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Marriage Visas & COVID

COVID and Spouse/Fiancé(e) Visa Processing

August 31, 2022 Philip Levin

How did COVID impact spouse and fiancé(e) visa processing?

It is astounding how a virus can grind global economies to a screeching halt–yet that is precisely what happened when the COVID-19 virus emerged in late 2019 and early 2020. Governments everywhere restricted international travel, sometimes ordering citizens to remain in their homes, and began the process to triage services as either “essential” or “nonessential.”

One of the services largely deemed “nonessential” was immigrant and nonimmigrant visa processing around the world. U.S. Citizenship and Immigration Service (“USCIS”) shut down many offices in consular posts around the world, with the U.S. Department of State canceling interviews and leaving tens of thousands in a state of limbo. At home, employees at the National Visa Center (“NVC”) which processes immigrant visas, were instructed to use vacation days before being furloughed for an unknown length of time. Ironically, foreign national applicants could still send in applications – and pay the filing fees – but those applications would not be immediately processed.

In addition, there were travel bans including a quick succession of Presidential Proclamations which banned many inbound travelers, with rare exceptions. Exceptions included applicants who had a family-based visa appointment, including marriage-based visas for K-3 “Nonimmigrant Spouse”, “Immediate Relative” (IR1)  (immediate family), or “Conditional Resident” (CR1) immigration visas. The K-1 “Fiancé(e)” visa was not specifically included or excluded in those proclamations, but all of the above family-based visa processing pathways were negatively impacted by pandemic-related travel bans, federal staffing shortages, and international travel limitations.

Has spouse and fiancé(e) visa processing improved since the COVID pandemic began?

Thankfully, worldwide travel shutdowns seem to be largely behind us and most consular visa processing has returned to a new normal of lengthier-than-normal pre-pandemic processing. The backlog of cases that formed over two years of lockdowns has been reduced, and NVC processing times are slowly improving. NVC’s most recent report suggests they are opening new cases and assigning tracking numbers to USCIS-approved applications within three (3) weeks of receipt, and beginning detailed reviews of those applications within about ten (10) weeks. Applications that are properly filed with all required supporting documentation in place will be adjudicated much faster than those with missing evidence. Regardless, these processes will still take many months from start to finish.

The actual paperwork required to obtain family-based and marriage-based visas has not changed since the start of the COVID pandemic, but some processing changes have been implemented. USCIS announced they will make permanent the flexibility to use electronic signatures instead of a true, “wet” signature, which will streamline the submission process.  However, at the same time they expanded medical clearance requirements to include vaccination against COVID, in addition to long-standing requirements to address contagious diseases that include polio, measles and hepatitis (list), proof of which must be submitted as a part of the medical review in the application process.

We Are Here For You

A wise man once wrote that “Many waters cannot quench love…” (Song of Solomon 8:7).  The process of bringing your fiancé(e) or spouse to the United States may seem daunting, but we know you are motivated to do everything possible to make it happen. Our immigration law experts at Philip Levin & Associates are here to help you in that process. We can help you decide the best visa to apply for, ensure all supporting documents are completed correctly, and then shepherd your application through its USCIS and NVC processing stages. Reach out to us today, and let us help you get united with your loved one as soon as possible.

You have questions. We have answers.

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TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. LPPC will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

LPPC will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. LPPC will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on LPPC to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. LPPC will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.