Adjustment Of Status For Immigrant Couples

By Published On: November 10, 2021Categories: Vlog, Adjustment Of Status, Immigration

“El Show Sin Fronteras”

Spanish Video Above Translated In English Below

Today’s Broadcast

As usual, our hosts Karla and Fidel were chatting with our dear guest, attorney Jackie, about current issues of interest to the immigrant community regarding the adjustment of status. Today we will be talking about long-distance love relationships, for those people who found love outside their country and want to reunite with that special person, in this case, in the United States. We will also talk about how people with legal status, who met someone without documents, can help them.

Types Of Couples Fitting

There are two types of adjustments that immigrant couples can have, What would these two types be?

Our lawyer Jackie tells us: ”The first option is the K1 visa, which is the visa for people who are engaged, and the other option is the normal family petition that we do for parents, children, and spouses.”

Now that we know about this, we will tell you what would be the requirements to apply for a K1 visa, which is a visa for people who are engaged.

K1 Visa

The K1 visa, or fiancé visa, requires that people know each other and have seen each other in person at least once in the last two years.

Then we make the request with evidence of how they know each other, how often they contact each other on Facebook and WhatsApp, and for the other option, we have the acquisition for spouses or husband and wife.

Learn How To Be With Your Partner In The USA

It’s almost the same petition, but we have to show that the petitioner has enough income to support the beneficiary and of course, we’re subject to proof of bona fide marriage, and that’s different because all couples have different lives.

The evidence and details strongly support our claim.

Can I Work With The K1 Visa?

For those who have already married and for those who want to get married, What would this fiancé visa be? Can the fiancé work while on the visa?

Attorney Jackie stresses: ”No, unfortunately not. The engaged person visa (K1 Visa) only allows a person to enter the United States on a tourist visa in order to get married.

Within 90 days of entering the country they have to get married because if they have not been able to do so, the beneficiary will not be granted work authorization.

Fiancées must marry and then file applications for adjustment of status.

After the application to immigration is completed, plus a review of their records, such as background checks, immigration will issue the beneficiary their work permits and they will be able to begin working.

Where Must I Be To Apply For The K1 Visa?

Among so many dwindling questions, we have one that might interest many.

”A person says I am an American citizen but I have been living out of the country for more than ten years. My partner is from Japan, is there any problem if he applies for the K1 visa?”

The answer to this question is that it does not really matter where the petitioner lives, the only requirement for the petitioner is that he or she be a U.S. citizen.

Another concern they send us is: if my partner entered the US legally, but his visa expired during the course of his stay could he still apply for the visa or how could this situation be?

This question is very common; the spouse of a citizen who overstayed his or her visa has no penalty for applying.

Generally, we file the family petition and adjustment of status application at the same time in the same packet.

Children Of Immigrant Couples In The U.S.

We have many cases of clients where they have an American citizen, fall in love with a person who does not live in the U.S. and has children.

One of the most frequently asked questions on this topic is what happens to the children, can they come in? can they be ordered? What about them?

Jackie replies: ”Yes, children can enter as derivatives of the promised visa.

Children Of Migrant Couples Located In The US

Sometimes it depends a lot on the laws of the family court in the country of origin, so we will definitely need a consultation to verify if the person qualifies for this application.

Deportations & K-1 Visa

We know and understand that there are many people in the United States today who are afraid of receiving punishment and not being able to obtain forgiveness, that is why we will talk about this concern of many, which will be very useful for those who are with us here today.

We have a question that says: I’ve been in and out of the U.S. I was in the U.S. for five years, had a deportation order, and came back that same month. Then I had to leave because my father passed away. I came back to the United States and since then I’ve been in, I haven’t been out again, but could I have any chance that I could be asked for any family members?”

Attorney Jackie certifies: ”It depends a lot on the immigration history. We’re probably going to start with a petition to pull the immigrant’s entire record to review, not whether there is punishment, whether the person qualifies for a waiver or not.

That varies on the details, such as the dates of how many times they have entered.

Every case is different, but generally, we start with immigration history paperwork called FOIA (Freedom of Information and Privacy Act). Freedom of Information and Privacy Act).

Petitions With Criminal Records

There are many people who have gone through certain types of situations, and that is why we are going to answer this excellent question from one of our viewers: Can a petitioner who is a citizen but has a criminal record petition for his fiancé, or does he need to have a clean record?

