I am in the process of filling out the I129-F to petition for my fiance to come to the US on a K1 visa. I am in the process of starting up a business which currently is not profitable. I have no other assets, except for money I am receiving from...
As my colleagues not, the I-134 is submitted to the consulate abroad when processing for the K-1 visa stamp, after approval of the I-129F.
It sounds amount of income is sufficient, though it's possible that they may look further into the source of income - a potential problem since it sounds like this income will cease to come in at a definite future date nd often spousal support ceases upon remarriage anyway -they may wish to see the final divorce decree or other documentation).
Hopefully, you will be able to demonstrate business income from your new venture by the time you need to submit the I-131.
Speak with an attorney for further guidance.See question
Hello, My change of status to F1 from H4 visa is approved on May 20th 2016. My application to H1b visa is also picked in lottery and I am waiting for approval. I know that when H1b is approved, the effective date will October 1st 2016. Thank...
If your change of status to H-4 has already ben approved, your status is now H-4 -no longer F-1. A future approval of a change of status to H-1B as of October 1 means that you will automatically change to H-1B ON OCTOBER 1. But, your status will continue to be H-4 up until October 1 when the H-1b change of status becomes effective.
Speak with a lawyer for further guidance.See question
We got a denial of K -1 visa. There is an age gap between us which is 20 years. We are planning to get married and apply for CR1.
I agree with my colleagues - denial of the K-1 could well be a "minus" but it depends upon the rationale for the denial (lack of belief that your relationship was "bona fide" (real) vs. simply lack of documentation of some other aspect of the case (for instance, financial support).
The denial may not be insurmountable, but you need to speak with an attorney for an evaluation of the reasons given for the denial and the likely impact on a future case, as well as the best path forward for a marriage base case and how to overcome the consulates initial concerns.
While a 20-year age difference may raise eyebrows, it doesn't absolutely prevent proof of a real relationship.
You definitely need to speak with an attorney before moving forward.See question
Presently I am working in Company A with H1B and Company B filed by H1B petition in normal process; recently I received the petition number. In company A, my project is going to end by this month and they are planning to file LCA to work in new p...
The filing of an LCA in itself wouldn't cause an issue with the pending company B change of employer petition. Hoever, the filing of an Amendment by company A, if approved after the Company B petition could cause an issue in beginning/continuing work with company B (though not one without a solution).
Speak with an attorney for further guidance.See question
Hi! Me and my girlfriend want to get married. I live in Sweden and she lives in USA, she is a citizen of USA. Our first thought was to apply for a K-1 (fiance visa) then marry in one year in the states. After which I stay in the states and appl...
I agree with my colleagues on all counts: first, that the most important thing is to schedule a consultation with an attorney to discuss the unique features of your own particular situation. Only then can the best roadmap for a case be assembled, based both on what's possible and what's most desirable for you both.
Certain general information can be provided here:
-The K-1 fiance visa route generally takes a month or two less than going straight to permanent residence by getting married before the process begins; you may get to the US slightly quicker but it would be longer before you were work-authorized, and longer before you would get the green card.
-Timing is difficult to predict and always has been, but we're in a period where USCIS seems to be getting dramatically slower on everything.
-From time of K-1 entry, you have 90 days in which to marry.
-You alone would be interviewed in Sweden for a K-1, same for straight-to-permanent residence.
-It generally takes about three months after the Adjustment of Status is filed (post-coming here on K-1 AND post-marriage) to obtain employment authorization; it would be difficult to get through the job application process here without having this in-hand. If you go the direct-to-marriage route, you may get here a bit later but are work authorized form the time you get here.
-After K-1 entry, marriage and Adjustment of Status filing, it takes the same three months as the Employment Authorization to get a travel document. You couldn't leave after K-1 entry until you receive this. so, figure on roughly four months from K-1 entry before you can work OR leave the US assuming you get married/file for adjustment soon after entry.
Best of luck, and speak with an attorney!See question
Married in March 2014 and husband got green card in October 2014.
As my colleague notes, you would have a three-month (90 day) window leading up to the expiration date of the current conditional card to file the petition to remove conditions. The I-751 would need to be filed at some point within that 90-day window. The actual grant date/expiration date of the current status is what counts for figuring this out.
If you've kept your address updated with USCIS, you should receive a reminder from them about the need to file this with the relevant dates.
Consult an attorney for assistance with your case.See question
I am here in USA since last 5 months on h1b but my employer did not paying any salary to me. He said salary would get paid when i get a project. But, now i am came to know that he processing our payroll in system but not paying us any paycheck an...
There is an "anti-benching" rule that says you must be placed on payroll within 30 days of entry in H-1b status (60 if you were already here and changed/amended status to H-1B to work for this employer), They aren't permitted to wait until you get a project.
It sounds like the employer may be creating a fake payroll to try to document compliance when they aren't actually complying.
With regard to actually getting you paid, this may be more of an Employment and Labor Law issue than immigration - but the situation your describe certainly violates the attestations your employer made when filing the Labor Condition Application with the Department of Labor. You can certainly complain to the Department of Labor.
Seek the guidance of a qualified attorney.See question
I am on H1 visa and my Green card process has not yet started by my employer. My spouse is on H4 Visa. A big US company is willing to offer her a job, does she any options to get Work Visa considering - H1 for this year is already over. - Can'...
You're correct that neither the H-1B nor a spousal H-4 EAD appear to be near-term options.
I would suggest she/her employer consult with an immigration attorney directly to see if some other work visa might be a possibility here. Much depends upon her background, nature of the job offered, country of nationality, etc.See question
I am currently working in the US as a architectural designer and is applying O1 to continue working here. I understand O1 is a much more stringent visa and worried if I don't get approval it will affect my chance working or traveling to the US in ...
I agree with my colleagues - while a denial may need to be disclosed on certain future applications, it doesn't prevent you from approval for any other status for which you qualify (including a later O-1 with additional documentation).
O-1s are complex cases and you would definitely want to seek the guidance of an attorney in preparing this, if you haven't already.See question
i am married to a man and petitioning for him to get a green card. We are married for over a year and waiting for first interview. We filled out all required documents through one attorney. I want to drop petition and possibly get a divorce. My fr...
I would argue the attorney represents both of you for the purpose of this filing (who paid doesn't necessarily control who an attorney legally represents).
This means the attorney can't do anything which favors one of you over the other/disadvantages either of you. An attorney who handled the original petition shouldn't be helping you withdraw, but also shouldn't be helping your husband try to move forward without your support (absent your permission). You would want to get advice from a separate immigration attorney here. I strongly recommend consulting one.See question