Marriage to a U.S. Citizen does not automatically grant a Vietnamese spouse the right to live permanently in the United States. Before a Vietnamese spouse can immigrate to the United States, the U.S. Citizen or Lawful Permanent Resident (“Petitioner”) must first establish the marital relationship, complete the required documentation and
For many American and Vietnamese couples looking to immigrate to the United States, a major question is whether they should apply for a K-1 fiancé(é) visa or a CR-1 spousal visa. While both lead to lawful permanent residence status (“Green Card”), they work very differently. A K-1 fiancé(e) visa allows
The U.S. immigration system provides a specific pathway for U.S. citizens to sponsor their siblings for lawful permanent residency (“Green Card.”) The Family-Based Fourth Preference (F4) category is dedicated to the brothers and sisters of adult U.S. citizens ages twenty-one (21) and above. While this is a popular route for
A Form I-130A, Supplemental Information for Spouse Beneficiary, is required in every marriage-based Form I-130, Petition for Alien Relative (“Form I-130”). The supplemental form is submitted with the United States Citizenship and Immigration Services (“USCIS”) at the time of filing the Form I-130 which contains important background details about the
When couples begin exploring U.S. immigration options, one of the first questions that often comes up is “What is a CR1 visa?” The CR1 is a U.S. immigrant spouse visa that grants conditional permanent residency (“Green Card”) to foreign spouses married to U.S. citizens for less than two (2) years.
One your fiance arrives in the United States on a K-1 visa and you are married within ninety (90) days upon arrival, you and your fiance will need to file for adjustment of status with the United States Citizenship and Immigration Services (“USCIS”) in order to convert the K-1 fiance
Once the United States Citizenship and Immigration Services (“USCIS”) approves an I-129F Petition for Alien Fiancé, the foreign fiancé typically has four (4) months to apply for a K-1 fiancé visa at a U.S. Embassy or Consulate. However, due to the time that it takes for an approved petition to
A K-3 visa is a nonimmigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while their Form I-130 Petition for Alien Relative (“I-130 Petition”) is undergoing adjudication with the United States Citizenship and Immigration Services (“USCIS”). The goal of a K-3 is to
Quick Comparison: IR-1 vs CR-1 Visa IR-1 Visa CR-1 Visa Full name Immediate Relative Conditional Resident Marriage length required 2 years or more at time of visa issuance Less than 2 years at time of visa issuance Green Card received 10-year Green Card — immediately on entry 2-year conditional Green
Quick Summary: Proxy Marriage vs Online Marriage for U.S. Immigration Proxy Marriage Online Marriage Definition Wedding ceremony where one or both parties are absent and represented by a proxy Wedding ceremony conducted fully online via video; both parties participate remotely Common example Military personnel deployed overseas unable to attend in
Quick Summary Question Answer Does a child born abroad to an LPR need a U.S. immigrant visa? Possibly not, if all 3 conditions are met Entry deadline after birth? Child must enter the U.S. within 2 years of birth What must the LPR parent do? Must accompany the child and
Quick Comparison: K-3 vs CR-1/IR-1 K-3 Visa CR-1/IR-1 Visa Visa type Nonimmigrant Immigrant Who qualifies Spouse of a U.S. citizen Spouse of a U.S. citizen (IR-1) or LPR (CR-1) Primary forms I-130 + I-129F I-130 Status upon entry Nonimmigrant; must file AOS after arriving Immigrant immediately; becomes LPR at port
Quick Summary: Form I-129F Question Answer What is Form I-129F? Petition for Alien Fiance filed with USCIS to obtain a K-1 fiancé(e) visa Who can file Form I-129F? Only U.S. citizens aged 21 or older (lawful permanent residents cannot file) Filing fee? $675 paid to the U.S. Department of Homeland
A Form I-130, Petition for Alien Relatives, is filed with the U.S. Citizenship and Immigration Services (“USCIS”) to establish a qualifying family relationship between a U.S. citizen or lawful permanent resident (Green Card Holder) and a foreign national immediate relative (“Beneficiary”) . Submitting the Form I-130 is the first step
Quick Summary: K-1 Fiance Visa Question Answer What is the K-1 visa? A nonimmigrant visa for the foreign national fiance of a U.S. citizen Who can sponsor it? Only U.S. citizens (not lawful permanent residents) Primary form? Form I-129F, Petition for Alien Fiance In-person meeting requirement? Both parties must have
Quick Summary: K-1 Interview at the HCMC Consulate Question Answer Where is the interview held? U.S. Consulate General in HCMC, 4 Le Duan Street, District 1 Who attends the interview? The Vietnamese fiance only; the U.S. petitioner does not attend What language is the interview conducted in? Vietnamese or English;
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