K1 visa Warning

Although this is quite rare it should serve as a warning to those engaged in long distance overseas relationships. K1 fiancee visa clients should really take their time before sending money to their new love. Look for the warning signs noted in this article and be aware. I'll see if I can dig up a few other articles that talk about K1 visa fraud and oversea romance problems.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/10/25/BAG78LVGRI1.DTL

K1 Visa Scam

Here's a quick story about what got IMBRA started in the first place:

http://www.columbian.com/news/localNews/06302006news39936.cfm

In my practice at www.k1visalaw.com , I hear about stories like these too often. People trying to game the system, take advantage of both sponsor and fiancee alike and end up costing thousands of truly loving couples untold time and money. I'm glad that they were caught and will spend time in prison. Hopefully USCIS and ICE continues to focus on the fraudulent rings of K1 and K3 visas and will speed up the process for the legit couples.

Requests coming out

Thought I'd give a quick update to those affected by the IMBRA recall and RFE. All 4 service centers have started to send out the requests for more information letters (RFE's). Its a 3 page letter asking about your previous criminal history and whether you met through an international marriage broker. Note: BE CAREFUL on how you answer the marriage broker question and be sure to read THEIR definition as it may differ from what you think it means. Also, read their instructions carefully and make sure you totally comply or your risk further delay. Otherwise, its good news to see USCIS moving and the letters coming out. With a 10,000+ application backlog it will still take awhile to get fully back to speed. No news yet on the court efforts to stop IMBRA and its effect on the finacee visa.

USCIS issues new I-129F for K1 visas and K3 visas

Good news to those who have been waiting for some action at USCIS after the IMBRA shutdown. Today USCIS issued the new I-129F form for fiancee visa's (k1 visas). You can find the new form here: http://www.uscis.gov/graphics/formsfee/forms/files/I-129F.pdf I'm glad to see things are moving again at USCIS. With a 10,000 file backlog its not clear how long it will take to get all this cleared out, but things are moving. Also you can view the PR notice the USCIS sent out awhile back regarding the process: http://www.uscis.gov/graphics/publicaffairs/statements/imbra_061306pn.pdf

K1 Visa Recall and its effects

Well I'm not surprised that this happend, but on May 6th the U.S. State Department issued a recall of all approved K1 visa whose NOA date was on or after March 6, 2006. This will delay all approvals and likely throw the entire process in a slight case of choas for awhile. For those approved I would suspect that it will add 1-2 months of delay before the interviews can be scheduled. For those that applied but have not been approved, I think another 2-3 months on top of their old wait times will likely be the case.
Here is a link to the DOS notice regarding the recall of the K1 fiancee visa's: http://travel.state.gov/visa/laws/telegrams/telegrams_2927.html

Now the good news; the USCIS has finally started to move. They have a draft of the new I-129F form that all new pets. will have to use when filing for their K1 fiancee visa. Here's a link: http://www.uscis.gov/graphics/formsfee/forms/pra/i-129f-draft.pdf NOTE THIS IS A DRAFT do not rely on this form. I would suspect that this will be approved within the next 30 days and things will slowly get back on track.
One can note all the extra questions on criminal background. If you find any of these apply to you, then it is probably a good idea to start getting those records ready.

Return to Sender: New K1 fiancee visa law takes effect

Here's an quick release on a new law that effects the K1 fiancee visa program and folks who meet through marriage brokers. This take is from a fellow K1 visa lawyer: http://www.prweb.com/releases/2006/2/prweb348998.htm

While this law doesn't effect the majority of my K1 clients it does provide pause as to the future of this successful program. I hope that congress doesn't build on this law and make it more difficult for citizens to meet and marry foreign nationals. We'll have to see what shakes out, I do know that other K1 lawyers and those who do it themselves need to be informed of this change.

Good Valentine K1 Fiancee Visa story

In my practice at http://www.k1visalaw.com I hear all the pre-wedding issues, visa's, waivers, interview prep,etc. After the visa is issued I don't always expect to hear how the clients made out she got into the U.S. In the media we usually only hear about how the K1 is a scam (see yesterday's post) or some evil portion of the sex slave business. So today I thought it would be nice to bring you something from about a week ago to show how the K1 works out 95% of the time. Good for them: So Keiko Arakane, 29, an account manager from Tokyo, and her sweetheart, Steve Wozniak, also 29, a Navy electronics technician aboard the submarine Los Angeles, showed up at the second-floor office of Hawaii Civil Marriages' Kakaako location during lunch yesterday to say their "I dos," sans rings. http://starbulletin.com/2006/02/15/news/story03.html

Off on trip, I'll try to update when I get back.

Differing viewpoints on the K1 fiancee visa

From a newsletter:

When I heard “fianceé visa,” I was immediately skeptical. But the story sounded plausible. Since Abby is a nice kid, I wanted to give her the benefit of the doubt. But before long, my suspicions were confirmed. http://www.vdare.com/guzzardi/fiancee.htm

I thought today it would be good to show some examples of alternative views on the K1. It also goes to show that everyone, clients, attornies, agencys need to be careful to make sure what we do is for legimate love and not something unethical. I apprciate this guys candor and can't say that some of his thoughts concern me as well during my practice.