K1 Fiance(e) Visa

New consular fees went into effect yesterday. The fees were increased in an effort to cover operational expenses for 301 overseas posts, 23 domestic passport agencies and other centers that provide consular services. Under the new fee schedule, passport and other Consular fees are as follows:

NEW CONSULAR FEES EFFECTIVE JULY 13, 2010

Non-Immigrant Visa Fees
Nonimmigrant Visa Application - $140.00
1. H,L,O,P,Q and R Categories - $150.00
2. E Visas - $390.00
3. K Visa - $350.00
4. BCC Adult - $140.00
Immigrant Visa Fees
IV Application Processing Fee
1. Family-based immigrant visa - $330.00
2. Employment-based immigrant visa - $720.00
3. Other immigrant visas - $305.00
IV Security Surcharge - $74.00
Diversity Visa Lottery Surcharge - $440.00
Domestic Review of Affidavit of Support - $88.00
Determining Returning Resident Status - $380.00
Passport Fees
Passport Book – adult : $135.00
Passport Book – minor : $105.00
Passport Book Renewal – adult : $110.00
Additional Passport Visa Pages : $82.00
Passport Card – adult : $55.00
Passport Card – child : $40.00
Consular Report of Birth Abroad : $100.00
Renunciation of U.S. Citizenship: $450.00
File Search and Verification of U.S. Citizenship : $150.00

Please bear in mind that the U.S. Citizenship and Immigration Services has also submitted a proposal to increase application and petition fees. Therefore, it is very important to contact an immigration attorney regarding any applications or petitions filed and pending.

The U.S. Citizenship and Immigration Service plans on closing a $200 million dollar deficit by raising the filing fees for various immigrant and non-immigrant visa applications by an average of 10%. The only application that will not have its fees increased in the Naturalization application which is already at $675.00. Department of Homeland Security is considering increasing the applications fees for green cards from $930.00 to $985.00. The fees for a family based visa petition (I-130) will rise from $355.00 to $420.00. USCIS is considering adding new fees to the already fee heavy immigration process for immigrant investors, civil surgeons and to consular processing. Some visa petitioners will see relief in the form of reduction in fees for fiancé visa petition from $455.00 to $340.00. The United States Citizenship and Immigration Services, the agency responsible for visa processing, is required to be self-sufficient and thus relies on application fees for 90% of its budget. USCIS urges the public to weigh in on the proposal at http://www.regulations.gov. The comment period runs Friday through July 26.

At the Visa Lawyer Group, our attorneys always remain current on developing stories and their impact on immigration laws. We are an immigration law firm that provides legal assistance to clients around the world. Our immigration lawyers can be contacted to work on a variety of immigration related issues. For more information please schedule a free consultation, email us at info@visalawyergroup.com or call us at (845) 353-3500.

The U.S. Citizenship and Immigration Services (USCIS) announced that it will transition the intake function of several of its forms from the Service Centers to a Lockbox network. USCIS has decided to centralize its form and fee intake which it hopes will improve efficiency in the initial process.

The current forms scheduled for this transition include:
I-817, Application for Family Unity Benefit
I-526, Immigrant Petition by Alien Entrepreneur
I-539, Application to Extend/Change Nonimmigrant Status
I-129F, Petition for Alien Relative Fiance
I-140, Immigrant Petition for Alien Worker

The transition period started in the middle of last month with the Service Centers forwarding applications to the USCIS Dallas and Phoenix Lockbox for processing. Later on this month, USCIS will post the revised filing instructions, update the web page for each form, and announce the address change.

Please refer back to this site for the most updated information and resources related to U.S. immigration law.

The U.S. Embassy in Kingston, Jamaica has announced that as of March 24, 2010 all non-immigrant visa applicants must submit their applications online. The Department of State has changed the forms for all non-immigrant visa applications. The new DS-160 form replaces the current DS-156 non-immigrant visa application. The new form is completed online and the information is submitted to the U.S. Embassy electronically. This move to go paperless was made in an effort to improve efficiency, accuracy and security for all visa applicants.

The new form will be available online beginning March 4, 2010 and the paperless system will go into effect on Marcy 24, 2010. After that date, non-immigrant visa applicants must bring a printed DS-160 confirmation sheet, passport, and a visa application fee paid receipt from any National Commercial Bank Jamaica Branch. Please keep in mind that only the visa application process at the U.S. Embassy has changed. All non-immigrant visa applicants will still be required to attend an interview where their qualifications for a visa will be determined.

At the Visa Lawyer Group, our visa lawyers stay current on all the developing changes to U.S. immigration policies. Ensuring a smooth immigration process is our priority. To learn more about our services or to speak to one of our attorneys, please schedule a free consultation with us today.

Making a case for your I-130 Marriage Based Visa and K1 Fiance Visa application

Every marriage based or fiancé(e) based visa application requires the visa applicant to prove the bona fides of the relationship. Every I-130 marriage based application requires that the petitioner and beneficiary prove to USCIS that their marriage is a bona fide one and every K1 Fiancé(e) visa application also requires the U.S. citizen petitioner to prove the bona fides of their relationship. What exactly are the bona fides of a relationship and how do you prove it? In Latin, bona fides literally means good faith and the online Merriam Webster’s Dictionary defines it as the fact of being genuine. In immigration proceedings, the burden of proof is on the petitioning United States citizen and his/her spouse or fiancé(e) to prove that their relationship is genuine. A large percentage of immigrant and non immigrant petitions are initially approved based on the paperwork that is submitted to USCIS. Therefore it is extremely important to include documentation of a valid relationship.

For a marriage based petition including a copy of your valid marriage certificate usually suffices. But including documentation that shows proof of marriage is always helpful. This can be anything from copies of your wedding invitation, receipts from the caterer, and photographs of the wedding to evidence of a joint checking or savings account. A letter from both spouses documenting the relationship leading up to the marriage can also be included.

While a marriage certificate can suffice as evidence in an I-130 immigrant visa application, same cannot be said about a K1 fiancé(e) visa application. In order for a K1 fiance(e) visa application to be approved, immigration officers rely heavily on the documentation that is submitted supporting the petition. For example, a letter of intent to marry from both the United States citizen and the foreign national fiancé should always be included. For proof of relationship be sure to include any evidence that proves the length and strength of the relationship. This proof can include copies of telephone bills showing phone calls back and forth, copies of emails between each other, receipt of engagement ring (if available) and documents showing preparations for a wedding in the United States. Use your imagination and be creative with the evidence your submit. Packaging a petition, marriage or fiancé(e), should be done very carefully because a small mistake can cause undue delay or even an outright rejection.