Category: Consular Processing

The Ultimate Guide for K1 Visas (Fiancé Visas)

As an immigration firm, we often encounter couples navigating the complexities of U.S. immigration law, particularly when it comes to bringing a fiancé to the United States. The process can be daunting, but understanding the Fiancé (I-129F) visa is a crucial step in ensuring that love can flourish across borders. Let’s talk about the I-129F visa, the application process, and essential considerations for couples.

What is a Fiancé (I-129F) Visa?

The Fiancé (I-129F) visa is a nonimmigrant visa that allows U.S. citizens to bring their foreign national fiancé(e) to the United States with the intent to marry. Upon entering the U.S. with this visa, the couple must marry within 90 days. If they do, the foreign national can then apply for permanent residency (a green card) through adjustment of status.

Eligibility Requirements

To be eligible for a Fiancé (I-129F) visa, both the U.S. citizen and the foreign national must meet specific requirements:

  1. U.S. Citizen Petitioner: Only U.S. citizens can petition for a fiancé(e) visa. Permanent residents (green card holders) cannot file for an I-129F visa.
  2. Intention to Marry: The couple must have a genuine intention to marry within 90 days of the fiancé(e)’s arrival in the U.S. This intention must be evidenced by a shared history and future plans.
  3. Legal Capacity to Marry: Both parties must be legally eligible to marry. This means that any previous marriages must have been legally dissolved through divorce or annulment, or if a spouse has passed away, a death certificate must be provided.
  4. Meeting Requirement: The couple must have met in person at least once within the two years preceding the filing of the petition, though there are some exceptions to this rule based on cultural or religious considerations.

The Application Process

The application process for a Fiancé (I-129F) visa involves several steps:

  1. Filing the I-129F Petition: The U.S. citizen must complete Form I-129F, Petition for Alien Fiancé(e), and submit it to the U.S. Citizenship and Immigration Services (USCIS) along with the required supporting documents. This includes proof of citizenship, evidence of the relationship, and any previous marriage dissolution documents.
  2. USCIS Processing: Once the petition is filed, USCIS will process it. Processing times can vary, but applicants should regularly check the USCIS website for updates on their case status.
  3. National Visa Center (NVC) Processing: After USCIS approves the petition, it is forwarded to the NVC, which will assign a case number and send instructions to the foreign national for the next steps.
  4. Consular Interview: The foreign national must attend an interview at the U.S. embassy or consulate in their home country. During this interview, a consular officer will assess the authenticity of the relationship and verify that the applicant meets all requirements for the visa.
  5. Visa Issuance: If the interview is successful and all requirements are met, the fiancé(e) will receive the K-1 visa, allowing them to travel to the U.S.

What Happens After Arrival?

Upon arrival in the U.S. on a K-1 visa, the couple must marry within 90 days. After the marriage, the foreign national can apply for adjustment of status to become a lawful permanent resident. This process requires filing Form I-485, Application to Register Permanent Residence or Adjust Status, along with supporting documents and an application fee.

Important Considerations

  • Financial Support: The U.S. citizen must demonstrate that they can financially support their fiancé(e) by submitting an Affidavit of Support (Form I-134) to ensure the foreign national will not become a public charge.
  • Medical Examination: The foreign national must undergo a medical examination by an approved physician and provide vaccination records as part of the visa application process.
  • Time Sensitivity: The I-129F process can be time-consuming. Couples should plan ahead and be aware of the processing times to avoid any delays.
  • Potential Complications: If the couple does not marry within the required timeframe or if there are issues during the application process, it may complicate the fiancé(e)’s immigration status. Consulting with an immigration attorney can help navigate these challenges.

Conclusion

The Fiancé (I-129F) visa provides a pathway for U.S. citizens to bring their foreign national partners to the United States to start their lives together. While the process may seem overwhelming, understanding the requirements and steps involved can ease the journey for couples. As an immigration firm, our role is to guide couples through the intricacies of the immigration process and help ensure a smooth transition into married life.

