ALL YOU NEED TO KNOW ABOUT US VISA AND IMMIGRATION

(Source: Philippine Visa)

CR-1 IR-1

A valid marriage to a US citizen makes one qualified. But while these visas give a non-US citizen the opportunity to be with his/her US spouse, they differ in terms of conditions attached and privileges awarded. Hence, before applying for a visa, make an assessment of which of the options would be appropriate for you. Immigrant Visa Vis-a Vis Non-Immigrant Visa While US K3 Visa is a non-immigrant visa, CR-1 or IR-1 visa is a type of an immigrant visa which may be granted to a foreign spouse of a US citizen or resident. Immigrant visa for a spouse is integrated in the US Immigration laws primarily to promote family unity. In fact, immigration priority can be enjoyed by the would-be applicants in this category and they do not have to wait in line for a visa number to become available for them to immigrate to US. Whats more, Non-Immigrant visa for spouses is only valid for a temporary period of two (2) years and for a particular purpose like tourism, medical treatment, business, temporary study or temporary work. Immigrant Visa entitles the holder a permanent residence and an opportunity to work or study upon entry in the US without need to ask for employment authorization with the USCIS. This condition is essential in a non-immigrant visa. CR-1 Visa A two-year (2) Conditional Residence is the one you get if you have been married for less than two (2) years. Ninety days before your conditional residence expires, you and your spouse must apply together to remove the condition of your residence and then apply for a permanent one. There may be an interview to determine the genuineness of the marriage. If found that it was fraud, the green card may be lost and hence, the foreign spouse must leave the country. IR-1 Visa On the other hand, you get a permanent residence card if the marriage is two (2) years old when you arrive in the US on an immigrant visa. The green card is valid for 10 years and is renewable. Bear in mind that only the green card has expiration and not your permanent residency.

Visa Application Process The US citizen spouse should file a petition for Alien Relative in Form I-130 with the USCIS. The USCIS will then send the petition to the National Visa Center (NVC) for pre-processing and checking. The NVC will determine if the documents are complete. In the event that the requirements are completed, the NVC will schedule the interview of the applicant. It will then send the petition and the documents to the US Embassy where the applicant is located. It is at the US Embassy where the conduct of the interview will be held. The consular officer may ask for further information and additional documents during the interview. The deciding factor on which visa will be issued is the amount of time that the spouses have been married. Some of the important points to remember in the course of the application are: The deciding factor on which visa will be issued is the amount of time that the spouses have been married. Some of the important points to remember in the course of the application are:

The spouses must be legally married. Mere living together does not qualify for an immigrant visa. The sponsor must have a minimum age of 18 for the purpose of signing the Affidavit of Support. The sponsor must have a principal residence in US where the spouses plan to live in the future. This is also for the purpose of providing Affidavit of Support.

US Student Visa

Known for its advanced technological systems and a home to modern day philosophers, a volume of international students flock to the United States to gain more knowledge and advance in their field of expertise. Aware of this, the US issues student visas to accommodate the entry of international students. Student visas explained A student visa is issued solely for the purpose of pursuing education in the United States. This should not be used to easily immigrate into the country. Stringent penalties await applicants who try to manipulate and circumvent immigration laws. Currently, the US issues several types of student visas. The purpose of each visa varies and depends on the academic program chosen by the applicant.

The F visa International students who will be pursuing full academic courses or programs, shall be issued with the F visa. The M visa If the purpose is to pursue short and vocational courses, the appropriate visa that should be sought is the M visa. The J visa Originally issued to exchange visitors in the US, visitors may also use their J visas should they wish to enroll in a short course while inside the country. Visa eligibility To be eligible for the student visa, the applicant must present sufficient financial resources. They must demonstrate their ability to support their daily expenses during their stay. Aside from that, it is also important for the applicant to show that he has enough accommodation in the country. Since the three (3) student visas to US are categorized as non-immigrant visas, applicants must exemplify their strong ties in the Philippines. They must be able to convince consular officers that they shall return in the country upon the completion of their academic programs. A higher degree Since the US student visa is prone to abuse, consular officers observe stringent measures in issuing an approval. Thus, to ensure the applications success, applicants are advised not to take short courses most especially if they have already earned their degree. Consular officers may question such intention, knowing that such programs are readily offered by Philippine academic institutions. Students who are going for their Masters degree have higher chances of being approved. Higher approval rates also await those who will be enrolling in courses that could be credited in their undergraduate studies.

