Friday

Fast-Track Spouse Visa Approval in NY Halted

The New York District Citizenship and Immigration System (CIS) ended Jan. 27 its pilot processing program for spouses of U.S. citizens.

That means most U.S. citizen spouse cases filed in December will go through regular processing and waiting period of 18 months to two years from the date of filing for interviews.

Cases already scheduled for interviews through March 29, 2005, will still be processed under the old program.

The New York CIS, before the new ruling, tried to interview applicants within 90 days, and decide cases at those interviews, granting permanent residence in approvable cases on the spot.

Matthew Dunn, chairman of the American Immigration Lawyers Association, New York Chapter, was quoted in a report that New York CIS ended that program without a warning.

For thousands of applicants, the end of the pilot program is a big disappointment, particularly to those who filed duplicate applications and paid additional fees just to qualify for the program.

Disappointed, too, are the new applicants hoping to get permanent residence quickly without having to file employment authorization or work permission.

With the new ruling, immigration lawyers say it would mean more work for CIS and more expense for applicants.

Anthony D. Advincula Feb 17, 2005

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Love and U.S. Visas--What You Should Know

Love strikes when you least expect it.

Ryan was on a two-week vacation in the Philippines when he met Carol.

They went to Boracay Beach and got acquainted. They fell in love. Ryan had to return to the United States to resume his employment, but could not get Carol off his mind and heart. Over their email correspondence, Ryan finally proposed marriage to Carol.

Without hesitation, Carol agreed to the engagement but wanted to see if they were meant for each other. No rush to marry. But there is an immediate desire to be together. The best route Ryan was told was a fiancé visa.

The fiancé(e) of a U.S. citizen petitioner may enter the U.S. on a K-1 nonimmigrant visa category. This visa will allow the fiancé(e) to enter the U.S. for a 90-day period to marry the petitioner and apply for green card or permanent residence status.

The pertinent immigration provisions require evidence with the petition for fiancé visa that the (1) parties have previously met in person within two years of the date of filing the petition, unless a waiver is granted; (2) they have a bona-fide intention to marry; and (3) they are legally able and actually willing to conclude a valid marriage in the U.S. within 90 days after the fiancé s arrival.

PHYSICAL MEETING

While high technology allows people to communicate and meet through cyberspace, the immigration provisions for fiancé visas do not allow the granting of visas for those who have not met physically.

This will prevent the proliferation of mail- or email-order brides. However, because of this requirement, it is best that the fiancé meet with his/her future spouse physically at least within the two years of the date of the filing of the petition.

For those who had initially met in their high school days and reconnected through the Internet, the petition for fiancé visa is not going to be approved if they have not met physically in the last two years from the date of the filing of the petition. There is no minimum number of times the fiancé must have met with the U.S. citizen petitioner.

This previous physical meeting may be waived if compliance would result in extreme hardship to the U.S. citizen petitioner, or if it violates strict and long-established customs of the beneficiary’s foreign culture or social practice.

MARRYING THE FIANCÉ

Both the U.S. citizen petitioner and the fiancé must be free to marry and must enter into a valid marriage within 90 days immediately following the fiancé s entry into the U.S.

As soon as the fiancé receives her/his nonimmigrant visa from the consul at a U.S. embassy abroad, the excitement of entering into a valid marriage must be contained. There are important time frames to observe in entering into a marriage after the K1 visa is issued.

Both parties must not marry before the fiancé enters the U.S. with a K1 visa. If the marriage occurs after issuance of the fiancé visa and before entering the U.S., then the fiancé may not be allowed to enter the U.S. and may be rendered inadmissible.

A fiancé cannot be classified for a fiancé nonimmigrant visa if he/she and the petitioner already married. If marriage occurred, the right visa will be a K3 nonimmigrant visa. This will require a prior filing of a form I-130.
On the other hand, as soon as the fiancé enters the U.S., he/she should marry the U.S. citizen petitioner within 90 days from entry in order that she may get her green card.

If the relationship turns sour, both may not be compelled to marry each other against their will – the fiancé visa holder will have to return to his/her country of nationality or risk falling out of status.

Fiancé visa petition for Carol was filed right away and in two months it was approved. The visa interview for Carol was in January 2005 and she was issued a fiancé visa. She is coming to the U.S. to join her fiancé.

With everyday communication through cyberspace, the relationship keeps growing stronger. They are now planning a civil wedding within 90 days from Carol’s arrival and a grand wedding in San Francisco at the St Mary’s Cathedral in July 2005.


Lourdes Santos Tancinco, Feb 14, 2005
The author is a partner at the Tancinco Law Offices, a San Francisco-based law firm. She may be reached at lou@tancinco.com.



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