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  • Coane and Associates,PLLC 3:56 pm on October 25, 2012 Permalink | Reply
    Tags: , K-1 Visa, Visa adjustment   

    K-1 Visa Adjustment of Status and the Affidavit of Support 

    eA very common issue with K-1 visa holders, is whether they need an affidavit of support when they apply for adjustment of status in the USA. After-all, they would have provided an affidavit of support to the USA Consulate at the time that they were applying for the K-1 visa.

    K-1 visa holders must marry their fiance within 90 days of entering the USA. Thereafter, they can file for adjustment of status from the K-1 visa to a green card. The immigration service in the USA will require another affidavit of support with the I-485 form. The question is what to do if the parties are separated or divorced, and the immigrant cannot get another affidavit of support.

    Recently, in the case of Matter of Sesay, the Board of Immigration Appeals (BIA) confirmed that an immigrant can still get a green card even if they are no longer married to the USA citizen sponsor.. What the BIA did not discuss, is what happens to the requirement of the affidavit of support.

    I have had several clients come to my office after entering on a K-1, getting married and divorced, and having their adjustment denied because they had no new affidavit of support. In one case, this month, the immigration service actually approved my client’s green card, even with no new affidavit of support. Fortunately she had a copy of the affidavit of support that was presented at the USA consulate when she got the K-1 visa. That was not enough initially , however, as the immigration service previously denied her adjustment case when she could not provide a NEW affidavit of support. I convinced them to reopen that case, and they approved it.

    I have another K-1 adjustment case in Immigration Court with the same exact issue. Hopefully the immigration judge will agree with me, or the government lawyer will withdraw their demand for a new affidavit of support. In the end, however, the purpose of the affidavit of support is to prove that the immigrant will not become a public charge. You would think that the original affidavit would be enough, or that other evidence would be sufficient to allow fiances to get the green card to which they are entitled under the law.

    __________________________________________________________________________________________________

    About the author: Bruce Coane is an attorney who specializes in labor and employment law and immigration law, with offices in Florida and Texas. He may be reached at bruce.coane@gmail.com, 713-850-0066 or 305-538-6800.

     
    • Troy 9:02 pm on October 25, 2012 Permalink | Reply

      Idiots. The affidavit of support is still in legal effect notwithstanding divorce.

    • Coane & Associates 9:11 pm on October 25, 2012 Permalink | Reply

      We didn’t say it quite that way to the service center, but they rejected that idea and denied the adjustment of status. I’ve seen the same thing on other cases, demanding a new 864, or denying the 485 when you don’t produce it.

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    • Bruce Coane 1:14 am on April 22, 2014 Permalink | Reply

      I am Board Certified in Immigration Law by the Texas Board of Legal Specialization, and available to help on immigration matters throughout the United States and around the world. For appointments call 713-850-0066

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  • Coane and Associates,PLLC 3:55 am on November 6, 2010 Permalink | Reply
    Tags: , fiance visa process, top 5 reasons to hire an immigration lawyer   

    Can you bring your foreign fiancé to the US for marriage? 

    Congratulations — You are newly engaged and planning to bring your foreign fiancé to the United States for marriage. You’ve done some research, and you downloaded the Form I-129F, Petition for Alien Fiancé. You’ve done your Internet research: Wikipedia, free online resources, case law, advice from friends and family, and the list goes on. You may be thinking, “This looks easy, maybe I should just do it myself. It will save me money”. Sure you can do it yourself and save money, but you do really understand the complex process? On paper it looks simple, but wait, the buck stops here.

    There are many compelling reasons to hire an immigration lawyer to handle your fiancé visa.

    Here are the top 5:

    1. Immigration Lawyers Know the Law
    U.S. Immigration law is complicated, even for some lawyers. Also, the rules are constantly changing, and it helps to have someone who is up to date on the latest laws and statutes.

    2. An Immigration Lawyer Can Represent You
    Only a licensed lawyer can represent you before the United States Citizenship and Immigration Services (where the fiancé visa petition is filed), the National Visa Center (where the name checks are conducted) or at the U.S. Embassy or Consulate (where your fiancé will be interviewed and the K-1 visa will be issued).

    3. An Immigration Lawyer Get Things Done Faster
    If you choose to prepare your own fiancé visa petition, you will quickly realize there are a number of forms required. You may have to stop frequently to do more research. An experienced immigration lawyer will prepare your fiancé visa petition quickly and correctly.

    4. An Immigration Lawyer Can Prevent Costly Mistakes
    There are multiple rules regarding your fiancé’s ability to travel to the United States during the fiancé visa process. For example, if your fiancé is issued a K-1 visa, they must use it to enter the U.S. and not any other visa and you must marry within a specified period of time. Mistakes in this regard can result in you having to start the fiancé visa process all over again (including paying the fees) or your fiancé being unable to remain in the U.S.

    5. An Immigration Lawyer Can Prevent Lengthy Delays
    Out of all the reasons for hiring an immigration lawyer, this is the most compelling for many engaged couples. According to the Office of Immigration Statistics, approximately 40 to 60% of all fiancé visa petitions filed every year are not approved. Thus, an experienced, knowledgeable immigration lawyer can prevent any lengthy delays and give you peace of mind.

    If the USCIS finds some technical mistake or omission in the paperwork you submitted to them, they will send you a formal letter (also known as a Request for Evidence or RFE) telling you what you did wrong. This form will often be sent several months after you originally filed your petition. Often, when you submit the required correction, they will again wait several months and again return the forms to you with another cover-sheet informing you of a second technical error or omission. Even writing N/A in a box can result in an RFE. Each RFE may add about six more months to the process.

    Call us at Coane & Associates at 713-850-0066 (Houston) or 305-538-6800 (Miami) today for a consultation with one of our experienced immigration lawyers. Also, visit us on the web at http://www.coane.com.

     
    • Emily 1:20 pm on November 6, 2010 Permalink | Reply

      That’s some good info to remember. Thanks.

    • William 3:18 am on November 8, 2010 Permalink | Reply

      Mr. Coane, what is the fee for bringing my fiance to the US from the Malaysia?

    • Walter Chandler 12:58 am on November 10, 2010 Permalink | Reply

      My girlfriend lives in China. How difficult would it be to bring her to the the USA? I plan on marrying her, but not until early next year. What’s the process and how complex is it really? Do you charge an hourly fee or a flat rate fee? I currently live in Austin and but have a house in Houston. However, our permanent residence will ultimately be in the Woodlands area. Thanks, Walt

    • Fiancé Visa Attorney 9:02 am on June 15, 2011 Permalink | Reply

      I always admire the way you present your blog site posts.They are always so informative and neatly placed with the simplest of words used.Thanks a lot for sharing.

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