US Tourist Visa

To enter the United States solely for recreation purposes, a visitor initially needs to secure a US tourist visa. Once issued, this travel document proves that the individual has readily complied with the legalities of visa application and will less likely overstay.

Extreme caution should be observed when lodging visa requests since immigration laws are known for its constant change. If caught off-guard, an applicant can be denied. Visa validity This visa is valid for three (3) months. Yet, it is consular officers that determine its validity period. Depending on the applicants personal circumstances, authorities may grant a visa that is valid for as short as one (1) month. US tourist visa requirements extensively explained There are only two (2) important major requirements that a potential visitor needs to satisfy and understand. These are

Evidence of strong ties and Evidence of sufficient income

Under the US immigration laws, every foreign visitor is presumed to be an intending immigrant. This means that every applicant, despite of their genuine intentions is perceived to be a potential illegal immigrant. Thus, in order to overcome the burden of proof, the applicant must present his strong ties in the Philippines. Strong ties are powerful and irrefutable reasons that would force an applicant to return to his home country. Strong ties can be the individuals

Employment Dependent family members Properties Income-generating businesses Membership in organizations etc.

To illustrate how strong ties work, here is an example. Carol plans to visit her boyfriend in summer and plans to stay in the US for 3 months. She currently works as a marketing assistant in an advertising agency for two months. Can she use her employment status as one of her strong ties? Yes, Carol can argue that she will return because of her corporate duties and responsibilities. But the bigger question in here is whether such evidence is enough to secure an approval. Unfortunately, employment records alone would never work. First of all, working for 2 months means that she is still under probation. Her employment record is too short. In an instant, she can leave her job. This is possible for there are employees who immediately resign after working for a month. The responsibilities that she handle may not be as compelling as the ones managed by top executives and therefore, not strong enough to guarantee her return. Moreover, no employee is permitted to stay for as long as 3 months for a simple vacation, unless she is a paid sabbatical.

With this regard, Carol should show more proof of her strong ties. She cannot solely rely on her work for this is insufficient. The more evidence that she present, the higher is her approval chances. Another major requirement that consular officers examine is the persons financial capabilities. Authorities will consider the individuals resources to support his stay in the United States. An individual cannot depend on the US public funds to sustain their daily expenses. Due to this, when assessing ones financial capacities, consider the following aspects:

Travel expenses Accommodation expenses Emergency-related expenses

The interview Preparing for an interview is a must for every applicant. This provides them the chance to state their travel intention. However, the applicant must ensure that his answers are supported by documentary evidence. For example, if he states that he owns a 3-hectare farm in Bataan, the land title should be present. An answer that cannot be supported by the necessary documents invites a denial. Indeed, a US tourist visa application is not as easy as many would often think. As a matter of fact, this is the hardest US visa to attain.

US Fiance Visa

Issued to the foreign fiance of a US citizen, the US k1 fiancee visa permits the foreign visitor to enter, get married and settle in the United States. Despite of granting residency rights upon satisfying the visas condition, k1 is still categorized as a non-immigrant visa. Although the application is approved, this does not make the holder a permanent resident of the country. How the application is processed Two departments are in-charge of assessing k1 visa applications, the US Citizenship and Immigration Services (USCIS) and the embassy in Manila. Both departments should approve the visa request. Should the applicant fails to ensure the USCIS approval, the application cannot push through. On the other hand, should the embassy refuses the visa request, one may appeal the decision or send a new application. Overall, the application processing takes six (6) to nine (9) months. Important requirements

