SURVIVING SPOUSES OF U.S. CITIZENS

In the unfortunate event that a U.S. citizen spouse dies before being able to file documentation to legalize their alien spouse, there may be options.  For many years, aliens in this regrettable situation were in a sad form of legal limbo.  In 2009, the U.S....

WAIVER OF THE K-1 VISA TWO-YEAR MEETING REQUIREMENT

There is an exception to the two-year meeting requirement in instances where both parties cannot meet because of either extreme hardship or due to a long established custom.  8 C.F.R. §214.2(k)(2). USCIS is granted wide latitude in determining whether to waive the...

I-751 REMOVAL OF CONDITIONS

Individuals who have been granted lawful permanent residency through his or her spouse, and within two years of entering the marriage, are usually deemed to be “conditional” permanent residents. Under the law, conditional permanent residents must follow a...

CONTACTING THE U.S. CONSULATE ABROAD

Nearly every case for a visa is ultimately decided within a U.S. Consulate abroad, sometimes referred to as a U.S. embassy.  Each Consulate processes cases differently; nevertheless, the Consulate will eventually communicate with the parties at some point.  The way it...

THE CONSULAR INTERVIEW

Problems can arise at the Consular interview that can be fatal to attempts to obtain a visa. In filing for a k-1 fiance for instance, determinations by a Consular official that the beneficiary is seeking the visa to enter the U.S. rather than for the sole purpose of...