Frequently Asked Questions


I have applied for a Family-Based Immigration Visa in August 2006. How can I check the status of my application Online?

Immigrant Visa processing is comprised of three separate stages. Family-based petition (Form I-130) is first filed at the USCIS. After Form I-130 is approved (see USCIS Case Status Online) and the priority date in the visa category you are seeking is current (see Current Visa Bulletin), you will receive a visa packet form the DOS National Visa Center. Once your visa packet is processed, your file will be transferred to the US Consulate in your country or origin and a visa interview scheduled shortly thereafter. You can check the processing dates of applications at these government agencies by logging on to If you have case specific questions or encounter processing delays with your case, it is always advisable to speak with an experienced immigration attorney.

Mr. James E. Root is the principal immigration attorney at ROOT LAW GROUP, an Exclusive Immigration Law Firm with offices in L.A., Orange, San Bernardino and San Fernando counties. For a free in-office consultation contact (888) ROOT-LAW or visit them at

Hello , Can I obtain a k-3 visa for my wife? The consulate so far does not know what I’m talking about. Do I need an affidavit of support before I get a k-3 visa for my wife? Thank you.

If you are a US citizen – you are entitled to file K3 petition on behalf of your spouse. This petition must first be approved by the US CIS before your spouse is issued a visa by the US DOS. A notarized affidavit of support is one of the required documents for this petition.

Can immigrant on conditional status be granted green card in 2-3 wks time? If so, can he leave U.S. and be back in less than 6 months? does the Social security number come before the green card? can he leave U.S. with either the Social Security number or the green card immediately and be back in 5 months?

When you are applying for permanent residency as an immediate relative to a US citizen you can also apply for an advance parole (travel document). These types of adjustment of status applications, in Southern California, take approximately 5-7 months to adjudicate. Adjudication of advance paroles takes about 10 weeks. You can travel immediately upon issuance of an advance parole. Social Security card is obtained from the S.S. Administration after you are obtain your work authorization.

I am preparing to file for a K-3 Visa for my wife. I just returned from the Philippines last week and I am trying to gather all of the documentation needed to file this. I plan on including EVERYTHING that I needed to be married over there as well as everything that was requested on the I-130. I will provide notarized copies of all of the original documents and fill out the form entirely.

She has two lovely daughters which I will adopt when they arrive. Our current plan is to get her over here first so that she can start working and we can actually make her a contributing member of American society and then bring the daughters over. (I’m thinking maybe a year later.) As I am not a wealthy man, I will need her income as well to make this a smooth adjustment. I want her settled first before we have to deal with the kids and school and such.

I will go Active Duty Army in about a month. I’m a little old for it, but I think it is the best place for us as a family. That and my patriotic duty got the best of me.

My Questions:

1. Is the I-130 the first correct step?

2. Should I apply for the kid’s visa at the same time?

3. Is there a quicker way to get her here and change her visa status?

4. Should I wait to go Active and then enlist the aid of the many facets of the military?

I will look at obtaining a lawyer for this, as the instructions are convoluted at best. But financially the trip was a burden in and of itself.

Is the I-130 the first correct step? That should be okay, and you should be able to do a K-3/K-4 for her children if they are minors. To be safe in this regard it would be good to also file I-130’s for your step children also. Should I apply for the kid’s visa at the same time?

That would be a better idea

3. Is there a quicker way to get her here and change her visa status?


4. Should I wait to go Active and then enlist the aid of the many facets of the military?

That would certainly be of great assistance to you

My parents are on green card and they filed I130 petition (Unmarried child over 21) on April 2001. Am I eligible for V1 visa in April?

Also If next year my parents get citizenship, can I change the I130 petition to first preference category.

What happen to my petition If I get married.

Yes, once one your parent(s) becomes a Naturalized Citizen you can upgrade your petition to the “first family preference” category. However, if you become married – your then Naturalized parent(s) should refile a new “third family preference” petition. Upgrade is not allowed in this instance.

I petition for my sister and was approved by the USCIS and they sent my papers to NVC. I checked her status for the visa processing and I would like to clarify the approximate time frame for the NVC process.

You can check for processing times by the USCIS website or call the number of the National Visa Center which should be listed on the approval notice. Visit our Links page…

My husband leaves in US and he is LPR.. My petition was filled on 22nd sep 2003, I want to know is v1 visa still available and can I apply for it?

Yes, so long as 2 years have passed so you can do so after 9/22/2006

My fiancée filed for a K-1 visa in Feb. 2003. If we marry and change the status to K-3 will it reduce the processing time?

