Successful K1 Visa (I-129 f) Expedite Request
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
I had applied for H-1B extension on May 15, 2015 with I-94 card expiring on Aug 29,2015. Due to some emergency, I traveled to India in June and returned in July with new I-94 card expiring on Nov 2015. Now, it's been 6 months that I applied for extension, no response from USCIS. Will there be any problem since I filed my H-1B extension with old I-94. Do we need to amend my case with new I-94 card?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Discussion Topics, Sept 21, 2017
EB2 to EB1 conversion - F-1 to H-1B - L-1 to H-1B - Travel on H-1B - H-4 EAD - Fiancee Visa
The K-1 Fiancé (e) Visa allows foreign nationals, potential spouses of United States Citizens to enter the United States for the sole purpose of marriage.
The marriage between the foreign national and United States citizen must take place within ninety (90) days of entry into the United States. It should be noted that the actual visa expiration is insignificant as long as a foreign national has complied with the terms of the visa.
In order to be eligible for K-1 status, a foreign national must provide proof that:
If a person comes to United States with a K1 visa and the petitioner didn't marry him or her what happens to the beneficiary? Especially if the beneficiary is a victim of domestic violence and there is a minor child in between? Is there any change in the law that could benefit the victim?
Such person would be deportable unless they come under Violence Against Women Act (VAWA) or similar provisions.
My fiance came as k-1 and we got married within the 90 days but didn't file for AOS untile a few days before his I-94 expired? What will happen? will they still accept the application or what will we have to do next?
I think you will be fine. As I recall, the law only requires you to get married within 90 days. But confirm this information and do check with a lawyer as to whether you may travel or not while AOS is pending. This could be the only issue I can think of.
My boyfriend is a u.s citizen and we want to get married. The problem is that i came to mexico and i cant go back. I was wondering if there was any visa or anything that he can get for me to go back before i get my greencard. And how long and how much it takes to do the whole process.
You could look into a fiancee visa (K-1). It can take a few months.
I applied for a fiance visa and it has been approved but now sent to the NVC center to be processed, what are the next steps and do I need my fiance to get his passport and medical done now or should I wait for instructions? At this point I do not know what to do.
Wait for instructions from the NVC and then the consulate.
I want to apply for a K 1 visa for my fiance and her 10 year old child. What is the waiting period for this visa type, and what can I do to expedite the process.
The processing times can be determined from this page http://www.immigration.com/processing-times-and-status-checks. As to expedite, check with USCIS customer service if they have any recommendations.
Links to useful resources for Visa processing times and status checks.
My fiance and I have started the process with USCIS for a 129-f petition.Are paperwork was recieved on the 24th of March and it may take up to 5 months to complete our petition.My question is, my fiance is a Canadian and she has a son.we really want to have him start school in California in the city where I reside.We will have him registered in the same school as my son for the up coming 2010 school year.Is there anyway that they can come and stay while the petition is pending so he can start school?We have a home to sell in Canada and want to get that under way as well.
The only way I can think of is driving through from Canada. At the border, his situation should be explained to the CBP officers. It is their discretion to permit or not permit the entry.
I am married to a U.S. born citizen we just got married, is there a problem if I apply for the visa right after marriage? Do I have to leave the U.S? How long will it take to receive the visa?
I see no reason to wait. Bear in mind, if consulate receives your I-130 approval, they will not issue a K-3. They will ask you to wait for your green card.
What is the fastest way to have my fiance and her children join me here in the US. They are Mexican citizens and I am a US ciitizen. We want to get married. The question is, which process is faster for them to be able to join me here?
The fiance visa is, generally speaking, faster.
Can I petition my girlfriend once we get married in the philippines? What is the best way to petition her as soon as possible...
Yes you can. Normally, I prefer K-1 - marriage in USA route.
I needed more information On the k visa. My fiancé is recently in the country of Port-au-prince, Haiti. Additionally I wanted to know if I sign these paper's for him can I add his 5 year old daughter and his 21 year old cousin on the paper's. His cousin recently lost his mother and father during the earthquake. I'am an American citizen.
Daughter should be possible, cousin would not.
I was was born here in the USA. I am a widow. My boyfriend he is in India.
1.Does K1 Visa have any age differences, because I am 47 and my boyfriend is 25 he is single.. Does this make any problem.?
2.I have not met in person ?
3.I am not working, I am taking care of a person, and I have 3 kids, will marraige be a problem with kids?
4.Once I was caught for drinking and driving & paid the ticket, does this effect K-1 Visa ?
This will not be an easy K-1. First, the age difference is likely to viewed by the govt. as an indication of fraud. Second, you are required to meet - unless there are some extraordinary circumstances. Kids and drunk driving should not be an issue.
My boyfriend came into the USA legally with a work visa at the age of 18 but it expired and he stayed the next 5 years in the country illegally working as a waiter. We met a year ago and started dating and fell in love but he already had plans to move back to Brazil because he wanted to study and that wasn't possible here...and he left 3 months ago. Will we have issues applying for the K1 Visa since he was here for several years as an illegal immigrant?
It looks to me that he is subject to a 10-year bar from entering USA and would not get a K-1 visa. Please take an appointment with a lawyer and discuss your (only) option of getting a waiver.
