Fiancee Visa Blog

The USCIS made an announcement this past week on their website to the effect that only the most recent edition of the Petition for Alien Fiancee (the 07/30/07 edition) could be used for newly filed petitions.

This announcement sent something of a shock wave to the many petitioners who had used, and relied upon, the November 2006 form for the I-129(f).

It can really help to have an AILA attorney representing you in your fiancee visa petition process. Would a "document service" or non-attorney "visa mill" track these USCIS statements and analyze developments in the field of fiancee visa law, on a day to day, week to week basis?

In the end, the USCIS revised its website to state that the 11/06 edition would still be accepted for new filings, correcting the earlier statement.

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Having an attorney represent you in your fiancee visa petition can provide many possible upsides, including the fact that lawyers who are members of AILA stay up to the minute current on new developments in the law concerning the fiancee visa. How many visa "mills" and unlicensed "providers" know about critical new changes in the law, or even the upcoming (July 30) address changes for direct filing of fiancee visa petitions?

Beginning on or after August 29, 2007, USCIS will reject any of the forms that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.

---------USCIS------Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e)

Form I-129F, Petition for Alien Fiancé(e)
Effective July 30, 2007

If You are a U.S. citizen and You are filing a K-1 petition for your fiancé(e) and you live in:

Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Nevada Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin and Wyoming.

USCIS
California Service Center
P.O. Box 10130
Laguna Niguel, CA 92607-0130

You are filing a K-1 petition for your fiancé(e)and you live in:

Alabama, Arkansas, Connecticut, Delaware,Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts,Mississippi, New Hampshire, New Jersey, New Mexico, New York,North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia, and the District of Columbia.

USCIS
Vermont Service Center
Attn: I-129F
75 Lower Welden Street
St. Albans, VT 05479-0001

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It is always a good feeling when I submit my Notice to Kyiv or Moscow of my appearance, representing my client in their fiancee visa case. It's the first act in the process of filing the petition for the fiancee visa, letting the consular division know that I will be appearing for the petitioner, and: Помощь для вашей возлюбленной !

The form is described by USCIS below:

Form G-28, Notice of Entry of Appearance as Attorney or Representative

Purpose of Form:
This form is used to provide the USCIS with a notice that an attorney will appear in front of the USCIS on behalf on an individual involved in a matter.

Do you absolutely have to have an attorney represent you in your fiancee visa petition? No. A competent fiancee visa attorney will, however, ensure that your petition will be properly and professionally prepared, that your and your fiancee's supporting documents are carefully assembled, and that all important steps in her preparation for the interview are completed.

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From John Kunkle's very informative site, Russian-Luv.com:

"Russian attitudes toward gift giving. Gift giving is an old Russian tradition. When you are invited to dinner bring flowers or a bottle of wine. Arriving empty handed is considered bad taste.

You should have small gifts for all family members you are visiting, especially children. I brought little hand held electronic games for the children of the women I visited.

American cigarettes and whiskey are excellent choices for men who smoke or drink. Quality perfume from the duty free shops is an excellent choice for the women.

For your intended, flowers are number one – especially red roses. Don’t forget to get an odd number of flowers in the bouquet.

Secondly, gold jewelry with diamonds, such as a necklace or bracelet is a good choice. They don’t have to be expensive for her to appreciate them.

Don’t throw a lot of money around or buy her expensive gifts. If she didn’t ask for it, it will make her feel uncomfortable and if she does ask for it, she isn’t the right girl.

That is not to say that you should not buy her anything. Just don’t try to buy her love."

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Some of my clients have asked my advice about attending the Consular Interview in Kyiv or Moscow. Is it a good idea? Will being at the interview with my fiancee be helpful? Is it possible that I will need to answer a question?

The answer to the above is...a qualified yes. It can be a big positive for the petitioner to attend the consular interview, even if it turns out that the man's presence was not actually needed during the interview. While I do not believe that it is a necessity to attend, it is something to be considered. With my practice, there has been attention to education, the documentation, and the preparation. The fiancee beneficiary arrives for the interview fully ready and prepared. All means and methods for success are employed.

Still, why be there with your fiancee? Well, as of 2007, the consular interiews have become more complicated. IMBRA has affected the factors that the consular officers review in determining whether to deny a fiancee visa petiton, or approve it.

If you can afford to make the trip, and can envision celebrating the K1 visa with your fiancee the day it is received in her homeland, then by all means, make the trip. Your beloved will welcome this gesture, and these days, every effort made to reinforce in the officer's mind your serious intentions is a plus.

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It has been my experience that some clients have issues that may require a waiver of application of the new IMBRA requirements. At least one recent caller needed information about his history of a domestic violence conviction, that came about during his divorce.

I have represented clients involved in domestic violence issues. As a former DV prosecutor, I take domestic violence issues seriously. There are occasions, however, when men have been wrongfully accused of DV in a divorce, or have had Orders of Protection wrongfully taken out against them during the initial stages of a contested divorce and custody case. Men who have these issues have a right to have them explained carefully and correctly, so that no adverse inference is drawn by a USCIS adjudicator.

