K1 Fiancé(e) Visa

Demand for Permanent Residence in the United States – Unfortunately Supply is Outpaced by Demand!

There was a recent article from the New York Times entitled “Wary of Future, Professionals Leave China in Record Numbers”    The gist of the article is that Chinese professionals are leaving China due to their concern over the Chinese government’s communist policies and leaving for Western countries such as the U.S., Australia, and India.  The article stated that in 2011,” the United States received 87,000 permanent residents from China, up from 70,000 the year before. Chinese immigrants are driving real estate booms in places as varied as Midtown Manhattan, where some enterprising agents are learning Mandarin, to the Mediterranean island of Cyprus, which offers a route to a European Union passport.”

I definitely agree with the economic catalyst that immigration from overseas professionals provides to the United States.  Clearly the professionals from China contribute a great deal to their communities in terms of economic benefits, skilled labor, and in social diversity.  The problem in my opinion and experience as an Immigration Lawyer, is that the U.S.Continue reading...

Posted in E Visa, EB-5 Investor Green Card, Family based Green Card, H1B Specialty Worker Visa, Immigration Lawyer Blog, K1 Fiancé(e) Visa, Marriage Based Green Card | Tagged , , , , , , |

Same Sex Marriage = Marriage Green Card or Fiancé Green Card?

Gay Marriage Green Card

Update: The U.S. Supreme Court recently overturned the 1996 Defense of Marriage Act, also known as DOMA.

One of the perks of being a Chicago Immigration Lawyer or an Immigration Lawyer in general is meeting people of all walks of life.  We work with clients on their immigration matters from not only Chicago, but around the U.S. and the world and we get to work on some of the most interesting issues.  A challenging part is that the U.S. Immigration Laws are not sufficient to deal with the many inquiries we receive.  One common question we regularly receive is on the topic of gay marriage.  The question that generally arises is “I married my partner overseas or in California…etc, can we file a Marriage Green Card Application?”  The simple answer unfortunately is no.  The not so simple answer is, even though some states recognize same sex marriage, the U.S. government does not.  Immigration Law is Federal, meaning state laws are not controlling but rather U.S.… Continue reading...

Posted in Immigration Lawyer Blog, K1 Fiancé(e) Visa, Marriage Based Green Card, Same sex marriage | Tagged , , , |

Is a K1 fiancée visa the same as a green card?

What is a K1 fiancée visa?
This is a question that causes a lot of confusion.  The answer is no.  However, a fiancée visa can quickly lead to a permanent residency (green card).  A fiancée visa (K-1 visa) enables a US Citizen to bring an overseas fiancée to the United States so that the couple can get married.  The sole purpose of the visa is to get married in the US.  The marriage must take place within 90 days of the overseas fiancée entering the United States.  If the marriage does not take place within 90 days, the fiancée must leave the United States and visa extensions are not granted to the K1 visa.  The good news is once the marriage takes places within the 90 days, the overseas fiancée can and should apply for a green card if the couple intends on living in the United States.  Once the green card application is issued, it will be on a conditional basis for two years.  After the two years is up and the couple is still married and together, the condition can be removed jointly through application.   If the couple is not married anymore or is divorced, it becomes very complicated.  It seems straightforward enough, but frequently it is not.… Continue reading...

Posted in K1 Fiancé(e) Visa, Marriage Based Green Card, Removal of Conditions | Tagged , , |

Should We Apply for a Marriage Visa (K3), Immigrant Visa, Fiance Visa (K1), or Marriage Green Card & Adjustment of Status?

A common question we hear is, “what should we do, should we apply for a k1 fiance visa, k3 marriage visa, an Immigrant Visa, or marriage green card adjustment of status?” Our common response is, it depends on your individual circumstances. The first factor is under immigration law what the client’s are eligible for. For example, is the beneficiary in the United States on a valid visa, have they accrued unlawful presence, is the US Citizen overseas or in the US. This is the most important question so as to determine what the clients are eligible for. The second factor is when and where do the clients want to get married? If the fiancé is overseas, and they can wait the 6 to 12 months for the case to be adjudicated, then the answer is a fiancé visa is the appropriate visa. Alternatively, is the fiancé in the US on a valid visa such as a student visa or h1b visa?… Continue reading...

Posted in Adjustment of Status Application, K1 Fiancé(e) Visa, Marriage Based Green Card | Tagged , , , , |