Posts Tagged ‘Fiance Visa’

After Issuance: What Do the Dates on the K1 Visa Mean?

Sunday, December 6th, 2009
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This article is designed to inform readers about the issues surrounding issuance of a K1 visa for a Thai fiancee. All over the world wide web there are websites which claim expertise in US Visas from Thailand. The intention of this piece is to simply provide information and insight.

The process of obtaining the K1 is time consuming and can cause frustration. In many cases, a couple will wait five or six months before being granted preliminary approval from the United States Citizenship and Immigration Service. In Thai K1 visa cases, after approval, the application is sent from the National Visa Center to the US Embassy Bangkok. For many, this process can be aggravating. In a large number of instances, the wait eventually ends and the visa application is approved.

Once the visa is issued, some American Citizen fiances become concerned about the information and dates noted on the visa itself. A major source of anxiety for some is the note on the visa which says, “K1 Petition Expires Month Day, Year.” Many American Citizens mistakenly believe that this is the end of the visa’s validity. As a practical matter, the visa is valid for going to the USA until its expiration. Generally, K1 visas are issued with a six month validity period. These documents could be distributed with a different validity period because that decision is left to the Consular Officer.

The date of the visa’s expiry can be confusing for some. The K1 visa is valid for six months after issuance. That being said, upon arriving in the United States and being admitted at the port of entry the K1 visa holder is only entitled to 90 days presence in the United States (it should be noted that if the visa holder does, in fact, marry the American and apply for adjustment of status, then she would be entitled to remain indefinitely provided the adjustment of status is approved and any conditions are lifted). Many people, after receiving the K1 visa, are confused by these differing dates. The important thing to bear in mind about the K1 visa is that it can be utilized within 6 months of its issuance and it provides 90 days of lawful status to the bearer upon entry. If the parties do not get married in 90 days, then the K1 visa holder must leave the USA before the visa expires.


American Visa Law: Form G-28

Friday, December 4th, 2009
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As of the day of this writing, USCIS is issuing a new G28 (Notice of Attorney Appearance) form. This document is used to signal the presence of an attorney in a case pending before the DHS (Department of Homeland Security).

United States Citizens meet, date, and form relationships with those from nations outside the USA. Therefore, a significant number of American Immigration applications are presented to the Department of Homeland Security (DHS). In many cases, the petitioner and beneficiary opt to deal with their immigration matter without counsel, in these situations a G-28 is not necessary. A G-28 is a method of informing the United States government that an accredited representative is entering an appearance in the case, it is generally presented by a United States attorney.

A major difference between the new version of the G28 and the old version is that the new form requires the attorney to signal the US agency involved in the matter. If the situation involves an issue with the CBP (Customs and Border Protection), then the lawyer will tick the box on the G-28 denoting said agency. If the attorney is representing a client who has had been apprehended by the agency known as Immigration and Customs Enforcement (ICE), then he or she will be required to indicate that the G28 is submitted in connection with a pending matter before ICE.

In situations where a G-28 is submitted, it is common for USCIS to send the attorney of record duplicate copies of all correspondence between the Service and the Petitioner. Further, should the US Embassy correspond with the Beneficiary, in some cases, the US attorney will be copied in on the correspondence.

A G-28 is a way of ascertaining whether one is dealing with a licensed lawyer as only a licensed lawyer is entitled to take payment in compensation for representing a client before US Immigration agencies. Further, the current G28 form requires the attorney to disclose their state of license and bar number. One should not feel embarrassed to ask for a copy of an attorney’s credentials. Any United States Immigration practitioner who is unable to produce some sort of license (state bar license, state Supreme Court license, Federal Court license, etc.) should be viewed with caution.

To learn more please see: k1 visa. Please see k1 visa process for more on getting a visa to the USA.