Each case is different, and every man deserves to have the circumstances of his own case balanced against the well-intended spirit of IMBRA. See the language from the USCIS, below, discussing IMBRA filing limitations:

Filing Limitations

IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver.

1. General Waiver

The adjudicator may, in his or her discretion, waive the applicable time and/or numerical limitations if justification exists for such a waiver, except where the petitioner has a history of violent criminal offenses against a person or persons. The petitioner may request a waiver by attaching a signed and dated letter, requesting the waiver and explaining why a waiver would be appropriate in his or her circumstances, together with any evidence in support of the waiver request.

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As part of a 2006 law know as the "Adam Walsh Child Protection and Safety Act" (Adam Walsh Act), there will be some petitioners who will be ineligible and unable to successfully bring their fiancees (and the fiancee's children) to the United States.

The Adam Walsh Act will impact the cases for which the Form I-129F (Petition for Fiancée) is filed. Some fiancee visa petitioners will now be reviewed to see whether there is any criminal history related to child sexual offenses in their past. This legislation echoes the intent of the IMBRA Marriage Broker act which screens for domestic violence from fiancee visa applicants.

Overall, the new legislation, while meritorious in its intent (no fiancee wishes to join a violent or abusive applicant in his home life) may well have additional impact on the processing of fiancee visa petitions. All the more reason for grooms seeking a professional and careful approach in this difficult process to retain a fiancee visa attorney.

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As a member of the American Immigration Lawyers Association, I get updates on developments in Fiancee Visa practice regularly. As of January 2006, the Fiancee Visa immigration landscape has changed. Consular Divisions, the division of the Embassies that interview and approve/deny Fiancee Visa petitions, are going to be taking a new approach in the review of Fiancee Visa petitions with the advent of IMBRA.

I strive every week to keep myself updated on information affecting Fiancee Visa petitions. Read on to learn a bit more information about IMBRA, the new Marriage Brokers Act.

Continue reading "Fiancee Visa Update from AILA" »

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From the Russian Embassy Consular Division:

Please note that no one may accompany applicants into the embassy's visa waiting room. This includes American citizens, spouses, attorneys, sponsors, friends, and family members. Thus, any information these individuals would like to present should be submitted with the application materials or given to the applicant to present to the Consular Officer during the interview. We appreciate your understanding.

There is no better feeling than seeing your fiancee depart the interview with a sense of confidence. Our preparation and documentation prepare your fiancee for this sometimes stressful interview. Our goal is to prepare your fiancee, in the Russian language, for the interview, and to give her the tools to be able to respond to the interviewer's questions correctly and confidently. Further, if our office perceives any potential difficulties in the prepration, through proper support and documentation, your fiancee can enter the interview prepared to give confident and accurate responses to the Consular Officer's questions.

The keys to success: Education, Documentation, Preparation.

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The International Marriage Broker Regulation Act ("IMBRA"), 8 USC §1375(a)(d)(2) (2005) et seq. sets limitations on the number of Fiancee Visa petitions that an individual may apply for. This aspect of IMBRA was included due to perceived misuse by USCIS of the Fiancee Visa process, whereby petitioners would seek numerous K1 visas over time, women from the former USSR would enter the country, and then be returned by their sponsors. The sponsors would then apply again, and again.

I recall being in Kyiv on an airport bus, and listening to one man loudly boast that he would sponsor women from Ukraine every year, bring them to the US, "visit" with them for 90 days, and send them back. I later spoke in Kyiv with a Ukrainian advocate who wanted to sponsor legislation in Ukraine to prevent the misuse of the American fiancee visa. This lawyer was deeply concerned about the welfare of some women from Ukraine who were being sponsored for Fiancee visas, and getting themselves into difficult circumstances.

Under current USCIS reading of Section 832 of IMBRA , there is a numerical limitation as to how many K 1 Visas you can apply for, namely a "lifetime" limit of two (2) previously approved K-1 Visa petitions unless you can secure a Section 832 Waiver (or special exception) from USCIS. If you have filed one approved K-1 Visa in the past 24 months, you must wait another 24 months from the filing date of the last K Visa petition, before you may file a new Fiancee Visa petition, unless you secure a Section 832 Waiver from the USCIS.

Continue reading "The Marriage Broker Act and Section 832 Waivers" »

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The question below is from Kyiv's Consular Section website. The question arisies as to how best to demonstrate your financial status, and show that by permitting your fiancee to immigrate, that she will not at some later point become a financial burden on the United States.

Q. What proof should I present to show that I can support my Russian or Ukrainian fiancée financially?

"You must supply proof that your fiancee will not become a public charge. This proof can be supplied in different forms. Many applicants present a notarized I-134 affidavit of support. Other acceptable forms of proof are a letter from your employer that indicates your current earnings and job history; your most recent federal income tax returns and bank statements or documentation of other assets. Do not submit the I-864 Affidavit of Support form. This form is used only in immigrant visa cases."

Continue reading "Demonstrating Financial Fitness as a K1 Sponsor" »

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