If you’re considering filing for a Fiancé (I-129F) visa or have questions about your specific situation, please don’t hesitate to reach out for a consultation. Love knows no borders, and together, we can help you navigate the path to your future.

No matter where you are located, around the corner, anywhere in the US or abroad, we can help you. Our convenient local offices are inviting, and accessible. We also offer our services virtually through video meetings and electronic documents. We go out of our way to ensure you feel comfortable and prepared for whatever immigration situation you may be facing.

We don’t cut corners and give our clients the runaround. We put you first!

Contact top rated Immigration Lawyer, Ammar Alo, to help you reunite with your family.

(734) 215-5242 Michigan

(419) 913-1580 Ohio

Call or book a consultation today: https://alolegal.com/contact-us/

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Renewing your Green Card: Everything you need to know

As an immigration lawyer, one of the most common questions I encounter is regarding the renewal of Green Cards, officially known as Form I-90. Whether you are a permanent resident looking to renew your Green Card or simply seeking to understand the process, it is essential to grasp the importance of timely renewals and the potential consequences of delays. Let’s talk about Green Card renewals, the application process, and best practices to ensure a smooth experience.

Why Renew Your Green Card?

A Green Card, or Permanent Resident Card, serves as proof of your status as a lawful permanent resident in the United States. However, it is important to note that Green Cards do expire. Generally, they are valid for 10 years. Renewing your Green Card is crucial for several reasons:

  1. Proof of Status: An unexpired Green Card serves as legal evidence of your permanent resident status. An expired card can lead to complications when traveling, applying for jobs, or accessing benefits.
  2. Employment Eligibility: Employers are required to verify your work authorization. An expired Green Card can complicate this process and potentially affect your job opportunities.
  3. Travel Considerations: If you plan to travel outside the U.S., having a valid Green Card is essential for re-entry. An expired card may result in delays or complications at the border.
  4. Citizenship Applications: If you plan to apply for U.S. citizenship, having a valid Green Card is necessary. An expired card may lead to delays in your application process.

The I-90 Application Process

Renewing your Green Card requires submitting Form I-90, Application to Replace Permanent Resident Card. Here’s a step-by-step guide to the process:

Step 1: Determine Eligibility

You may file Form I-90 if your Green Card is expired, will expire within the next six months, or if you need to replace a lost, stolen, or damaged card. Additionally, if your personal information has changed (e.g., name or gender), you will need to file for a replacement.

Step 2: Gather Required Documentation

When completing the I-90 application, you will need to provide various documents, including:

  • A copy of your expired or damaged Green Card (if applicable)
  • Proof of your identity (such as a passport or state-issued ID)
  • Evidence of any name changes (if applicable)
  • Two passport-style photos taken within the last six months

Step 3: Complete Form I-90

You can file Form I-90 online through the U.S. Citizenship and Immigration Services (USCIS) website or by mail. Make sure to carefully follow the instructions and double-check all information to avoid delays in processing.

Step 4: Pay the Filing Fee

As of this writing, the filing fee for Form I-90 is $465, if filed by paper, or $415 if filed online. Ensure you have the correct payment method and include the fee with your application.

Step 5: Attend Biometrics Appointment

After filing your application, you may receive a notice from USCIS instructing you to attend a biometrics appointment. During this appointment, your fingerprints, photo, and signature will be taken for identification purposes.

Step 6: Await Decision

Once you have submitted your application and attended your biometrics appointment, the USCIS will process your request. You can check the status of your application online through the USCIS website.

Best Practices for a Smooth Renewal Process

  1. Start Early: Begin the renewal process at least six months before your Green Card expires to avoid potential issues.
  2. Keep Copies: Always keep copies of your application and any documents submitted to USCIS. This will be helpful in case you need to reference your application in the future.
  3. Stay Informed: Regularly check the USCIS website for any updates or changes to the Green Card renewal process.
  4. Consult an Immigration Attorney: If you have any questions or concerns about your specific situation, consider consulting with an immigration lawyer. We can provide personalized guidance and support throughout the process.

