Published on and the Epoch Times on October 9, 2015

Q & A 1. 2. 3. 4.

Q&A 1.

IR1, CR1 or K-3?

I'm a US citizen born in Los Angeles, CA. I am now a Washington resident living in Seattle. My husband is Australian living in Melbourne. We want him to move to the US as soon as possible. Which visa would be the best to apply for? IR1, CR1 or K-3?

Mr. Lee answers:

IR-1 and CR-1 are both immigrant visas and the only separation factor is time – IR-1 is the designation given to spouses of U. S. citizens, and the CR-1 is given to the same class who have not yet been married for 2 years at the time of the spouse’s immigration. The K-3 is a nonimmigrant visa which was instituted to allow spouses of U. S. citizens to come to the U. S. faster when I-130 petitions (immigrant visa petitions for alien relatives) were backed up further than they are now. The current processing time chart of U.S.C.I.S. is at 5 months for the adjudication of I-130 petitions. Given the present situation, the K-3 may be overtaken by an I-130 petition at the consular processing stage at the National Visa Center parent (a precondition to the filing of the K-3 petition is that an I-130 also be filed). In such situation, the K-3 will be canceled.

Q&A 2.

Will a Paternity Test be Required for Immigrants Applying for the New Work Permit/Social Security Number for Their Children Born in the United States?

With Obama's new policy immigrants that have US citizen children can apply for a social and temporary work permit. Will a birth certificate provide the necessary documentation or will a paternity test/blood test be needed? For instance a couple was not married when the child was born but lists the father on the birth certificate.

Mr. Lee answers:

Generally speaking, U.S.C.I.S. does not require paternity tests or blood tests to be taken to prove relationship between parent and child. Such testing is only required where U.S.C.I.S. has doubts about the paternity or maternity. If the child was not born of a marriage and the person seeking immigration benefits is the male, the father should also include proof of showing an interest in the child prior to the child’s turning the age of 18. (Please note that the DAPA program to confer such benefits on parents is presently on hold while it is being litigated in the federal courts.)

Q&A 3.

For Early Visa Processing of Mother of U.S. Citizen

I am U.S. Citizen. My wife is green card holder. She is pregnant (6 week). We are along without any relatives nearby. I want to bring my mother early so that she can help my wife. Is there any way I can bring my mother early instead of filing I130 and wait for 6-8 months.

Mr. Lee answers:

There is no early immigrant visa processing for your mother so that she can help out your wife during her time of carrying the baby. The only suggestion that I can give is to have your mother apply for a visiting visa (B-2) in which she can explain her reasons for coming to the U. S. and that she will be leaving at a fixed point in the future. You can also support the nonimmigrant visa application by providing a letter of assurance to the consul that your mother will not be working while she is here and that she will return to the home country at the end of her visit. You can also provide the financial support through an I-134 affidavit of support with job letter, bank letter, and last year’s tax return.

Q&A 4.

E-3 Visa While I-130 is Pending

I am a US Citizen and applied for my Brothers Green Card file (I-130). Now my brother, who is an Australian Citizen, is applying for a Work Visa E-3 from Australia. I was wondering if he will have an issue with E-3 visa application and later renewal, while his I-130 is pending.

Mr. Lee answers:

I doubt that your brother will have a problem obtaining the E-3 from the American consulate or Embassy in Australia just because he has the F-4 petition pending based upon his relation to you. There is such a long line with sibling petitions that most American consular officers would not believe that there is a strong presumption of immigrant intent when individuals apply for nonimmigrant visas. So there is every reason to believe that the E-3 will be approved as long as there are no grounds of excludability.



Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


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