Tag Archives: I-129F

Form I-129F (Petition for Alien Fiance) posts in the CitizenPath immigration blog.

Marriage to a U.S. Citizen After a Visa Overstay

Marriage to a U.S. Citizen After a Visa OverstayThe questions vary from, “Can I stay in the U.S. after a visa overstay and marriage to a U.S. citizen?” to “What happens if my visa expires and I’m married?” These questions are concerned with obtaining a legal status in the United States despite a period of unlawful presence.

Spouses of U.S. citizens do have special immigration privileges. They benefit from certain provisions in the law that are favorable in cases where the intending immigrant has overstayed a visa. But it’s important Continue reading

K-1 Visa Interview ChecklistHow 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

U.S. Taxes and Immigration Consequences

U.S. Taxes and Immigration ConsequencesFor immigrants arriving to the United States, the American tax system can be a very new and confusing concept. In fact, the U.S. tax system is so complex that most natural-born Americans have difficulty filing each year. As a general rule, U.S. tax law applies to you if you live in the United States or spend a significant amount of time here.

In the United States everyone with income above certain levels is expected to file a tax return. That’s not true in all countries around the world. In many countries, the government withholds taxes from paychecks, and the individual never has to directly file an income tax return. The Internal Revenue Service (IRS) is the U.S. agency responsible for collecting taxes.

Whether you are a lawful permanent resident or an undocumented immigrant, it’s important that you get a basic understanding of your tax filing obligations. 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

Fiancé Visa or Marriage Visa: Which is Better?

Which is the Best Way to Get a Marriage-Based Green Card?

k-1 fiancé visa or marriage visa for green cardWhen a U.S. citizen marries a foreign citizen, there are fundamentally two different ways for the foreign citizen to immigrate to the United States and obtain a green card. The choice — a fiancé visa or marriage visa — can cause confusion for many couples. Each has its own benefits. So what’s best for one couple may not be ideal for another couple’s situation. In making your decision, you’ll need to consider speed of the process, cost, as well as other factors.

Fiancé Visa

The fiancé visa (aka K-1 visa) is a nonimmigrant visa obtained by the foreign fiancé to travel to the U.S. for the purpose of getting married in the U.S. and then adjusting status to a permanent resident (green card holder).

Marriage Visa

The marriage visa (aka CR-1 or IR-1 visa) is an immigrant visa obtained by the foreign spouse while in the foreign country after marriage for the purpose of immigrating to the U.S. to live permanently with the spouse.

Deciding on the fiancé visa or marriage visa is a personal decision. So, the best path for you depends on your specific situation. However, for many couples, the speed of the immigration process is an important factor. Continue reading

Adjustment of Status Through a K-1 Visa Entry

Adjustment of Status through a K-1 Visa EntryThe K-1 visa is for the fiancé of a U.S. citizen to come to the United States for the purpose of marriage. If you entered the U.S. on a K-1 visa, you have 90 days to marry the U.S. citizen from the date of entry. A K-1 visa does not allow the foreign national to stay in the United States for more than 90 days – it can’t be extended. Once married, the foreign national has the option of staying in the United States if he or she files an application for adjustment of status through a K-1 visa entry.

Adjustment of status to permanent resident is an exclusive process to apply for a green card reserved for certain intending immigrants that are physically present in the United States. A K-1 visa holder who has married his or her U.S. citizen fiancé is generally eligible. Continue reading

K3 Visa Process: Just a Mirage?

K3 Visa ProcessThe K3 visa process was designed to help shorten the physical separation between a foreign citizen and his or her U.S. citizen spouse. It’s the perfect solution for many couples that want to move to the United States together without an extended separation associated with the immigration process. In practice, the K3 visa process is rarely used. While it remains a component of immigration law, most couples have a tough time obtaining one.
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Form I-864 Affidavit of Support: Top 7 Questions

Form I-864, Affidavit of Support QuestionsEven many immigration lawyers consider Form I-864, Affidavit of Support, to be one of the most confusing immigration forms. It’s a little like combining the financials of a tax return with the complexity of an immigration form. In fact, that’s basically what it is. The stakes are high. If the sponsor does not qualify, U.S. Citizenship and Immigration Services (USCIS) will not issue the intending immigrant permanent residence (green card).

When a foreign national applies for permanent residence in the United States, immigration officials are obligated in most cases to make sure that the intending immigrant has adequate means of financial support and is not likely to become a public charge. USCIS requires Form I-864, Affidavit of Support, for most family-based applications and some employment-based applications. It’s a contract between a sponsor and the U.S. government, in which the sponsor promises to support the intending immigrant if he or she is unable to do so on their own. It’s a back-up plan in case the immigrant has financial problems. Continue reading

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