Wednesday, May 13, 2009

US Immigration Tips For Couples

For dual nationality couples, a major concern is obtaining a visa so that one o the partners can come to the United States. Although some couples choose to retain an immigration lawyer, others choose to file their I-129f petition without the assistance of counsel.

These tips are intended for those filing their K1 Fiance visa petition on their own. As with anything regarding US Immigration, being prepared ahead of time will save time and trouble in the later phases of the process.

1. Know Where to File the Visa Petition:

The USCIS service center where one needs to file the petition depends upon where the US Citizen Petitioner resides in the United States. Going to the USCIS website and doing the research about what location to file the petition will be beneficial because filing the petition at the wrong service center could lead to needless delay.

2. Gather the Proper Documentation:

Compiling all of the necessary documentation up front will save a great deal of wasted time down the road because the USCIS service center will not need to send out an RFE (Request for Evidence). Forestalling an RFE can greatly expedite the visa process.

3. Obtain Translations Where Necessary:

For some couples translated documentation is unnecessary because the foreign partner's home country uses English in their official documents, but in countries in which English is not the official language or mother tongue it may be required to obtain certified translations of documents. Failure to obtain translated documents could result in an RFE or 221g (A 221g refusal is a refusal by the US Embassy to issue a visa without further documentation it is somewhat similar to an RFE).

4. Maintain Communication with Your Fiance:

This is more of a personal tip than a tip that deals directly with immigration issues, but it is no less important than any of the other tips here. One of the biggest causes of frustration and delay stems from failure to communicate on the part of those seeking the visa. Partners need to maintain communication in order to facilitate faster document gathering and lessen frustration because when delays in the process are explained the problems have a tendency to seem less insurmountable.

5. DO NOT lie to the US Government:

In some situations one of the partners will have an issue that they do not wish to disclose to USCIS or the Embassy. It is NEVER a wise idea to lie about anything with regard to US Immigration matters. This also goes for ones intent with regard to a visa. It is considered immigration fraud to lie about one's intentions with regard to US Immigration. Therefore, one wishes to bring a fianc?to the US for marriage then a tourist visa should not be used because that visa is non-immigrant and one should not have immigrant intent when using it.

Note: This article is for general informational purposes only and should not be used as a substitute for individual advice from a competent licensed attorney. No attorney-client privilege is created by reading this article.

Benjamin W. Hart is an Immigration Lawyer with Integrity Legal Ltd. He currently works in Thailand where he assists in facilitating immigration matters for Thai-American couples. To learn more please see K1 visa or US visa

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