Conclusion

Renewing your Green Card is a critical step in maintaining your lawful permanent resident status in the United States. By understanding the I-90 application process and adhering to best practices, you can ensure a smooth and timely renewal. As always, if you have any questions or need assistance, do not hesitate to reach out to a qualified immigration attorney.

Staying informed and proactive is key to navigating the complexities of immigration law, and we are here to help you every step of the way. No matter where you are located, around the corner, anywhere in the US or abroad, we can help you. Our convenient local offices are inviting, and accessible. We also offer our services virtually through video meetings and electronic documents. We go out of our way to make sure that you feel comfortable and prepared for whatever immigration situation you may be facing.

We don’t cut corners and give our clients the run around. We put you first!

Contact top rated Immigration Lawyer, Ammar Alo, to help you reunite with your family.

(734) 215-5242 Michigan

(419) 913-1580 Ohio

Call or book a consultation today: https://alolegal.com/contact-us/

Top rated Detroit Immigration Lawyer
Top rated Toledo Immigration Lawyer
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Demystifying the I-130 Petition: The Mother of All Forms

As an immigration firm, we often work with families striving to reunite with their loved ones
through the family-based immigration process. One of the most common pathways for family
reunification in the United States is the I-130 petition, also known as the Petition for Alien
Relative. Let’s talk about demystifying the I-130 process, outlining its requirements, steps, and
potential challenges, to help families understand how to navigate this vital aspect of U.S.
immigration law.


What is the I-130 Petition?
The I-130 petition is a formal request made by a U.S. citizen or lawful permanent resident (green
card holder) to establish the familial relationship with a foreign national relative. Approval of the
I-130 petition does not grant the foreign national immigration status; instead, it is the first step in
a multi-stage process leading to lawful permanent residency (a green card).

Eligibility Requirements
To file an I-130 petition, the U.S. citizen or lawful permanent resident must meet certain
eligibility requirements:

  1. Qualifying Relationships: The petitioner must be either a U.S. citizen or a lawful permanent resident and must have a qualifying relationship with the foreign national. Eligible relationships include:
    • Spouses
    • Children (unmarried and under 21 or unmarried and over 21)
    • Parents (if the petitioner is a U.S. citizen)
    • Siblings (if the petitioner is a U.S. citizen and at least 21 years old)
  2. Proof of Relationship: The petitioner must provide documentation that proves the relationship with the foreign national. For spouses, this may include a marriage certificate; for children, a birth certificate; and for siblings, a combination of birth certificates showing a common parent.

The Application Process
The process for filing an I-130 petition involves several key steps:

  1. Completing Form I-130: The petitioner must complete Form I-130, Petition for Alien Relative, and submit it to the U.S. Citizenship and Immigration Services (USCIS). The form requires detailed information about both the petitioner and the foreign national.
  2. Gathering Supporting Documents: Along with the completed petition, the petitioner must include supporting documentation to establish the qualifying relationship. This may include:
    • Proof of U.S. citizenship or lawful permanent residency (e.g., a copy of a passport, naturalization certificate, or green card)
    • Evidence of the relationship (e.g., marriage or birth certificates)
    • Any prior immigration history, if applicable
  3. Filing the Petition: The completed Form I-130 and supporting documents should be submitted to the appropriate USCIS service center along with the required filing fee. Petitioner should keep a copy of the application for their records.
  4. USCIS Processing: Once USCIS receives the petition, they will process it, which typically takes several months. Petitioner can track the status of their case through the USCIS website using the receipt number provided after filing.
  5. Approval and Next Steps: If USCIS approves the I-130 petition, it will send the case to the National Visa Center (NVC) for further processing. Depending on the foreign national’s relationship to the petitioner and their country of origin, they may need to wait for a visa number to become available before they can proceed with the immigration process.

What Happens After Approval?

