I have not seen my fiancée in 2 years. Can I apply for a K-1 fiancée visa?

I have not seen my fiancée in 2 years. Can I apply for a K-1 fiancée visa?

One of the benefits of being a U.S. citizen is that you can submit a K-1 visa to allow your foreign fiancé(e) to travel to the U.S. However, to qualify for a K-1 fiancé(e) visa, you and your fiancé(e) must have met in person in the two years prior to filing the K-1 visa application. If Covid-19 has prevented you from meeting your fiancé(e) in the past two years, you may be ineligible to apply for a K-1 visa.

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How do I respond to a Request for Evidence?

How do I respond to a Request for Evidence?

If your immigration application is missing important information or documents, USCIS will not immediately deny your application. Instead, USCIS will first mail you a Request for Evidence (RFE). The purpose of the RFE is to notify you of the defect in your application and give you an opportunity to correct the problem. If you timely respond to the RFE and provide all the information or documents that USCIS requests, USCIS will continue to process your application. If you do not, then USCIS can deny your application.

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Do I have to disclose my expunged criminal conviction to USCIS?

Do I have to disclose my expunged criminal conviction to USCIS?

You must answer “Yes” to these questions and any other applicable questions. For immigration purposes, the expungement or sealing of a criminal record does not mean the criminal record does not exist. You must answer all questions on the green card application truthfully without regard to the expungement of your record.

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What happens if my spouse dies while my I-751 is pending?

What happens if my spouse dies while my I-751 is pending?

No, your I-751, petition to remove conditions on residence will not automatically be denied. Even though you and your spouse both signed your application, you must still notify USCIS about your wife’s death. Below is a list of items you need to prepare to file with your request.

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Will I receive a 2-year green card or a 10-year green card?

Will I receive a 2-year green card or a 10-year green card?

Whether you will receive a 2-year green card or a 10-year green card depends on how long you have been married at the time USCIS approves your application. If, at the time USCIS approves your green card application, you have been married less than 2 years, USCIS will issue you a 2-year conditional green card. 

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Do I need to have the COVID-19 vaccine to obtain a green card?

Do I need to have the COVID-19 vaccine to obtain a green card?

In September 2021, the U.S. Citizenship and Immigration Services (“USCIS”) announced that green card applicants must be fully vaccinated against COVID-19 prior to their immigration medical examination. The policy went into effect on October 1, 2021. The new policy mandates proof of fully vaccinated status before a USCIS-approved civil surgeon can complete an immigration medical examination and sign Form I-693 (“Report of Medical Examination and Vaccination Record”).

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Can I leave the U.S. while my green card application is processing?

Can I leave the U.S. while my green card application is processing?

You should not leave the U.S. before you receive your advance parole document. If you leave the U.S. before you have an advance parole document, your green card application will be considered abandoned. In addition, even if you still have a valid nonimmigrant visa, if you try to reenter the U.S., U.S. Customs and Border Patrol will see that you previously applied for a green card and may deny your entry into the country.

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