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        Introduction

If you are a U.S. citizen engaged to a foreign citizen and you are considering marriage, the K-1 visa is likely your best choice for bringing your fiancee to the U.S. to live permanently with you (in fact, it was created exactly for persons in your situation). The K1 Visa allows you to invite your fiancee to America for a period of 90 days, during which time your fiancee must either marry you or return to her home country. No extensions of the time period are permitted. You and your fiancee are not required to marry if things don’t work out according to your expectations. If you do not marry your fiancee, you will not be precluded from making a future Fiancee Visa application (although you will have to file an IMBRA waiver if you want to file within two years of the first petition’s approval). Your fiancee will not be precluded from receiving another visa in the future.

Permanent residents of the United States are not eligible to file for a K-1 visa.

        Criteria for Approval

In order to qualify for a Fiancee Visa, you must meet the following main requirements:

    * You are a U.S. citizen

    * You have met your fiancee within the previous two years

    * You and your fiancee are both legally free to marry

    * You and your fiancee both have a serious intention to marry within 90 days of your fiancee’s arrival in America.

        Meeting Requirement: Exceptions

There is a provision in the law that may exempt the petitioner from the meeting requirement “if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the K-1 beneficiary’s foreign culture or social practice, as where marriages are traditionally arranged by the parents of the contracting parties and the prospective bride and groom are prohibited from meeting subsequent to the arrangement and prior to the wedding day.” INA § 214.2(k)(2). Unfortunately, such waivers are very rarely granted by the USCIS. The “extreme hardship” exception has been interpreted by the USCIS to mean something very close to “impossible”. It generally is available only to people who are so disabled that they can’t fly at all. As for the second grounds for a waiver, very few people qualify for this exception, and those that do often have a difficult time proving it to the government’s satisfaction.

        U.S. Citizenship and Immigration Services (USCIS) Phase

To begin the Fiancee Visa process, the petitioner must first submit an application to the USCIS. The petitioner and fiancee will need to file numerous forms and documents with the USCIS in order to prove that the petitioner and fiancee qualify for the K1 Fiancee Visa. The waiting time for the USCIS to approve a K1 visa can be anywhere from two weeks to seven months, depending on the backlog of similar cases pending approval in the USCIS Regional Center. The case can be further delayed by an error in the petition, which typically doubles the normal waiting time for visa approval. An error in the petition will cause the USCIS to send the petitioner a Request for Additional Evidence (”RFE”).

        U.S. Embassy / Consulate Phase

Once approval has been received, the case is transferred to the Department of State’s National Visa Center where a background check is begun on the fiancee. The NVC then forwards the case file to the U.S. Embassy or Consulate having jurisdiction over the fiancee’s petition. Once the documents have been received by the Embassy, and the State Department’s background check on the fiancee has been concluded, the fiancee will be instructed to undergo a medical examination at a designated local clinic, and to appear at the U.S. Embassy for presentation of several new forms and numerous supporting documents and to undergo an interview with an Embassy Consular Official. If the paperwork is all correct, and there are no problems in the interview, the visa will be issued on the same day as the interview or, in some embassies, in the week following the interview. The fiancee is then free to travel immediately and directly to the United States.

        Possible problems

The K-1 visa is a highly reliable visa if done correctly. Nonetheless, about half of fiancees fail to receive their visa on the day of interview (our firm has a 97% success rate for first day issuance, and 100% eventual success). Failure to issue the visa on the day of the interview can lead to lengthy and grueling delays (we have to go through it every once in a while ourselves, and, believe us, it is not pleasant), and possible denial or return of the petition to the USCIS for “administrative review” and possible revocation. Some of the more common issues that can lead, alone or in combination with other problems, to a denial/failure to issue are:

