Removal of Conditions

Celebrity Immigration 101 – Divorce, EB1 Green Card, O-1 Visa

Russell Brand and Katy Perry’s current divorce and hypothetical effects on Russell Brand’s immigration status.  As we all know, Katy Perry is a famous pop singer and to my knowledge a US Citizen.  Russell Brand is an actor and comedian from England who married Katy Perry in October 2010.  The marriage attracted quite a bit of publicity as they are both young and famous in their own right and in their own country – United States and Britain.  So based on Russel Brand’s background as a foreign national in the United States, what immigration options does he possibly have?

EB1 Extraordinary Ability Green Card
Let’s assume that Russell did not file for a National Interest Waiver or EB1 based on Extraordinary Ability.  Whether Russell’s past performances are “extraordinary” is debatable.  However, as an immigration lawyer that works on all type of employment and family based immigration cases, I am confident of getting his EB1 Extraordinary Ability approved.… Continue reading...

Posted in Adjustment of Status Application, EB1 Extraordinary Ability, Immigration Lawyer Blog, Marriage Based Green Card, Removal of Conditions | 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 , , |