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Amy L Becerra

Amy Becerra’s Answers

128 total


  • How long does a K3 visa take to process?

    I have married in Spain (I am from the USA) and would like to move back to the States with my Spanish wife. How long will her visa take to process?

    Amy’s Answer

    You may check the most recent processing guidelines for the Service Center with jurisdiction over your place of residence for Forms I-129F (K-3) or I-130 at USCIS's website: www.uscis.gov. Best of luck! For assistance in preparing a K-3 or I-130 package, please contact Amy L. Becerra, Esq.; amy@alblawoffice.com. Se habla espa~nol.

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  • Which process is faster K1? or I-130

    I am a US citizen. My fiancee is living in China. I would like to know which petition is faster to bring her to here USA. 1) I go China to get marry, then obtain I-130 petition or 2) obtain K1 and let she come over here to get marry which pr...

    Amy’s Answer

    As both the I-129F and the I-130 tend to take about 6 months to process at USCIS, it's a bit of a toss-up as to which process will be faster. In China, either process will take longer than for most other countries simply due to the delay caused by sending documents through Chinese customs. Immigrant visas and K-1 fiancee visas are generally processed at the same embassy. In choosing between the options, look at what your ultimate goals are: is it to be married as soon as possible? or to live together in the US as soon as possible? If your answer to the first question was 'yes,' then you might consider marrying overseas and then filing an I-130 petition upon return to the US. However, another consideration regards strategy. If you file for a spouse, then you will need to include documentation proving not only your legitimate marriage but your marital relationship as well for which you might not have as much proof if you never actually live together or commingle financial assets, etc., before filing your petition. Even if your I-130 petition is approved by USCIS, the Embassy officer conducting the interview might deny the petition if not enough evidence is included in support of it. With a fiancee petition, the sort of evidence required is somewhat different. Rather than having to prove your marital relationship, you would need to prove that you are both legally able and intend to marry within 90 days of your fiancee's arrival in the US on a K-1 visa, as well as proof that you have met in person within the last 2 years, and any other proof of your relationship and intention to wed. Depending on your circumstances, it might be an easier burden of proof, especially if you have proof of going to China, meeting her family, photos together, receipts for engagement presents, etc. Once your fiancee arrives in the states and you marry, then you could begin the adjustment of status process for her with proof of marital union. Of course, the I-130 process is probably less expensive seeing as it only requires the government fees for that one form as well as any NVC/Embassy expenses, whereas with the K-1, you'll need to pay those fees as well as any adjustment of status fees in the future. Look at your goals and motivations and assess accordingly. For assistance in preparing a K-1, K-3, or I-130 package, please contact Amy L. Becerra, Esq.; amy@alblawoffice.com

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  • We sent the k-1 it but we didn't attached any pictures of any kind of proof of our relationship. Would be this a problem?

    My boyfriend sent the fiance visa aplication. But he didn't sent any kind of proof of us having a relationship. Is this gonna delay the process.?

    Amy’s Answer

    If no evidence of your relationship was sent with the petition then you can almost certainly expect an RFE. I would advise you to start collecting such evidence now so that you'll be ready to send it right away once the RFE arrives as you'll have a very short timeframe in which to respond. Be sure that, in addition to whatever evidence you have of your relationship (as well as your identities and nationalities if you did not include that either), that you both include signed statements regarding your legal ability and intention to marry within 90 days upon your arrival in the US on a K-1 visa. For assistance in preparing a response to a USCIS Request for Evidence, please contact Amy L. Becerra, Esq.; amy@alblawoffice.com.

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  • Unable to Obtain Police Record for I-129F Petition

    I am petitioning for a K-1 visa to bring my fiancee to the USA. For this petition, I am required to send certified copies of all of my police and court records to the USCIS even if those records were sealed or expunged. Well, I was arrested in Ric...

    Amy’s Answer

    I would go to the court (instead of the police station) where you were convicted (if such is the case) and ask for a copy of your records there. If none exist, then request the court clerk give you a letter or document stating that a search for the record has been conducted and either not found or was destroyed or whatever. I have yet to have a client who for some other reason have been turned away from a court without anything in hand, even if it's a mere statement on letterhead that no record exists or is available. If this does not result in anything for you, I would simply include a statement with your I-129F regarding the arrest (don't know if you were convicted also, if so, then mention), what the outcome was, and your attempts to obtain the record. If you've made your best efforts, I wouldn't worry about it too much as what USCIS is really after in a K-1 situation is whether or not you have a history of abuse or domestic violence and whether or not you'll be a threat to your foreign bride. IBest of luck! For assistance in preparing your K-1 visa application, contact Amy L. Becerra, Esq.; amy@alblawoffice.com

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  • I 751 removing condition - no decision after interview.

    Married in December 2005. Filled jointly for remov.cond. in Augut 2008 (join bank account, lease, car insurence, some cancelled checks, junk mail, bills in my or his name only with same address, pictures....etc). Husbands moves out to diff state ...

    Amy’s Answer

    Has your attorney been writing the local USCIS office director asking for a status update? I would continue to collect and keep evidence that you and your husband are legitimately married (if such is the case, I was a little thrown by your question about separating from him). I would continue to apply pressure for a decision. It has been my experience in more complicated I-751 petition cases that sometimes USCIS makes a decision on the matter and then doesn't inform the client/attorney of record, and then simply returns the A-file back to the national records center. Hang in there!

