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K-1 Visa (Engaged) As a fiance of an American citizen you are eligible for the K1 fiance visa if you are: 1.Lawfully qualified to marry under the laws.

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Presentation on theme: "K-1 Visa (Engaged) As a fiance of an American citizen you are eligible for the K1 fiance visa if you are: 1.Lawfully qualified to marry under the laws."— Presentation transcript:

1 K-1 Visa (Engaged) As a fiance of an American citizen you are eligible for the K1 fiance visa if you are: 1.Lawfully qualified to marry under the laws of your nation as well as the laws of the USA 2.Planning to marry the petitioning U.S. citizen within 90 days of your entering 3.Entering the U.S. solely to marry the U.S. citizen Limitations of K1 fiance Visa: A K-1 status holder is not allowed to change or adjust to any other nonimmigrant visa status while he or she is in the U.S. Fiances can not use their K-1 visas to enter the country if they have been temporarily barred from entering into the U.S. for previous violation of US immigration law.

2 K-1 Visa (Engaged) Forms Required I-129F, G-325A (for petitioner & beneficiary) and G-28 Documents Required Signed statement from both parties that they plan to marry within 90 days Evidence of petitioner’s U.S. citizenship Proof of legal termination of all prior marriages A recent passport style photo for each person Photos, Airline Tickets, Telephone Bills, Passport Stamps of Entry/Exit to sow parties met within the last 2 years

3 K-3 Visa (Married) Allows spouse of a U.S. Citizen to enter the U.S In order to qualify for K-3 visa, you must: be a foreign national spouse of a U.S. citizen with a family based I-130 immigration petition filed by the U.S. citizen spouse. demonstrate that the marriage to the U.S. citizen is valid. be awaiting to immigrate to the U.S. K-3 Generally K3 visas normally have shorter waiting periods as compared to K-1 fiance visa. K3 visa holders are able to apply for adjustment of status for green card With a K-3 Visa, you are permitted to accept employment in the U.S. by obtaining an employment authorization document The children of K3 visa applicant are allowed to stay in the U.S. on the K- 4 dependent visa only if he/she is (1) less than 21 years old; (2) unmarried; (3) seeking to immigrate to the U.S.

4 K-3 Visa (Married) Forms Required I-485, I-130 Receipt, I-129, G-28 Documents Required Proof of U.S. citizenship of petitioning U.S. citizen; Proof of termination of prior marriages; Marriage certificate & birth certificate of children; Photocopy of receipt of I-130

5 The V Visa Allows a beneficiary of a LPR, who has an approved petition, but has not received his or her Visa to enter the U.S. because of USCIS backlogs. I-130 Petition must have been filed prior to December 21, 2000 and pending for 3 or more years. Forms Required: I-539 with Supplement A Documents Required: Photocopy of Petitioner’s LPR card Marriage Certificate (Spouse)/Birth Certificate (Child) Photocopy of I-130 Receipt Form I-693 Medical Examination Photocopy of Form I-797C showing USCIS receipt of I-130 before 12.21.00

6 First Worker Preference EB-1: Priority Workers Extraordinary Ability in Sciences, Arts, Education, Business or Athletics: The alien may self-petition; no job offer is required Applicant must show receipt of a major award (EX: Nobel Prize) Exceptions to the “major award” rule Outstanding Professors & Researchers Individual must be recognized internationally as being outstanding in a specific academic field Has 3 years of experience in teaching or research in the field Seeking to work at tenure tracked teaching or research position at a university or a comparable position with a private employer. Alien must have a job offer.

7 First Worker Preference EB-1: Priority Workers Continued International Executives & Managers Applies to executives, managers, and employees of foreign companies or affiliates who are transferred to the U.S. Alien must have been employed for at least 1 year prior to filing the application in the 3 years preceding the time of his/her application Alien must seek to enter the U.S. to continue to render services to the same employer in a managerial/executive capacity. Evidence Required from U.S. Entity Generally—proof of ability to do business in U.S.; wage and financial information; Articles of incorporation; contracts and/or sales Receipts (The L Visa/Class 6) Evidenced Required from Foreign Entity Generally—financial records, Articles of Incorporation, Proof of the Business (invoices, brochures, etc), Detailed Description of company’s activities in the home country & in the U.S. Employee Duty List

8 Second Preference EB-2 Professionals with Advanced Degrees or Exceptional Ability Aliens who are (1) members of professions with advanced degrees or (2) the working equivalent of the degree or (3) aliens of exceptional ability There is no job offer requirement; labor certification is waived if the position is in the national interest of the U.S. The alien must seek work in an area of “substantial merit”; the work must have a benefit that is “national” in scope; the beneficiary must serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications. Requirements: 3 of the following 1.Proof of university degree relating to an area of exceptional ability 2.Employer letter stating employee has 10 years of experience in the field 3.Professional License in the area 4.Proof that alien has commanded a salary that shows exceptional ability 5.Evidence of memberships in professional organizations 6.Evidence of recognition of achievement or contribution to the field 7.Other comparable Evidence

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