Jackie, who is part of this excellent team, tells us: ”The truth is that the criminal record of the petitioner does not have much to do with the petition in immigration, since it is more focused on the criminal record of the beneficiary, because they want to know if that person can enter the United States with a clean record, right?

So if you have concerns about a criminal record please call us, but it usually doesn’t matter much if the petitioner has a criminal record.”

Couple Petition Requirements

To learn a little more about what the requirements are for partner petitions, we first have to demonstrate a qualifying fiancé(e), spousal, or bona fide relationship which means that the partner relationship is not just for the purpose of obtaining immigration status.

Other than that, the requirements vary depending on the immigration history, such as previous marriages, divorces, the income of the petitioner… But in general, we have to prove that bona fide relationship, with papers like passport, the birth of that marriage.

These are the tests that normally we need.

A very interesting question that comes to us is the following: What happens if we are sent (says if my partner has a permanent bar)? Can we petition to get started? What would that be about the permanent bar?

Attorney Jackie: ”The permanent bar is a very cruel punishment in my opinion.

While they affect thousands and thousands of people who are here inside the U.S., also many people have been deputized in the past and are outside the United States.

The permanent bar is the punishment for entering the United States without permission.

Staying there for more than a year, leaving and coming back, trying to come back, are just these two entrances without permission and the exit that are counted.

It is also worth noting that not only with humanitarian visas is the permanent bar denounced, but it is also a stricter punishment; then normally the person who has this bar, does not qualify to enter the U.S. with a visa or as a family member of a citizen or permanent resident.”

We need to know that forgiveness is available.

All applicants and humanitarian visas are not guaranteed to forgive the bar, but forgiveness is available even if they can try.

Visas & COVID

Consequently, today we will be discussing a bit about visas (in general) today, and how COVID has or has not made a difference in these times.

Our guest and attorney Jackie comments: ”To enter the United States on tourist visas, you need proof of the COVID vaccine, but that’s not a passport or a visa, it’s another additional requirement that you have to get to enter, but we are opening the borders and people from various countries can enter with proof of the vaccine.

What Is FOIA?

FOIA is the Freedom of Information Act and this is a request that we submitted to various government departments.

Our attorney Jackie stresses to us, ”If the people who are requesting FOIA, just asking for this information, it causes a lot of our clients to fear, because they’re here without papers and they don’t want the government to know that they’re investigating their own cases, but those are your rights, then it’s definitely worth it.

It is a right to ask for this information because it is your file and it is important to know this. it is important to know this.

Immigration history is sometimes very complicated, if a person has entered or left several times and does not remember the dates well, it is important to be 100% sure of the complete history before submitting a package.

Sometimes formally FOIA takes about a year, and it depends on how far behind the department is, but it’s worth it because we don’t want to put our beloved clients at risk”.

If you have additional questions about Visas, Family Petitions, or your specific case, you may contact us at (855) 502-0555. After a short 10 minute evaluation of your case via telephone we will let you know what options you have. You can also follow us on our social networks so you don’t miss our weekly broadcasts via Facebook,YouTubeTwitch.

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Frecuently Asked Question About Legal Status For Immigrant Couples

The first option is the K1 visa, which is the Visa for people who are engaged, and the other option is the normal family petition that we do for parents, children, and spouses.

The K1 visa, or fiancé visa, requires that people know each other and have seen each other in person at least once in the last two years.

No, unfortunately not. The engaged person visa (K1 Visa) only allows a person to enter the United States on a tourist visa in order to get married. Within 90 days of entering the country they have to get married because if they have not been able to do so, the beneficiary will not be granted work authorization.

About the Author: Kate Lincoln-Goldfinch

I am the managing partner of Lincoln-Goldfinch Law. Upon graduating from the University of Texas for college and law school, I received an Equal Justice Works Fellowship in 2008, completed at American Gateways. My project served the detained families seeking asylum. After my fellowship, I entered private immigration practice. My firm offers family-based immigration, such as greencards and naturalization, deportation defense, and humanitarian cases such as asylum, U Visa, and VAWA. Everyone at Lincoln-Goldfinch Law is bilingual, has a connection to our cause, and has demonstrated a history of activism for immigrants. To us, our work is not just a job. After the pandemic we began offering bankruptcy services in addition to immigration I realized how much lack of information there is in financial literacy resources in Spanish.

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