The processing time for both categories is about the same. However, once you are married, your spouse will no longer be illegible for an K1 visa. You will have to reapply for her under K3 visa category.

I came to the USA on a fiancée visa (K-1), got married and applied for the adjustment of status (AOS). I got divorced from my wife after few months and went to the AOS interview alone. I received a letter from the INS in November 2002 denying my AOS application. Since then, I got remarried to another U.S. citizen. Can I apply for AOS again?

No, not if you entered US on K1 visa.

K-1 visa applicant is granted his/her fiancée visa in order to enter U.S. solely to conclude a valid marriage with the U.S. citizen petitioner and must marry the petitioner within 90 days after his/her entry. K-1 visa holder cannot change his/her status [INA §248, 8 U.S.C. §1158], or adjust his/her status based on grounds other than marriage to person who filed K-1 petition [INA §245(d), 8 U.S.C. §1255(d)].

I have received my green card in Dec’2001. I would like to apply for citizenship. Is it also possible to apply for fiancé’ visa along with citizenship application or I have to wait till I receive citizenship?

In order to do a K-1 Fiancé Visa Petition you must be an U.S. Citizen first

After marriage, the K1 visa holder left the spouse; whereabouts unknown. More than ninety days have passed and the K1 visa expired with no knowledge of the K1 spouse’s whereabouts.

What would be the course to follow? Report this to the USCIS, DOS and how to report it? File for divorce, annulment?

Yes, the Petitioning U.S. Citizen can report the spouse to the Immigration Service, USCIS and/or DHS ICE. If they are married, then either an annulment or a divorce should be pursued. You should consult a divorce attorney for procedure.

The visa is 2 months into it 90 days. The sponsor now doesn’t want to marry the woman. She does not want to go back and says she will just leave, hiding and undocumented. Sponsor doesn’t care if she gets deported or what. He only wants to minimize the legal and financial ramifications sure to come, and be rid of her. What to do?

He can send a letter to the Immigration Service and the consulate where she got her visa withdrawing the Affidavit of Support.

I am an Indian national. I received my U.S. green card in 2000. Now, I am planning to marry an Indian girl. How I can bring my wife to the U.S. once we are married?

You can file an immediate relative petition for your spouse as a permanent resident. Then, once you become a U.S. citizen, upgrade your petition to a non-preference category. You can also wait, and file the same petition once you become a U.S. citizen. In addition, your fiancée may qualify for one of many nonimmigrant visa categories.

Our mom is dependent us, her two children. We are both permanent residents in the U.S. Can we petition for her immigration to the U.S.?

No. Unfortunately, the permanent residents are not eligible to petition for their parents.

My parents and siblings are all American citizens. Due to inevitable circumstances, I could not be naturalized along with my parents. My brother and sister were born in the U.S. so they had no problems. I was born in India, held a green card briefly (six years) after which it expired. I’m married to an Indian and have a baby girl. I’d like to know whether I have a chance to apply for an American citizenship on the basis that I was a minor when both my parents were naturalized?

At this time there are no provisions in the Immigration and Nationality Act that would allow you to do that, unless your parents included you in their Naturalization application process at the time of filing their Form N-400 with the INS.

I changed from F1 to H1B. My parents have green cards, and had filed an I-130 (family relation) petition

for me while I am here. Now, if I go outside the US and try to get my passport stamped with an H1B visa, can my visa be denied on the basis of filing for an immigrant status?

The H1B visa is a “dual intent” visa. In other words, if you are on an H1B nonimmigrant you are allowed to file for an immigrant status at the same time. Your H1B visa should not be denied solely based on the facts that you have described.

My Indian passport will expire in December 2002. I can get a new Indian passport, but my H1b visa is stamped on my old passport. Do I need to transfer my visa to my new passport?

Yes, you should renew your passport and have the H1B visa placed in that passport if you plan on traveling outside of the U.S. I also recommend taking your original H1B approval notice, verification of employment letter and pay stubs with you to the U.S. consulate.

My name is Smita.I am 25 year old. I have F2(b) category in immigration visas in America. My petition file was submitted by my mother on December,1996.. My mother have citizenship exam call in next February. I get information that if I marry after my mother become citizen than my old petion file’s date remain same & my case will transfer to F(3) category with old pition file’s date.

Is it possible & if yes than is it possible for my husband to come with me in F(3) category with my old petition file’s date ?

Yes, It is possible to upgrade your current family based petition and preserve your original date of filing, BUT only if you get married after your mother becomes a naturalized US citizen.

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