    1. Missing documents

    2. Incorrect paperwork

    3. Insufficient income/savings of the U.S. citizen sponsor

    4. Very large age difference between the couple

    5. Fiancee can not obtain written consent from the ex-husband for their child to leave the country

    6. Poor English skills of fiancee

    7. Couple hasn’t spent enough time together in person

    8. Couple lacks sufficient evidence of recent day-to-day contact

    9. Fiancee interviews poorly and the consul doubts that there is a bona fide relationship with the U.S. citizen

    10. Fiancee has relatives or friends in the U.S. who seem to be taking too large a role in match-making

    11. Fiancee was previously in the U.S. and overstayed the visa

    12. The U.S. citizen has previously sponsored a foreign national for a green card and the U.S. citizen can not prove that the foreign citizen maintained lawful status

    13. Fiancee has a criminal record

    14. Fiancee has a serious, contagious illness (such as AIDS, tuberculosis, etc.)

    15. Fiancee commits a misrepresentation during the interview (or so it seems to the interviewing officer)

    16. Petition includes a document that is deemed to be fraudulent

As a general question, the first five problems listed above will result in the Embassy holding the case to see if the petitioner and/or beneficiary can cure the problem with additional documentation or through a second interview. If they fail to do so, the case is sent back to the USCIS. Delays in such cases typically are measured in weeks rather than in months.

Problems 6 through 10 above, which controvert the genuineness of the relationship between the couple, are typically sent back to the USCIS for administrative review/revocation or are sent to the Embassy’s Anti-Fraud Unit, which will assign an investigator to go to the fiancee’s home town and interview friends and neighbors to get a better idea of whether the couple’s engagement is for real. Delays in such cases typically exceed six months.

Problems 11 through 16 above involve issues that render the beneficiary excludible from the U.S. as a matter of law. In some cases, however, the Embassy will entertain an argument on the facts that the beneficiary is not excludible (we have done this, for example, with clients that had a criminal conviction that we were able to convince the Embassy was not a crime of “moral turpitude” as defined by the U.S. Immigration and Nationality Act). If the Embassy decides that the beneficiary is excludible, an “extreme hardship” waiver is usually available, although such waivers can be difficult to obtain. The typical I-601 Application for an “extreme hardship” waiver takes four to six months to process.

        Visa Status in the USA

A Fiancee Visa is a temporary visa, but one that can be readily converted to a permanent visa after the marriage occurs in the U.S. Once married, the U.S. citizen can obtain conditional permanent residence status for his/her new spouse by filing an I-485 petition with the U.S. government. Several months later (the length of the wait varies considerably on where you live in the country) the couple is called into the local USCIS office for an interview, and a two year “conditional” permanent residence card is issued shortly thereafter. One year and nine months after the conditional permanent residence card was issued by the USCIS, the couple may apply to remove the condition and receive a 10 year permanent residence card. Three years after the foreign born spouse received her first green card, she is eligible for citizenship

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Fiancee visa
K1 visa
K1 Fiancee Visa

The term “insurance defense” refers to situations in which an insurer calls for a lawyer to defend the insured against a complaint by a third party, usually an action that the insured third party damage caused injury or property damage. The parties to the action in general, the insured and the third party claimant. The legal issues revolve around whether the insured is responsible defendant in the third part, and if so, how much.

However, the parties to the insurance coverage of the shares are usually the insurer and the insured. The insured is that attempts to demands for insurance, and the central legal question is whether the insured to cover the loss or responsibility. The insurance coverage of the shares in May even complex issues including disputes between insurers, focusing on issues such as primary / surplus coverage, the time-on-the-risk or reinsurance companies. These measures include the first part of May forms of coverage (for example, a loss of the insured person, rather than by a third party, such as fires or damage caused by the earthquake of his residence, or theft of ‘personal belongings insured), which was never in question in the defence.

Motor insurance provides a simple example, the difference between the insurance and defence of insurance coverage. Make sure that the driver is involved in an automobile accident with another driver. Therefore, the two cars damaged, and the other driver is injured. The other driver leaves the insured for the damage and damages allegedly incurred damage. The patient must also cover the other driver for injuries and property damage, and calls for the insurer by the defence in the process, which the other driver.