Prior to formally lodging an application, the beneficiary (the visa applicant) and the sponsor (the US citizen partner) must prove that they have personally met each other. Meeting over the internet shall not be considered. Upon satisfying this condition, the following documents should be prepared by the beneficiary:

A valid passport Birth certificate National Bureau of Investigation Clearance (NBI) Passport photos Results of the medical exam Proof that the couple has met each other Police clearance from places where the beneficiary stayed since she was 16 years old

Aside from the above-mentioned requirements, consular officers may ask for additional forms and papers. Visa conditionsthings you should remember The US k1 fiancee visa is a single-entry visa valid for ninety (90) days or three (3) months. It cannot be used to freely enter and exit the United States. Due to this, the couple must get married within the said timeframe. The failure to do so leads to the visas cancellation. The beneficiary has no choice but to return to the Philippines. Meanwhile, if the marriage takes place within 90 days, the beneficiary needs to file for a status adjustment. This will enable her to acquire residency rights in the US. The status adjustment may or may not be approved. The applicants compliance with the provisions of her K1 visa is highly instrumental in securing the green card. During the status adjustment, the beneficiary cannot return to the Philippines without obtaining the advanced parole. Otherwise, the adjustment is considered abandoned. The visa is cancelled despite of being married to the US partner. This leaves the visa holder with no choice but to return to the Philippines and apply for new visa.

US Spouse Visa

The US k3 spouse visa is a multiple-entry visa issued to the foreign spouse of a US citizen. This is valid for two (2) years and requires the visa holder to apply for a status adjustment within the said timeframe. But while valid marriage already exists between the petitioner and the beneficiary, the US spouse visa remains a non-immigrant visa. It does not automatically grant residency rights. US k3 visa in action

The US k3 spouse visa is part of the governments efforts to reduce or lessen the separation of transnational couples. Once approve, the applicant still needs to file for an adjustment of status to be an eligible green card holder. Usually, the application is lodged in the area where the marriage took place. Thus, if the wedding was performed in the Philippines, the beneficiary (the foreign spouse) must lodge the application inside the country. Spouse redefined Marriage alone does not make the foreign partner a qualified spouse. The marriage should be valid. For those who have previous marriages that were not legally terminated or dissolved, the union is considered null and void, therefore, making the beneficiary visa ineligible. Since there is no divorce in the Philippines, annulment should be sought. Basic requirements Here is a list of the documents that an applicant needs to prepare:

Accomplished application form Valid passport Evidence of valid marriage Medical exam Evidence of the petitioners sufficient financial resources Passport photo Evidence of relationship Police clearance

Consular officers may ask for additional documents if necessary. Bringing the dependents Dependents no longer need to file another visa application. The US spouse visa has a derivative known as the k4. This permits their unmarried children to join the said petition. Leaving the United States Similar to the US k1 fiancee visa, spouse visa holders should not leave the US while they are adjusting their immigration status. But in emergency situations where their presence is badly needed, they should file for an advance parole. Otherwise, the adjustment is considered abandoned.

US Work Visa

A US working visa is necessary for a foreign national who wants to work in the United States. This certifies that the applicant possesses the right skills and complied with immigration conditions to facilitate their entry Securing the working visa entails an intricate process. All documents should be prepared prior to lodging an application. Types of working visas for temporary workers There are two (2) types of working visas issued to temporary workers. These are the following:

H visa It covers workers with specialty occupations. Usually, this involves workers that have obtained their bachelor degree. Temporary agricultural or non-agricultural workers are likewise covered by this visa. Trainees other than those who are under the medical or academic field also need this visa. L visa The L visa is exclusive to intra-company transferees or individuals who have been employed by a branch of a US-based company for three years and will be entering the United States for a managerial position.

Basic requirements

Valid passport Passport photo Scholastic records Labor certification Language exam, if applicable Employment contract

The need for an employer All applicants must ensure that they are already accepted by a legitimate employer prior to submitting an application. If the application is lodged and the intending worker cannot supply a proof or evidence of employment, the application can be denied.

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