i.e., who is a member or veteran of any branch of the United States Armed Forces) and whose application has been denied.	10/30/11
Application for Naturalization	N-400	$595 (Add $85 biometric fee for a total of $680, where applicable. See form instructions for payment details.) No fee is required for military applicants filing under Section 328 and 329 of the INA. Applicants 75 years of age or older are not charged a biometric fee.	06/17/11; (01/18/11; 11/23/10; 04/05/10; 01/15/10 and 01/22/09 editions also accepted)
Request for Certification of Military or Naval Service	N-426	$0	03/04/11; Previous editions accepted.
Application to Preserve Residence for Naturalization Purposes	N-470	$330	01/31/11. (11/23/10 and 01/06/10 editions also accepted.)
Application for Replacement Naturalization/Citizenship Document	N-565	$345	07/08/11. Previous editions accepted.
Application for Certificate of Citizenship	N-600	$600. ($550 if filing for an adopted child, see the form instructions for full payment information.)	10/30/11
Application for Citizenship and Issuance of Certificate Under Section 322	N-600K	$600. ($550 if filing for an adopted child, see the form instructions for full payment information.)	08/01/11
Application for Posthumous Citizenship	N-644	$0	09/15/11. Previous editions accepted.
Medical Certification for Disability Exceptions	N-648	$0	06/17/11. Previous editions not

First Steps Towards Immigration Status the K1 application

2011-10-29T06:52:00.000-07:00

If you are interested in information regarding the K1 Fiance visa and how it works please let us know. My wife and I recently went through the process and are currently on the final stages of updating her immigration status.

The USCIS takes its time and is pretty expensive.

The first thing you must know is that patience is a key to getting this done without problems.

So here are the steps that you must begin with:

First - find a list of all the requisite materials, such as taxes, documentation of relationship (pictures), bank statements, divorce decrees, birth certificates, etc....

Second - Start a checklist. Figure out which is the most important and hardest to come up with and get that information going first. For example, I needed to send a letter to my employer for verification of employment.

Third - Start creating a list of questions that your fiance will have to answer at the interview. We will be posting a list of possible questions soon.

If you have questions that need to be answered right away please leave a comment on this blog and we will get back to you as quick as possible.