If no coverage, the insurers of the defendant is a lawyer for the defence of the insured in the action, and try to appeal to persons and property, by regulation or otherwise. The legal question is quite simple - as the accident happened, what was the immediate cause of all injuries and damage, and what is the monetary value of injury and damage. If the insured is responsible, or of a political settlement within limits, the insurer pays the tab.

But when it comes to cover issues of insurers refuse, Home Insurance Quote may cover the damage caused by the insured and the third part, May and deny the insured in the process, which the other driver. In this case, the coverage in the May dispute or instigation of the insured or the insurer, the device in question if the policy covers the insured or potentially covers the loss or liability of the car accident, the right to a defence the insured and / or compensation. The legal problems associated with such a combination is focused not on when the insured person is liable to the other driver. On the contrary, they focus on issues such as whether the policy was in force at the time of the accident when the driver of the vehicle was insured under the policy, or if the insured person from liability ‘be a risk (such as the situations In which the insured intentionally caused injury).

So, if the insurance defense focus on the facts about an incident or accident. The insurance coverage cases focus on the language of politics and jurisprudence concerning the interpretation of the politics of language. Renters Insurance Quote these cases may be much more dramatic to the end of the insurer, because they can create a precedent, including for future requirements.

INSURANCE defence of law firms rarely use the recruiters that legal businesses working with the insurance cover for work

Although the case of insurance defense sometimes a strong U.S. dollar debts, which in practice usually high volume / low value. Since the defence of the work is aimed at high volume, insurers often a large number of cases, including a company, but pay a relatively low hourly wage. The insurance coverage, on the other side can be very large, with several million U.S. dollars argued that the dispute years (for example, the requests to cover the liability for contamination of the environment, have in the past decades, which means that many politicians). Car Insurance Quote the air carriers are usually too much to pay a higher hourly wage for these types of cases, usually because the work is demanding and, as mentioned above, may be exacerbated by the law binding, but for future requirements.

The companies operating the insurance defense work tend to their lawyers, that wages are lower than the market. They are often reluctant to recruit lawyers by setting a side of society-what can an allowance to prefer the candidate directly. On the other hand, many of the top law firms in the country, the insurance protection. Some of these issues on behalf of insurers, and some in the name of the treatment well-haves of the insurance companies. In both cases, these companies are able to order very considerable hourly rates for their work and generate income in good health in the field of practice. Many of these companies are our customers.

INSURANCE lawyers use their value on the market at the top of the page law firms, with a focus on insurance work, their skills and disputes

Many law firms, based mainly on the defense work a fair amount of insurance cover. Persecutors, to those companies from their value on the market at the beginning of the law firms through the manipulation of so many works of insurance coverage, as they can their hands. Pursuer, which (including the author) was in a position to draw even in the better-paid jobs to most prestigious law firms, where they have treated any more and work satisfaction. We had success in the market of the top lawyers at the law firms, focusing on the practice heavily on the dispute have acquired experience in the framework of its work to protect the security, and that the exhibition of complicated legal issues have acquired in the context of their Insurance.

These lawyers should deal with a possible mutation side panel with a lot of thought. Some people in the recruitment of staff have taken a party against the lawyers of insurance, to collect, be careful in their work and make the experience that the other less developed countries. To deal with such a party made, a candidate must ensure that their application is presented and informative as possible. The application should show that any insurance experience, including a description of the features of this experience (such as first or third party, what types of covers / complaints, etc.), and the size of the hands of the candidate - over the disputes. Many insurance lawyers have much more experience than their colleagues most prestigious companies in the envelope in the depots, the pleadings, arbitration, and the process. This experience can be very attractive for businesses if they are in a large package.

One last thought in mind that the conflicts can be an important concern in the reporting of work. Although some companies are both insurers and insured, most focus on one or the other. A company that is only the insured May is little desire to consider the hiring of a lawyer representing the insurers, just as a political issue of the company, whether because of actual or perceived conflicts d ‘interests. Your search for employment are adjusted accordingly.

One of our recruiters BCG would be happy to discuss your practice of insurance with you to see how you can practice at the highest level.

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