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  • Husband may have used me for Citizenship and is now in the Army just under 1 year and will not need me after year of service.

    My husband is now in the war. I have found that he is engaged in his home country. I believe he may have initially married me for citizenship but has joined the Army in the past year and is applying for citizenship through the Army. He is due to c...

    Amy’s Answer

    Your situation seems a sensitive one and, unfortunately, not the first time I've run into a woman who has been taken advantage of a foreign national long enough to enlist in the service and then use the armed forces as a bridge to citizenship. Unless you have reason to fear some personal problems as a result of speaking with the JAG, particularly if you are living on or near the base. You might consider that route or perhaps speaking with a trusted army wife of similar rank as your husband. I would consider speaking with a local attorney experienced in military divorce--not to suggest divorce necessarily, but to speak with someone who knows how the military will respond benefit-wise to a spouse in the middle of such proceedings. If you have reason to believe your husband has or is committing adultery abroad or not, this is an actionable cause under military law and something you might consider learning more about so as to get your husband's attention if he attempts some kind of action against you. If you truly believe that he has committed fraud in marrying you in order to gain an immigration benefit and that he is/was involved in an adulterous relationship or currently engaged to be (or perhaps already--particularly if he is from Africa where many countries have different customs regarding marriage) married, then you might consider writing an extensive letter (with whatever proof you may have, if any) to USCIS and ask that it be placed in his A file (you'll need his A# and any other identifying information you may have about him including his full name and date and place of birth) so as to possibly prevent him from gaining US citizenship through naturalization (as he must prove good moral character in order to naturalize). I hope this is helpful and that things improve for you, but definitely start educating yourself now and get as much information about the situation, your husband, and your rights, as you can!! Best of luck!

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  • How can i be removed as a sponser for immigration on my wife

    Hi, I married a women from egypt about three years ago, i brought her here to tampa at the end of last year. Things have not worked out I feel as if she married me just to come here, i filed for divorce which she signed but now she has left the ...

    Amy’s Answer

    While you may not be able to remove yourself from the obligation you assumed under the affidavit of support, if you are concerned about her obtaining US citizenship or wish to place some notice of her behavior in her alien file with USCIS, you might consider writing a letter to USCIS with information regarding her actions and your actual marital status. If you began divorce proceedings, or are in fact divorced, and did not join your wife in an I-751 petition to remove the condition on her resident status, then it is possible that she is not in the US in a legal status. Perhaps she is attempting to file an I-751 on her own based on a waiver alleging abuse on your part so that she can get the condition on her residence removed without your interference. If you already filed a joint I-751 in the past and she became a lawful permanent resident, then there isn't perhaps much that can be done immigration-wise unless she is involved in illegal behavior sufficient to initiate removal proceedings against her. Whatever the case, if you wish to contact USCIS to report her actions, you should have her A number, complete name, date of birth, and any other identifying and relevant information. I would save and/or forward copies of any police reports that show nothing happened and keep a record of any problems. Best of luck!

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  • What forms do I need to apply for my husband now in the US & step children abroad?

    I am an American citizen marrying an illegal immigrant, he has 2 daughters overseas. What forms do I need to fill out for him to request his change of status, obtain his work permit and move towards his residency/green card? What forms do I fill f...

    Amy’s Answer

    If your husband is an illegal immigrant, there is no guarantee that he may adjust status to that of a permanent resident, let alone file for his children to come to the US as residents. Before marrying, I would highly suggest consulting with an experienced immigration attorney as to whether your fiance is even eligible to apply for permanent residency even if married to a US citizen, so that you can both make the best decisions for your future family. Marriage to a US citizen does not necessarily guarantee a green card and applying for one when not otherwise eligible may result in a loved one being placed in removal proceedings and being forced to leave the country. If he is illegal, there is no form to "change status." Whether you will need to file an additional form and pay a fine in application for a waiver in conjunction with a permanent resident application is also a question an immigration practitioner can answer for you, as well as what your chances on prevailing in such an application are. Best of luck!

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  • Expired K3 Visa

    My wife has an expired k3 Visa from a previous marriage. first husband never filed the paper work- kept her isolated from the world . I.E. no phone ,Internet , or transportation. She has tried to self petition but they want a police report ( DUH...

    Amy’s Answer

    You don't mention whether or not you yourself are a US citizen capable of petitioning for your wife or whether you are a permanent resident. If you are a USC, then perhaps you might file an adjustment of status package with an I-601 waiver for any unlawful presence your wife may have accrued. Why have previous consultations suggested waiting for amnesty (which may or may not happen)?

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  • I130

    I filed a pitition for my brother & sister back in 2002. I also received a approval notice about six months ago. Any one knows how long is the wait time from this point??

    Amy’s Answer

    While predicting when a visa number will be available for other than immediate relatives, you can always check the latest visa bulletin available at the Department of State's website: travel.state.gov. For April 2010's F4 (Brothers and sisters of US citizens) category, you will see that visa numbers are current and available for all countries (including India and China, but not including Mexico and the Philippines) as of March 1, 2000. If your brother and sister are from Mexico, that date is December 8, 1995, or if from the Philippines, then September 8, 1987. Once your petition's date becomes current, then the rest of the process for your siblings' immigrant visa petition may be completed. Hope that's helpful!

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