K-1 Fiance(e) Visa Additional Information

Background If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States , then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad. The marriage must take place within 90 days of your fiancé(e) entering the United States . If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F – Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission. If your fiancé(e) intends to live and work permanently in the United States , your fiancé(e) should apply to become a permanent resident after your marriage. (If your fiancé(e) does not intend to become a permanent resident after your marriage, your fiancé(e)/new spouse must leave the country within […]
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K-1 Fiance(e) Visa Overview

The K-1 visa permits the fiancé(e) of a U.S. citizen to enter the United States for a 90-day admission period in which the couple must marry and then apply for adjustment of status to permanent residence. The K-1 is actually a nonimmigrant visa classification designed to facilitate the admission of intending immigrants to the U.S. Therefore, issuance of the K-1 at the Consulate requires much of the same information as an immigrant visa would. This comprehensive information is basically then re-submitted to the U.S. Citizenship and Immigration Services (“CIS”) when the adjustment of status application is filed. K-1 visa processing can take longer in the end since it requires comprehensive (and often duplicative) personal and supporting documentation to be submitted at two stages of the process. A K-1 visa is issued to the fiancé(e) of a U.S. citizen after a petition is filed with CIS and approved. The couple must prove to CIS that: a) they have previously met in person within two years of the date of filing the petition (unless a waiver is granted); b) they have a legitimate intention to marry; and c) they are legally able and willing to conclude a valid marriage in the U.S. […]
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J-1 Exchange Visitors

Obtaining an Exchange Visitor Visa According to the U.S. Department of State, the Exchange Visitor Program aims to: “Increase mutual understanding between the people of the United States and people of other countries by means of educational and cultural exchanges.” Through the program, the U.S. government provides an unlimited number of exchange visitor visas, called J-1 visas, which allow international professionals, interns, and students to receive training in the U.S. for a select length of time. Eligible participants include college/university or secondary-level students, au pairs and camp counselors, scholars, researchers, physicians, and business trainees. To be issued an exchange visitor visa, you must demonstrate that you properly meet the following requirements: Show proof you have already been accepted into a U.S. State Department-approved Exchange Visitor Program. Show proof of funds to cover expenses while in the U.S. Show evidence of compelling social and economic ties abroad. Where to Apply You should apply for an exchange visitor, or J-1, visa at the American Embassy or Consulate with jurisdiction over your permanent place of residence. An interview at the embassy is required for exchange visitor visa applicants between the ages of 14 through 79. The waiting time for interviews can vary, so […]
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Musicians, Athletes & Performers (O-1 & P-1)

P-1 Athlete The P-1 classification applies to an alien coming to the U.S. temporarily to perform at a specific athletic competition as an athlete , individually or as part of a group or team, at an internationally recognized level of performance. Petition Document Requirements A U.S. employer should file the I-129 petition with: A written advisory opinion from an appropriate labor organization: A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport; Copies of evidence of at least two of the following: Significant participation in a prior season with a major United States sports league; Participation in international competition with a national team; Significant participation in a prior season for a U.S. college or university in intercollegiate competition; A written statement from an official of the governing body of the sport which details how the alien or team is internationally recognized; A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized; The individual or team is ranked, […]
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Musicians, Athletes & Performers (O-1 & P-1)

P-1 Athlete The P-1 classification applies to an alien coming to the U.S. temporarily to perform at a specific athletic competition as an athlete , individually or as part of a group or team, at an internationally recognized level of performance. Petition Document Requirements A U.S. employer should file the I-129 petition with: A written advisory opinion from an appropriate labor organization: A copy of the contract with a major U.S. sports league or team or a contract in an individual sport commensurate with international recognition in the sport, if such contracts are normally utilized in the sport; Copies of evidence of at least two of the following: Significant participation in a prior season with a major United States sports league; Participation in international competition with a national team; Significant participation in a prior season for a U.S. college or university in intercollegiate competition; A written statement from an official of the governing body of the sport which details how the alien or team is internationally recognized; A written statement from a member of the sports media or a recognized expert in the sport which details how the alien or team is internationally recognized; The individual or team is ranked, […]
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Religious Workers (R-1)

The R-1 classification applies to a religious worker . This is an alien coming to the U.S. temporarily to work: As a minister of religion, As a professional in a religious vocation or occupation, or For a bona fide nonprofit religious organization at the request of the organization, in a religious occupation which relates to a traditional religious function. The applicant (religious worker) must have been a member of a religious denomination having a nonprofit religious organization in the United States for at least the two years immediately prior to the application date. To be eligible, the U.S. petitioning organization must be a nonprofit religious organization granted (or eligible for) tax exempt status, and must demonstrate that it can and will provide for all of the R-1 beneficiary’s financial and physical needs. If the alien is outside the U.S. , he or she may apply directly to a consulate for an R visa. If visa exempt, the alien may apply at a port of entry. If the alien is inside the U.S. , the religious organization may use the I-129 to petition for a change of status, extension of stay, or change of employment. Dependents Dependents (spouses and unmarried children […]
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Entering the U.S. as an Investor (E-1 & E-2)

The E nonimmigrant visa category is intended for business owners, managers, and employees who seek to enter or remain in the U.S. to work for an enterprise engaged in trade between the U.S. and a foreign country. The E nonimmigrant category is only available if a “treaty of commerce and navigation” or a “bilateral investment treaty” exists between the U.S. and a foreign country. In general, the following requirements must be met to qualify for E nonimmigrant status: a treaty must exist between the U.S. and foreign country; a majority ownership or control of the investing or trading company must be held by nationals of the foreign country; and Foreign citizenship must be held by each employee or principal of the company who seeks E status under the treaty. Requirements for E-1 Treaty Trader The requisite treaty or equivalent exists. For Canadian citizens, there is a treaty between the U.S. and Canada so this is satisfied. For landed immigrants to Canada, there must be a similar treaty between the U.S. and the applicant’s country of nationality. The individual and/or business possesses the nationality of the treaty country. For Canadian citizens, a copy of the passport, birth certificate, or citizen card […]
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