Once the I-130 petition is approved, the foreign national can apply for an immigrant visa (if outside the U.S.) or adjust their status to become a lawful permanent resident (if already in the U.S.). The process includes:

  • Immigrant Visa Processing: If the foreign national is outside the U.S., they will apply for an immigrant visa through the U.S. embassy or consulate in their home country. This involves an interview, medical examination, and submission of additional documents.
  • Adjustment of Status: If the foreign national is already in the U.S. on a valid visa, they can apply for adjustment of status by filing Form I-485, Application to Register Permanent Residence or Adjust Status, once the I-130 petition is approved and a visa number becomes available.

Important Considerations

  • Processing Times: The I-130 petition processing times can vary significantly depending on the service center and the relationship category. Petitioner should be prepared for potential delays and stay informed about processing times.
  • Priority Dates: For certain family relationships, especially for those with permanent resident sponsors or siblings of U.S. citizens, there may be a waiting period due to visa caps. It’s essential to understand priority dates and how they affect the processing timeline.
  • Public Charge Rule: Recent immigration policies may require applicants to demonstrate their ability to support themselves and not become a public charge. Providing evidence of financial support, such as the Affidavit of Support (Form I-864), may be necessary.
  • Legal Assistance: The family petition process can be complex, and it’s beneficial to consult with an immigration attorney to ensure that all paperwork is correctly completed and that you are aware of any potential issues that may arise.

Conclusion

The I-130 family petition process plays a vital role in uniting families separated by immigration barriers. Understanding the requirements, steps, and challenges involved in filing an I-130 petition can help streamline the journey toward family reunification.

If you are considering petitioning for a family member or have questions about your situation, please reach out for a consultation. Together, we can work toward bringing your loved one’s home.

Call or book a consultation today: https://alolegal.com/contact-us/

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Parole in Place

Biden Admin announces Parole in Place (PIP) for spouses of US Citizens

On June 17th, 2024, the Department of Homeland Security announced the expansion of Parole-in-Place to certain undocumented Spouses, children and stepchildren of US Citizens. This move does not magically make people who are ineligible for Permanent Residency suddenly eligible. It does, however, remove a large obstacle for some who are otherwise eligible.

The barrier that has been removed is the requirement to travel outside the US in order to obtain their immigrant visas (Green Cards). This new PIP expansion allows them to apply in the U.S. if they have been here for at least 10 years.

This is a great move in my opinion as it removes a huge obstacle for many who were afraid to leave the country. All of the individuals who will now qualify for PIP have deep roots in their communities, and have been in the US for at least 10 years. This will bring them into the fold of the legal immigrants, and allow them to come out of the shadows.

More to come in future posts once we get more details. Until then, stay tuned for updates.

Source: https://www.dhs.gov/news/2024/06/17/fact-sheet-dhs-announces-new-process-promote-unity-and-stability-families

No matter where you are located, around the corner, anywhere in the US or abroad, we can help you. Our convenient local offices are inviting, and accessible. We also offer our services virtually through video meetings and electronic documents. We go out of our way to make sure that you feel comfortable and prepared for whatever immigration situation you may be facing.

We don’t cut corners and give our clients the run around. We put you first!

Contact top rated Immigration Lawyer, Ammar Alo, to help you reunite with your family.

(734) 215-5242 Michigan

(419) 913-1580 Ohio

Contact top rated Detroit immigration Lawyer, Ammar Alo, to help you reunite with your family.

New record set for Alo Legal

At Alo Legal, we strive to do our work in the most comprehensive and complete fashion. Our multi-review process reduces mistakes and typos, and ensures all the necessary documents have been provided to USCIS.

That is why we are happy to announce that we have hit a new record: we have three I-130 petitions that were approved in only 8 days.
This is a new record for Alo Legal.

No matter where you are located, around the corner, anywhere in the US or abroad, we can help you. Our convenient local offices are inviting, and accessible. We also offer our services virtually through video meetings and electronic documents. We go out of our way to make sure that you feel comfortable and prepared for whatever immigration situation you may be facing.

We don’t cut corners and give our clients the run around. We put you first!

Contact top rated Immigration Lawyer, Ammar Alo, to help you reunite with your family.

