Visa FAQ
How long will it take aiexplained.com to start working on my petition?
We'll begin immediately after receiving your information packet.
Do I need to fill out any forms for the USCIS?
No, we will fill out all the forms for you mistake free.
Should I hire an attorney?
You can if you wish to pay more for a visa and adjustment of status. The attorneys cannot get your petition approved any faster than any one else even though they may say they can. Fact is the USCIS will not accept additional fees to expedite your approval. We are visa specialists trained by attorneys to give you superior service at a reasonable price.
How will I know if my birth certificate or divorce decree is sufficient?
We will inspect all documents to verify compliance with USCIS requirements.
Can I do this myself by use of a visa kit?
The USCIS paper work process is very complicated. If your forms are not prepared correctly you can expect long delays and possible denial of your petition. In some cases relationships will suffer. Fiancee or spousal kits are not a suitable replacement for expert service.
How will I prove I met my Fiancee?
We'll work with you to ensure that the evidence of your relationship clearly supports your petition.
Do you send in original birth certificates, passports?
No, good clear copies are acceptable.
Where do you get documents notarized?
Bank, Credit Union, Real Estate offices generally have a notary.
How do you know when your petition is approved?
The U.S. citizen will receive I-797 Notice of Action from the U.S.C.I.S. which is the approval notice.
How long is K3 status good for?
Two years after entry in the United States.
If I am a permanent resident, not a U.S. citizen can I apply for a K1 or K3 visa?
No, you must be a U.S. citizen.
Do you have to have a religious marriage ceremony to be considered legal?
If the marriage is considered legal in the country it was performed, the U.S. will consider it legal. It does not matter if the marriage was a civil or religious marriage.
How long after approval of the petition does my fiancee wait to get the paper work from the National Visa Center?
This can take some time. The U.S.C.I.S. will send the approved petition information to the National Visa Center for transmittal to the Consulates. The Foreign consulate will forward the paper work to the consulate nearest your fiancee.
The following questions depend on your circumstances:
How do I know if I should submit a fiancee or a spousal visa? How does one obtain permanent residency status?
What do you need to file for a fiancee visa?
You must be a U.S. Citizen. Permanent residents of the U.S. are not allowed to obtain fiancee visas. You must have met your fiancee in person in the last two years. He/she cannot obtain a visitors visa to visit the U.S. you will have to go to her country to meet her.
How long does he/she have to come to the U.S. after receiving the fiancee visa?
He/she will have six months to come to the U.S. on a fiancee visa. Once they are in the U.S. you will need to marry with in 90 days. If you do not marry with in the 90 day time limit he/she will have to back to their country. You can file for a fiancee visa again in the future if the requirement of the 90 days is not met for any reason.
Why shouldn't I do the paper work myself?
The general feeling of the fiancee visas inside the USCIS is negative. They don't always turn down visas, they use any minor error or omission in the competition of the paper work submitted to them, they hold on to the paper work for months and then return it with a cover sheet telling you what you did wrong or didn't complete. We know what is required and expected by the USCIS to avoid delays.
Why does the USCIS look for ways to prevent fiancee visas?
USCIS officials think that the fiancee visas are sham relationships, created to get around they system. If they can find an excuse to return your petition for correction or investigation, they are perfectly with-in their rights to do so and are not subject to any criticism. Their goal is not turn down the fiancee visas but to stall and delay the approval long enough so that one or both of you will give up. The usual result is that the fiancee becomes convinced that his/her American fiancee is not serious about marrying and the engagement ends.
Should I apply for a tourist or other type of visa?
If your fiancee is under the age of 40 years old and never been to the United States or Western Europe he or she will most likely only qualify for the fiancee visa. The chances of he/she obtaining another type of visa is very small. There have been many attempts to get business visas, medical visas, educational visas and others all have failed. Not only did these attempts fail but they increased the time it took to get their fiancees to the U.S. It made it much more difficult for their fiancee's to obtain the fiancee visas.
Why did the USCIS create the spousal visa?
In August 2001, they created the spousal visa to help delay long waiting periods for the foreign spouse to immigrate into the U.S. It was almost always a mistake for an American Citizen to marry overseas and then petition to immigrate his foreign bride. It did take up to two years or more to process the immigrant spousal visa. The new K3 spousal visa regulations have helped to shorten the processing time for a spousal visa from years to months. The processing time has been reduced however it still takes several months to process the K3 spousal visa. Even though you are married the USCIS and the US Consulates believe a lot of foreigners want to obtain a green card and live in the U.S. permanently. Immigration officials do not want foreigners to immigrate married or not. Your case is the same as any other case and will be examined in detail.
Can I petition for his/her children to come to United States?
If children are over the age of 18, an overseas marriage to a child's parent will deny that child the ability to obtain a green card. It is possible for the child to obtain a K4 visa, but child will not be able to obtain a green card as a dependent of the mother. The basis for the child's green card would be the step parent relationship of the American Citizen, but that relationship must be established through marriage before the child's 18th birthday. When the mother enters the US on a K1 fiancee visa it is possible for the unmarried child under 21 years of age to obtain a K2 visa and later a green card.
What is permanent residence?
If your fiancee intends to live and work permanently in the United States, your fiancee should apply to become a permanent resident after your marriage. If your fiancee does not intend to become a permanent resident after your marriage, your fiancee or spouse must leave the country with-in the 90 day original nonimmigrant admission. Your fiancee will initially receive conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage relationship is less than two years old at the time of adjustment to permanent residence status.
Will my fiancee be able to get a work permit?
After arriving in the United States your fiancee will be eligible to apply for a work permit. The USCIS may not be able to process the work permit in the 90 day time limit for your marriage. If your fiancee applies for adjustment to permanent resident status, your fiancee must apply again for a new work permit after he/she is married.