The fiancé (K-1) and spouse (K-3) visas in the United States are options for U.S. citizens who wish to bring their partners from abroad to the country.
K1 Visa (Fiancé Visa): Allows U.S. citizens to bring their fiancé(e) to the country before getting married. It’s necessary to demonstrate that the couple has met in person at least once before the arrival of the fiancé(e) in the U.S.
K3 Visa (Spouse Visa): Designed for U.S. citizens with spouses abroad, this visa allows bringing the partner to the U.S. temporarily.
Removal of Conditions: In cases where conditional permanent residence is obtained through marriage, it’s crucial to file a petition to remove the conditions before the conditional green card expires.
Investment visas in the United States offer foreign nationals the opportunity to live in the country through significant investments. These visas are mainly divided into two categories: E1 (Treaty Trader Visa) and E2 (Treaty Investor Visa).
E1 Visa (Treaty Trader Visa): This visa is designed for citizens of countries with which the United States has specific trade treaties. It’s applicable to individuals who wish to work in the U.S. to conduct significant trade between the U.S. and the treaty country. To qualify, the applicant must be a citizen of a treaty country, the trading firm must have the nationality of the treaty country, and more than 50% of the trade must be between the U.S. and that country. Additionally, the applicant must hold an executive or supervisory role.
E2 Visa (Treaty Investor Visa): The E2 visa is targeted at citizens of countries with which the U.S. has trade and navigation treaties. It’s for those planning to enter the United States to direct the operations of a business in which they have invested a substantial amount of capital. This visa is particularly suitable for investors wishing to play an active role in managing their investment in the United States.
Both visas have key differences in terms of eligibility and purpose. The E1 visa is more focused on international trade, while the E2 facilitates the entry of investors into the U.S. market. The choice between an E1 and E2 visa will depend on the applicant’s role and intentions.
Application Process: For both visas, the Form I-129 must be completed, the corresponding fee paid, and the necessary documentation that supports the application provided.
The TN visa, under the North American Free Trade Agreement (NAFTA), is a specific option for citizens of Mexico and Canada seeking to work in the United States.
Eligibility: This visa is available to Mexican and Canadian citizens who are qualified professionals, such as lawyers, engineers, scientists, or educators. It’s important for the applicant to have a job already arranged with a U.S. company.
Features of the TN Visa: One of the unique advantages of the TN visa is that it doesn’t require employer sponsorship. Additionally, this visa allows living and working in the U.S. for up to three years, with renewal options that can be repeated indefinitely.
Application Process: Although the process is simpler compared to other work visas, it’s important to meet all requirements and submit the appropriate documentation.
Family visas in the United States allow citizens and legal permanent residents to sponsor family members for immigration. This process is a fundamental pathway for family reunification and varies depending on the family relationship.
Sponsorship: A U.S. citizen can sponsor their spouse, children, or parents, while a permanent resident can do so for their spouse or children. The U.S. government prioritizes certain family relationships, especially immediate relatives of U.S. citizens.
Types of Family Visas: There are different categories of family visas, including green cards for spouses, children, and other close relatives. The process can be complex and requires meeting various requirements, such as the age and marital status of the sponsored individuals.
Application Process: The process involves filing petitions, meeting specific requirements, and possibly adjusting status or consular processing. The closeness of the family relationship significantly influences the chances of obtaining a family visa.
As an immigrant who received bad legal advice, Fernanda Inegol of Barba Inegol Law Firm PLLC knows how having the right attorney can make all the difference in the world. Fernanda opened her firm with the intention of helping clients throughout Texas. She clearly explains the options you are facing and can provide you with all of the guidance you need. She has built a reputation for being informative and professional. After reading through the list of frequently asked questions below, schedule a consultation to discuss your own concerns today. You can call her San Antonio office at 210-475-3963 or fill out her online contact form to schedule a consultation. She is fluent in Spanish, Turkish consults are available upon request.
Where can I see my immigration case status?
Regardless of your immigration matter, you can always check on your case status online through U.S. Citizenship and Immigration Services. Fernanda can better help you understand where you are in the process and what your status means.
How has COVID-19 affected processing times and embassy availability?
Coronavirus changed everything. The embassies and consults have felt the strain and have caused a delay. However, they are slowly starting to tackle their backlog. Fernanda will keep you up to date on any changes in your case and always aims to resolve things as quickly as possible. The U.S. Department of State also has information about visa appointment wait times.
How long does it typically take to get a green card?
Depending on your situation, it can take anywhere from seven months to 33 months to complete the immigration process. As previously mentioned, Fernanda prioritizes communication and efficiency. Having a lawyer who can make sure the necessary forms are filled out properly is essential.
What are the requirements for filing for citizenship?
In order to avoid being deported, it is important that you file for citizenship correctly. To start, you must meet several requirements. You have to be 18 or older, be a green card holder for at least five years, show continuous residence for five years at the time of your application and prove you have been physically present for three years. Furthermore, you have to be a person of good character; read, write and speak English; pass a U.S. history test; respect the U.S. Constitution and swear an oath of allegiance to the United States.
How long does it take for USCIS to process an I-9 form?
It is important to know that employers must complete section 2 of the I-9 form within three days of the date of hire. Once the form has been sent, it usually takes U.S. Citizenship and Immigration Services one business day to complete the process. Fernanda can make sure the information is properly filled out and sent off within the appropriate timeframe.