(734) 215-5242 Michigan

(419) 913-1580 Ohio

Contact top rated Detroit immigration Lawyer, Ammar Alo, to help you reunite with your family.

Never do this with Immigration!!!

The best piece of advice I can give to anyone going through the immigration process:
DON’T LIE!!!!

“Duh!” you might say. “That’s obvious!”
Well, it should be obvious, but then explain the countless cases I have seen where I have caught a lie, … I mean, “discrepancy”. I discussed it briefly in a TikTok video I made not too long ago.

So, what am I talking about here? What kind of things have I seen get people’s cases totally off the rails?
Well, how about these for example:

  • Different Birth Dates
  • Different Marriage Dates
  • Names/number of children
  • Marriages
  • Employment, occupations
  • Military Service
  • Past Persecution (Asylum Cases)
  • Address History

Just to name a few

So the next logical question is “why did you lie”? and it basically comes down to 4 main reasons, and the answers might surprise you.

The first and most innocent answer is that it was a mistake or typo. This I can totally understand. We all make mistakes, yes, even us attorneys, and that is why we have to double and triple check everything we submit. We do that with our clients, after we are completely finished with a file, and before it gets mailed out, we check it again, send it to our clients for a review, and check it one last time right before mailing.

However, if you have someone else help you with the forms, this type of quality check is most likely not there. Notarios are “notorious” for making mistakes, or just making stuff up, and that brings us to the second reason why people lie on their applications.

“The Notario/Form preparer filled it out, I don’t know what they put in there”. Really?? That’s the excuse you are going to use when you are in front of a USCIS officer, embassy official, or immigration judge? There’s no excuse for not reviewing what is submitted on your behalf. If you sign something, you better have reviewed it (this applies to everything by-the-way, not just immigration).

The third reason is both dumb and naive: “I lied because I thought it would increase my chances of approval.” Really? You think immigration officials are idiots? You really think they have no way of verifying any information that you have claimed?
Do you really think that by lying, you will have a better chance? How do you even know what kind of information is favorable? The most common lies people think will give them a better chance at Tourist Visas is to claim they are married/single, or they have kids, or they own some kind of business. They believe that by making these claims, immigration officers will believe that they will definitely come back to their home country after their visit to the US. What they don’t know is that if they are caught lying, they can be barred from EVER coming to the US.
Don’t do it, it’s not worth it.

This last reason of why applicants lie is the worst, and the most wicked: They are trying to hide something that will get them denied or arrested.
Criminal records, group memberships, gang memberships, military service, past marriages, all come to mind.

In conclusion, lying on your applications is a huge mistake. Not only is it wrong to lie for any reason and in any situation, but it will also severely harm your chances of immigrating to the US. And, as I said in the video, if you don’t get caught the first time, you will probably get caught down the road, most likely at your Naturalization interview.

It’s best to consult with an experienced Immigration Attorney who can help you navigate this complex maze we call the US Immigration System.

Contact us today!


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Fiancé Visa vs. Spousal Visa

We get this question all the time, which one is better, which one is faster. Unfortunately, there’s no one-size-fits all answer; it all depends on your situation. So, let’s take a look at the pros and cons of each.

When it comes to uniting with a partner from another country in the United States, couples have two primary visa options: the Fiancé Visa (K-1) and the Spousal Visa (CR-1/IR-1). Each path has its unique set of advantages and challenges, and the right choice depends on various factors including the couple’s circumstances, preferences, and priorities.

Fiancé Visa (K-1)

Pros:

  • Speed: Generally, the K-1 visa process is quicker, allowing the foreign fiancé to enter the U.S. faster.
  • Marriage Flexibility: Couples can plan their wedding in the U.S. within 90 days of the fiancé’s arrival.
  • U.S. Ceremony: Ideal for those who wish to have their marriage ceremony in the United States, and may not be able to get married overseas.
  • Get to know each other: This allows you the opportunity to get to know each other before starting the Permanent Residence process.

