Category Archives: Nonimmigrant Visa

Immigration Insider articles in this category include information about obtaining and maintaining U.S. nonimmigrant visas. Nonimmigrant visas include temporary visas such as visitors (B1/B2), employment (H1-B), and student (F-1).

Fiancé Visa Interview Questions: What K-1 Visa Applicants Can Expect

K1 Fiance Visa Interview QuestionsAn interview is an essential part of obtaining virtually any nonimmigrant visa for entry to the United States. But K-1 fiancé visa interview questions dive deeper into your history and intentions. They can even seem a little personal. And that’s a little scary.

It’s natural to be anxious about your K-1 interview. If you are prepared and know your fiancé well, you’ll find that the fiancé visa interview questions are actually very simple to answer. The K-1 questions will focus on your relationship with the U.S. citizen fiancé, but there’s no reason to fear the interview if you have a genuine relationship. Continue reading

4 Actions To Reduce Your Taxes When Moving to the U.S.

immigration taxesIf you’ve already moved to the United States or if you are planning to move to the U.S., there are actions you can take to get your tax affairs in order. It’s important to plan your finances before you become liable for U.S. taxes or find the U.S. trying to tax your worldwide income.

If you’re planning to stay in the United States for an extended period, it’s best to know what your tax status would be and plan accordingly. If you are planning to immigrate, Continue reading

Special Considerations for TN Professionals Who Adjust Status

tn visa adjustment of statusTN visa status allows Canadian or Mexican professionals within a certain set of occupations to work in the United States. It’s a nonimmigrant status that can be continually renewed. Because many TN professionals live and work in the United States for many years, they often end up meeting a future spouse in the United States. Once married to a U.S. citizen or permanent resident spouse, TN professionals may generally apply for permanent residence (green card). Although TN visa holders may adjust status to permanent resident, there are some special considerations that should be reviewed before applying. Continue reading

3 Things You Need To Know About Taxes Before Moving To The U.S.

tax resident status in united statesWhether you are a temporary nonresident alien in the United States or you’re planning to move to the U.S. permanently, there are actions you can take to get your tax affairs in order. It’s important to know your tax resident status and what specific tax obligations some with your situation.

Planning your finances before you become liable for U.S. taxes or find the U.S. trying to tax your worldwide income can save you a significant amount of money. Continue reading

K-1 Visa Interview Checklist

How to Prepare and What to Take to the K-1 Visa Interview

K-1 Visa Interview ChecklistAlthough the K-1 visa is a nonimmigrant visa, the interview and requirements are slightly different that typical nonimmigrant visas. A K-1 fiancé visa permits the holder to permanently immigrate to the U.S. Therefore, the fiancé must meet some of the requirements of an immigrant visa. Our K-1 visa interview checklist will help you prepare for this important day.

Use CitizenPath to prepare the Fiancé Visa Petition Package. Our software will help you prepare Form I-129F, Petition for Alien Fiancé, and instruct you on the supporting documents to submit with it. While you await approval, Continue reading

Biggest Mistakes in the K-1 Visa Process

Mistakes in the K-1 Visa ProcessThe K-1 fiancé visa is one of the most requested U.S. visas. The U.S. Department of State issues the K-1 to the foreign national fiancés of U.S. citizens for the purpose of entering the United States for marriage. Once married, the foreign national may adjustment status to permanent resident (green card holder). However, mistakes in the K-1 visa process can ruin those plans. Minor oversights may only delay the process, but other mistakes can create long-term immigration problems.

Although most visa requests are granted, it’s good to know the common pitfalls that caused problems for others. We’ve outlined five of the biggest mistakes in the K-1 visa process. Before preparing Form I-129F, Petition for Alien Fiancé, review these avoidable problems. Continue reading

Getting Ready for the Marriage-Based Adjustment of Status Interview

Marriage-based adjustment of status interviewA foreign national spouse of a U.S. citizen who is also inside the United States can generally apply for a green card without leaving the U.S. This process, known as adjustment of status, concludes with an interview. U.S. Citizenship and Immigration Services (USCIS) interviews virtually every applicant for a marriage-based green card. Upon completion of a successful marriage-based adjustment of status interview, the applicant will generally become a permanent resident (green card holder). Every couple should prepare for this interview. Knowing what to expect, what items to take, and how to respond to questions will improve your chances of a quick approval. Continue reading

Adjustment of Status for Visa Waiver Program Entrants

Adjustment of Status for Visa Waiver Program EntrantsAs a general rule, foreign nationals who enter the United States through the Visa Waiver Program (VWP) may not adjust status to permanent resident (green card holder). Specifically, a foreign national admitted as a nonimmigrant without a visa under a Visa Waiver Program is barred from adjustment of status. But there is an exception for immediate relatives and VAWA-based applicants. Adjustment of status for Visa Waiver Program entrants is possible for immediate relatives of U.S. citizens. These bars also do not apply to those applying under the federal Violence Against Women Act (VAWA).

Immediate relatives have tremendous privileges and allowances under U.S. immigration law. As such, adjustment of status for visa waiver program entrants is special benefit available to immediate relatives. Continue reading

Form I-485 Denial from Bars to Adjustment

Form I-485 DenialImmigration law (INA §245) allows certain foreign nationals who are physically present in the United States to adjust status to permanent resident (green card holder). A foreign national may not be eligible to file Form I-485, Application to Adjust Status, if one or more bars to adjustment applies. Bars to adjustment of status are rules that exclude certain individuals that have committed a particular act or violation. They are factors that can disqualify an applicant. Many applicants get a Form I-485 denial as a result of bars they didn’t realize existed.

Some of the most common statutory bars to adjustment that result in I-485 denials include:

  • Unlawful status
  • Failure to maintain status
  • Unauthorized employment

Continue reading

Dual Intent Visas

dual intent visas for nonimmigrantsA dual intent visa allows foreign nationals to be temporarily present in the United States with the known intention of possibly immigrating to the U.S. permanently. That’s significant because most temporary visas require that the visitor intend to return home. Thus, attempting to adjust status to permanent resident with other nonimmigrant visas can potentially trigger severe, long-term immigration problems.

Most people will find it difficult to qualify for a U.S. nonimmigrant visa, such as a visitor visa, if there is any evidence of immigrant intent—a past intent, an intent to seek to immigrate during this trip to the U.S., an intent to immigrate to the U.S. in the future, or even a hope to immigrate in the future. The applicant must establish nonimmigrant intent. Continue reading