THIS WEEK’S IMMIGRATION QUESTIONS: 

Question:  I read your column about the Fiancée visa and now I’m writing to you about an immigration problem I’m having along the same lines. I filed a Petition for my Fiancée   in Jamaica on December 1, 2005 and since that time I got a letter from the Immigration requesting all sorts of documents. It was really very confusing. But I did get what I think they were asking for back to them in January, and I am still waiting for approval. My fiancée was just here to visit me in late November 2005, but not since then because of her job. Now, I want her to come to Lauderdale Lakes for my Aunt’s 50^th anniversary celebration in late March.  What I would like to know is, can she visit me while waiting for Immigration approval? And if so, can she stay and wait in the U.S. until that time?

Answer:  The Fiancée “K” visa is really only used when the fiancée is outside the U.S. in his or her home country and DOES NOT have a U.S. Tourist visa to come in. It is really not necessary when your fiancée can travel to and from the U.S., since once a foreign fiancée arrives in the U.S., the U.S. Citizen and foreign national can marry, file the Green Card application and the foreign national spouse can then stay permanently inside the U.S. while waiting to obtain the Green Card. There is no requirement to first file for a Fiancée visa, unless either the foreign fiancée doesn’t have a U.S. visa or can’t get here. In your situation, it looks like your fiancée has a U.S. Tourist (B 1/B2) Visa, since she was able to visit you recently in November. In that case, filing the Fiancée visa petition was likely unnecessary.  However, now that that has been done, it could likely be problematic for her, if she tries to enter the U.S. while the K visa application is pending, since “Visitors” are required to demonstrate to the Immigration officer that they do not intend to immigrate to the U.S. And with a pending K visa application, she may have a problem showing this. It doesn’t mean absolutely that she will denied entry, but she should be prepared for it. If she does plan to come to the U.S. in order to attend your Aunt’s anniversary, you may as well plan for her to come and stay here permanently, then marry and file for her residency, not her fiancée visa. However, if she does try to enter and has problems, you will be visiting her in Jamaica until she obtains her K visa at the U.S. consulate in Kingston. Good luck!

Question: Does my wife have to file an I-134 Support Affidavit for me when we file the I-130?

The form doesn’t say that, but the person on the immigration 800# told me we have to.

Answer: The USCIS 800# is usually the best place to get the worst, jost inaccurate advice. Remember, the people answering the telephone are not immigration officers; they are just contract workers, reading from scripts. No, you do not need to file an I-864 Affidavit of Support with the I-130. You will need that, however, once you file I-485 Adjustment of Status Application. 

Question: I am a permanent resident and am waiting for my citizenship interview. When can I apply for citizenship for my 12 yr old daughter (she is also a permanent resident)? 

Answer: As long as you have custody of your daughter, she will automatically become a citizen when you are sworn in as a citizen. Under prior law, the child would become a citizen only upon the naturalization of both parents. However, the law was changed as of February 2001. Once you have obtained your naturalization certificate, you may apply for a U.S. passport for your daughter. Make sure to go online to a passport agency website to get a complete list of all the documents you will need to show in order to obtain the passport.

Question:  I got my Green Card when my mom married my stepfather and I was 11 yrs old. Now I am a 34 yr old U.S. citizen and have re-established a relationship with my natural father. I would really love for him to come and be able to live in the U.S. and obtain residency. Is it possible for me to apply for my natural father in Jamaica? 

Answer:  Once you become a US citizen, you can usually file for your father without any problem, as long as his name appears on your birth certificate. If not, there may be additional steps you would need to take in order to prove the father-daughter relationship.