Cons:

  • Temporary Status: The K-1 visa is a non-immigrant visa, meaning the fiancé must adjust their status to a permanent resident after marriage.
  • Limited to U.S. Citizens: Only U.S. citizens can petition for a K-1 visa, not permanent residents.
  • No Direct Green Card: The fiancé does not receive a green card immediately upon entry and must go through an adjustment of status process.
  • Speed: Although it is supposed to be quicker, many times, it takes just as long as a Spousal Visa.

Spousal Visa (CR-1/IR-1)

Pros:

  • Permanent Status: The spouse enters the U.S. as a permanent resident and receives a green card shortly after.
  • Available to Permanent Residents: Both U.S. citizens and lawful permanent residents can petition for a spouse. Although, wait times for Permanent Resident petitioners can be lengthy.
  • No Adjustment Required: Since the spouse enters with an immigrant visa, there’s no need for Adjustment of Status after arrival.

Cons:

  • Longer Process: The spousal visa process can take longer, delaying the couple’s reunion in the U.S.
  • Marriage Requirement: The couple must be married before applying, which might require planning an overseas wedding.
  • Limited Travel: The spouse may face travel restrictions to the US while the visa is being processed.

Conclusion

Choosing between a Fiancé Visa and a Spousal Visa is a significant decision that can impact the couple’s future. It’s essential to weigh the pros and cons carefully and consider personal circumstances, such as where you want to marry and how quickly you wish to be together in the U.S. Consulting with an immigration attorney can provide guidance tailored to your specific situation.

I hope this blog post provides a clear comparison to help you or others make an informed decision regarding the immigration process. Remember, immigration laws are complex and subject to change, so it’s always best to consult with a legal expert for the most current advice

Call or book a consultation today: https://alolegal.com/contact-us/

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Biggest mistake while filing an I-130

Don’t make this mistake!!!
I have seen this enough times that it now requires a blog post. Unfortunately, it’s happens with applicants who don’t hire attorneys, who either try to do it themselves, or ask for help from the wrong person.
This is Immigration 101, and any immigration lawyer, with even minimal experience, should never make this mistake. This mistake can cost you thousands of dollars, and months of delays.

Here it is:
When filling out an I-130 Petition for Alien Relative with USCIS, make sure you fill out one of these two sections:

If you don’t fill out one these sections, USCIS doesn’t know what to do with your case once its approved, and it will just sit in their offices collecting dust. The only way to get it moving is to fill out an I-824, and pay that fee. It will also take USCIS a ridiculous amount of time to just send your application to where you need it to go.

  • If your relative is inside the US, and you are eligible for Adjustment of Status, you fill out the first section.
  • If your relative is overseas, and will continue the process at a US Embassy, you fill out the second section.

    The biggest mistake you can make is NOT consulting an experienced immigration attorney anytime you are dealing with any immigration issues.
    You can contact us here: https://alolegal.com/contact-us/

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Ammar Alo, Three best Rated Immigration lawyer

Detroit, Michigan Immigration Lawyer

Top Rated Detroit Immigration Attorney

Ammar Alo is a top rated Immigration Attorney now with an office in Canton, Michigan, a suburb of Detroit.

Alo Legal LLC is a boutique US based law firm that provides U.S. Immigration Law services. We cater to our client’s needs.

If you are looking for information or an attorney for:

  • Immigration Services
  • Permanent Residence
  • Green Cards
  • Family Sponsorship
  • Naturalization
  • NVC Processing
  • Immigrant Visas
  • Fiancé Visas

No matter where you are located, around the corner, anywhere in the US or abroad, we can help you. Our convenient local offices are inviting, and accessible. We also offer our services virtually through video meetings and electronic documents. We go out of our way to make sure that you feel comfortable and prepared for whatever immigration situation you may be facing.

We don’t cut corners and give our clients the run around. We put you first!

Contact top rated Immigration Lawyer, Ammar Alo, to help you reunite with your family.

(734) 215-5242 Michigan

(419) 913-1580 Ohio

Contact top rated Detroit immigration Lawyer, Ammar Alo, to help you reunite with your family.