How can I bring my fiancé to United States, can I apply for him by green card? I am not still a citizen.
There is no fiance visa for non-citizens, but look into the waiting times for spouses of green card holders. Those times are pretty good right now.
Discussion Topics, Thursday, October 14, 2021:
FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
How long is it taking for K-3 visa to get approved? If we moved the wedding to Jan 31st, is there a chance to get K-3 approved by July 31st? My sister's fiance is in India. She lives in Philadelphia (Vermont service center). I also hear K-3 is getting closed automatically because I-130 is approved. Is this true?
Once the I-130 is approved and consulate is notified of the approval, they will not issue a K-3. They expect us to wait for the green card approval.
We have an appointment set for the K-3 interview in Nairobi. Our I-130 Petition has been approved, IV fees payed and documents submitted. We have not seen each other since 12/08. If we go forward with K-3 processing, what are the negative consequences? Will my approved I-130 be cancelled?
In your case, a K-3 cannot be issued. You must wait for IV.
If an I-130 is approved, K-3 can still be approved if the consulate has not yet received OFFICIAL notice of approval of I-130. Note that your I-30 will NEVER be canceled.The recommended practice in K-3 cases is to indicate on the Form I-130 that the beneficiary will apply for AOS. Nevertheless, it is too late for that now. If they have received official notification, then an immigrant visa (green card will be issued) after processing locally. It should not take too much extra time.
May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?
One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.
In the E visa context, this is what the govt says:
Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)
Can You Do Business In the USA on Your Current Visa?
Hello, everyone. This is Rajiv S. Khanna for the Law Offices of Rajiv S. Khanna, P.C, immigration.com.
You can post comments and questions on immigration.com. I usually respond within three or four days, sometimes a week. I’m going to answer one of the questions someone asked us on immigration.com.
Can I start a business on an H-1 visa?
The bottom line is yes, as long as you are in a situation where, even though you are working for your own company, somebody in the company can file. It must be a true employer/employee relationship. How does that work? What if you have a board of directors or if you have a CEO to whom you report, even though you are a stockholder or maybe even you even have majority of stock in the company, but somebody in the company can file, you’re okay. USCIS has indicated that is their present stance. You must have an employer/employee relationship if you want to be able to start your own business on H-1.
In addition to that, remember H-1 is for a specific employer. So if you want to have a concurrent employment with your own company or you want to change companies and go over full time to your own company, you can do that, but you have to process a H-1, either a concurrent H-1 or a successive H-1. One of the things you need to remember is, if you own majority stock in the company, or if you have influence over the management of the company, it will be very difficult if not impossible for you to do a Green Card through PERM through your own company.
Where does that leave us? There’s a whole history behind this H-1. I won’t go through the history. USCIS has gone up and down. “You can do it.” “You cannot do it.” There is a whole history behind this. But the bottom line today is, you can do it, but it definitely requires some in-depth consulting with a lawyer. Make sure you are not getting into a situation which is going to hurt your stance.
Here is another question I get asked.
I have an EAD through 485. Can I now start my business?
Sure. On the side, you can, as long as you don’t leave your current job. But, remember, you will then no longer be on H-1. You will be on EAD if you start working for your own company.
I actually have a whole list of visas.
Can I do business on E-2?
Yes, of course. E-2 visas, which are treaty investor visas, are meant to do business. E-1, treaty trader, the same thing. But only a few countries in the world have a treaty with the United States to do E-1/E-2 visas, so you have to make sure that the country you come from has that.
If I’m here on a tourist visa or a B-1, which is called a business visa, can I do business?
The answer is, you can negotiate contracts, you can shake hands, and you can even set up a company, but, if you actively participate in business, you are violating the terms of B visa. B-1, which is the business visa, is a misnomer. You start thinking, I have business visa; maybe I can start a business. But you can’t do it on B-1.
Can I start a business on F-1 visa?
Of course not. You are a student.
What if I am on my optional practical training and I have my F-1 EAD?
Maybe, but only for the time you have the EAD. Again, that is something to be explored. Don’t just jump into it. Make sure you understand the ramifications of what you’re doing.
What about on a G visa?
On G-4, of course, the primary applicant of G-4 is engaged in working for a multinational organization such as the World Bank or the IMF. They cannot do business, but what about their dependents? I haven’t looked into it specifically. I suspect that they can, because they do get an EAD and that EAD is not confined to a specific purpose, but I would have to check on that. I’m just speaking off the top of my head. I was primarily answering the H-1 question, but I want to share with you what I know. So, G-4, probably yes.
H-4? Absolutely not.
H-1? As long as you can be fired.
I visa? No.
J-2 visa? Yes, as long as you have an EAD.
K visa? K visas are all work authorized, so, yes, you can do business.
L-1? No, because you’re working for a company.
L-2? Yes, because you get an EAD.
M Visa? No.
I went through the whole gamut, just to give you a rough idea; more so, to sensitize you to who can and who cannot do business.
Thank you for listening.
Mr. Rajiv Khanna is the best immigration lawyer that I have ever worked with. He has dealt with in a kind, compassionate, and professional way the numerous queries I asked him. His advise to me was invaluable and I strongly recommend him to any one who has an immigration issue. K.R.Shankaran Brandon