The US government is only granting DACA renewals, but you can still submit a new DACA application to hold your place in line.

K-1 Fiance Visas

What Does the USCIS Case Status “Case Was Denied” Mean for My Form I-129F Application?

Written by Jonathan Petts

If you see “Case Was Denied” as your USCIS case status online, it means that U.S. Citizenship and Immigration Services (USCIS) has received and reviewed your Form I-129F and decided not to grant you a K-1 fiancé visa. If USCIS denies your case, it will mail you a denial notice explaining why. It can be disheartening to go through months of processing for a fiancé visa only to have your case denied. If this happens, you may want to get legal advice about the next steps. If you decide to appeal your case, we can refer you to a good immigration attorney for help.

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What Does the USCIS Case Status “Case Rejected” Mean for My Form I-129F Application?

Written by Upsolve Team

The USCIS case status “Case Rejected” means that you didn’t file your K-1 fiancé visa (Form I-129F) correctly, so U.S. Citizenship and Immigration Services did not review your case. If USCIS rejects your case, it will return your original filing fee. To have your case reviewed, you’ll need to fix the issue that caused the rejection. Common issues that lead to rejection include filing the incorrect form version, paying an incorrect fee amount, and not signing a form. If you see the “Case Rejected” status on your USCIS account, you’ll need to refile your application and pay your filing fee to move forward with your immigration application. If you aren’t sure how to correct the mistake after reading this article, you may want to contact an attorney for help with your case. We can refer you to an experienced immigration attorney for a free consultation.

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Same-Sex Couples and Marriage Green Card Applications: Common Questions and Concerns About the Process

Written by Jonathan Petts

Same-sex couples must be treated equally under U.S. immigration law thanks to the U.S. Supreme Court's ruling in the United States v. Windsor case, which struck down the Defense of Marriage Act. Even further, in 2015, the Supreme Court ruled in Obergefell v. Hodges that every state be required to issue marriage licenses to same-sex couples. Following both Supreme Court rulings, gay marriage is legal in every U.S. state. Accordingly, the United States Citizenship and Immigration Service (USCIS) will view same-sex marriages the same as opposite-sex marriages in deciding on family green card applications. USCIS will not factor in the spouses' genders or biological sexes in making visa application decisions. Same-sex spouses of U.S. citizens and lawful permanent residents are welcome to apply for marriage green cards, just like heterosexual couples. However, gay and lesbian couples do face some unique challenges in applying for a marriage green card. This article discusses these challenges and explains how to address them.

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What Is the K-3 visa?

Written by Jonathan Petts
Updated August 22, 2022

If you are the fiancé or spouse of a U.S. citizen or lawful permanent resident, there are a handful of visa options for you to join your partner in the United States. There are both fiancé visas and green cards available for foreign partners and spouses. The K-3 visa is an option that may be available to you as the spouse of a U.S. citizen, but not many immigrants opt for it. This article is a guide to the K-3 visa. It explains what the visa is, whether it's a good idea to get it and why many don't, and how to apply for the visa if you choose to.

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K1 Fiancé Visas vs. Marriage Green Cards: What Are the Differences?

Written by Jonathan Petts

U.S. citizens who would like to marry their foreign fiance have two options to bring their partner to the United States: a marriage green card (spouse visa) through Consular Processing or a K-1 fiance visa. U.S. green card holders may not apply for a K-1 Visa. The main differences between a K-1 fiance visa and a marriage green card are their timing, location, and cost. The K-1 visa is often the quicker option for international couples. It takes 9-15 months and costs $800. With this visa, the couple can begin life in the U.S. immediately after their wedding. They will still have to apply for a marriage green card for the foreign spouse to stay in the U.S. The process of adjusting status from a K-1 fiance visa to a marriage green card takes 4-6 months and costs $1225. Consular marriage green cards (spouse visas) are issued after the couple is married outside of the U.S. The consular marriage green card application process takes 11-32 months and costs $1,210. The foreign spouse cannot move to the U.S. until the U.S. Citizenship and Immigration Service (USCIS) approves their green card application. Choosing between a K-1 fiance visa and a spouse visa can be tricky, but this article is here to help!

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What Supporting Document Do You Need for a K-1 Fiance Visa?

Written by Jonathan Petts
Updated October 19, 2022

If you are a U.S. citizen, you can sponsor your fiance for a K-1 Fiance Visa. A K-1 Visa will allow your fiance to travel to the U.S. to marry you and then apply for a Marriage Green Card through adjustment of status. Permanent residents (Green Card holders) cannot apply for K-1 Fiance Visas. U.S. Immigration law requires K-1 Fiance Visa applicants to submit supporting documents to the U.S. Government when they apply for a K-1 Visa. This article provides checklists of the supporting documents you will need to collect for each of the three steps of the K-1 Fiance Visa application process.

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What Happens at a USCIS Biometrics Appointment?

Written by Jonathan Petts

The U.S. Citizenship and Immigration Service (USCIS) requires a biometrics appointment as part of many applications for immigration benefits. This is sometimes called the "fingerprint appointment." At the appointment, the U.S. government will take your fingerprints, pictures, and signature. These are used to run a background check and for identification purposes. Usually, USCIS will schedule a date and time for the biometrics appointment for you, but something you have to schedule it yourself. If you have a conflict, you can attend your scheduled biometrics appointment early or reschedule it for a later, more convenient time. But it’s best to attend at the scheduled time whenever possible. This article explains what happens at a biometrics appointment, how you should prepare for it, and what you should and should not bring along to your appointment.‍

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How Long Do Immigration Applications Take and What Should I Do if Mine Is Taking Too Long?

Written by Jonathan Petts
Updated November 14, 2022

Many factors affect the time it takes U.S. Citizenship and Immigration Services (USCIS) to process immigration applications, including the type of benefit you’re applying for and which USCIS service center or field office is processing your forms. This article covers the factors that affect immigration application processing, how to check your case status throughout processing, and what to do if your application is taking longer than the average processing time.

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How To Get a K-1 Fiancé Visa: A Step-by-Step Guide

Written by Jonathan Petts
Updated October 2, 2022

A K-1 fiancé visa is a type of nonimmigrant visa that allows a U.S. citizen's fiancé to enter the U.S. to get married. Once the couple gets married in the United States, the foreign fiancé can apply for a marriage green card in the United States. That process is considerably faster than applying for a marriage green card abroad through consular processing. Applying for a K-1 visa can also be a good option if your U.S. citizen fiancé cannot travel abroad to get married. Getting a K-1 visa costs $800 and usually takes 12-15 months. Adjusting status to a marriage green card from a K-1 visa costs $1,225 and takes an additional 4-6 months. This guide explains everything that you and your fiancé need to know about the process.

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CR1 and IR1 Visas: An Overview of Spousal Visas

Written by Jonathan Petts
Updated September 1, 2022

CR1 and IR1 visas are for spouses of U.S. citizens or lawful permanent residents who want to travel and move to the United States. If an IR1 or CR1 visa is approved, you can apply for a marriage green card and become a lawful permanent resident (LPR). The following guide is an overview of these visas, how to apply for one, and what happens after you get approved.

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When Is a Proxy Marriage Valid in an Immigration Case?

Written by Jonathan Petts
Updated September 1, 2022

A proxy marriage occurs when one or both partners are not physically present for the marriage ceremony. Instead, a stand-in takes their place for the ceremony. Proxy marriages are legal in some U.S. states but not in others. This article will discuss how to ensure your proxy marriage is legal under state law, when your marriage is considered legal for immigration purposes, and alternatives to proxy marriages that may make more sense for you, depending on your immigration circumstances.

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