Question: I need help with Lesson 3 Project Research/Preparation Instructions: You will continue your ongoing project related to immigration law. You are now in the United

I need help with Lesson 3 Project Research/Preparation

Instructions:You will continue your ongoing project related to immigration law.

You are now in the United States with your fiance(e)/spouse but not the children. Your fiance(e)/spouse wants to start work.

In a new Word document, I need to find answers covering the following points:

  • Invent a career for your imaginary spouse. What did your fianc(e)/spouse do in Suriname? What sorts of job opportunities does she/he have in the U.S.?
  • What steps and forms are required for your fianc(e)/spouse to be eligible to work in the U.S.?
  • What sorts of issues might arise in obtaining employment authorization?

This is the first part of my project.

I spent some time in Suriname sometime back and while I was there I met an architect that was working on a church we visited. I was visited Paramaribo which is a three hundred year old colonial town. A distinctive national architectural style hasdeveloped whose most important characteristics were houses with a square brick foundation, white wooden walls and a high gabled roof and green shutters. Giovanni is a widow and has sole custody of a set of eight year old twins a girl whose name is Jules and a boy whose name is Jurgen.

I am a U.S. citizen and want to bring my foreign fianc to the United States in order to get married, I will need to file aForm I-129F, Petition For Alien Fianc(e). This is the first step to obtaining a K-1 nonimmigrant visa for Giovanni. The K-1 nonimmigrant visa is also known as a fianc visa.

In order to obtain a K-1 fianc visa, me and your Giovanni must intend to marry each other within 90 days of him entering the U.S as a K-1 nonimmigrant. Our marriage must be valid, meaning both of ushave a bona fide intent to establish a life together and the marriage isnotfor the sole purpose of obtaining an immigration benefit.

If we get marriedwithin 90 days of being admitted to the United States as a K-1 nonimmigrant, Giovannimay apply for lawful permanent resident status in the United States (a Green Card).

The process for bringing your fianc(e) to the United States involves USCIS, the U.S. Department of State , and U.S. Customs and Border Protection . At each stage in the process, background and security checks may be conducted on both me and my fianc. This may include checks in various databases for national security, criminal history, and other information about both of us. These checks are conducted using fingerprints, names, or other biographic or biometric information.

If we marry within 90 days, your fianc(e)now your spousemay apply for a Green Card by filingForm I-485, Application to Register Permanent Residence or Adjust Status.

His children may be eligible to come to the United States on a K-2 nonimmigrant visa. I have to include the names of your fianc(e)'s children on theForm I-129Fin order to bring them to the United States. They may travel with Giovanni or later, but they cannot travel to the U.S. before your he comes..

IfGiovanni and I get married within 90 days of his admission into the U.S., Giovanni's children who were admitted as K-2 nonimmigrants may also apply for a Green Card by filingForm I-485with USCIS. K-2 nonimmigrant children should apply for a Green Card at the same time or after my fianc.This would be the process that I would follow. I would want to get married in the US .

If I was to marry him in his countryI can "sponsor" his immigrant visa for entry to the United States. I would have follow to this process, Giovanni will complete the visa process completely outside the US, and then arrive in the US and obtain permanent residency status immediately. I will will need to submit an immigrant Petition for Alien Relative, Form I-130. After USCIS, the National Visa Center and the US Embassy will l the necessary administrative processing Giovanni will be granted an immigrant visa. He will receive an IR1 or a CR1 visa.

We could obtain a K-3 visa. The K3 visa is a non-immigrant visa for the US. K3 visas are granted normally within a few months. I would use the K3 visa to start the process outside of the US, then travel to the US to complete the immigration process. The application must be made in the country where the marriage took place. If your marriage took place in the US, your spouse must apply for a K3 visa through the US Embassy in the country of his/her residence. Furthermore, and somewhat confusing - the applicant needs to have form I-129F (called "petition for alien fianc also filed on his/her behalf. Since K-3 is a relatively new visa category, USCIS continues to be using the Form I-129F and it is still called a "petition for alien fianc (e)" rather than a "petition for alien spouse". After the visa has been issued, the spouse can travel to the US. Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-4 visas) and wait in the United States to complete the immigration process. Before aK-4 visa can be issued to a child, the parent must have a K-3 visa.

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