US Citizen's Guide to Immigrating an Italian Spouse or Fiance

Franchesco Fickey Martinez • May 14, 2025

This guide is for the US Citizen that is trying to fully understand the US immigration consular process. You may have met an Italian online (possibly through EuroCupid/InternationalCupid) or after being stationed with the US Military abroad at:

  • Aviano AFB
  • Camp Darby Army Base
  • Caserma Ederle Army Base
  • Sigonella Navy Base
  • Gaeta Navy Base
  • La Maddalena Navy Base
  • Naples Navy Base


If you have an Italian Spouse or Fiance, this Guide will cover the most common topics and questions.


First, what are the two Immigrant Visa Options:


  •  The CR-1/IR-1 Spousal (Immigrant) Visa, and
  • The K-1 Fiance (Immigrant) Visa


Second, how to get married in Italy?


The US Embassy gives the following guidance for marrying in Italy: https://it.usembassy.gov/u-s-citizen-services/marriage/

However, a Virtual Marriage in Utah may also be a viable possibility. Meaning, the US Citizen and the Italian Citizen can be in different countries OR both can be in Italy, and the marriage ceremony can be held virtually in the state of Utah. More information can be seen here: 
https://www.utahcounty.gov/dept/clerk/marriage/marriagelicense.html


Here are some common topics before we dive in to the process:



CR-1/IR-1 Spousal (Immigrant) Visa

 The IR-1 / CR-1 Spousal Immigrant Visa is the visa that would allow an Italian spouse to immigrate to the United States. The Visa is a Green Card or Lawful Permanent Resident Card.

 

The process involves 2 Main Stages:

  • In the first stage, the filing will be reviewed and approved by USCIS, the domestic US Immigration Agency.
  • Once it is approved, the filing will enter stage 2 where it is transferred to the NVC (National Visa Center) and then subsequently sent to the Embassy in Naples, Italy.


For a more detailed overview of this type of filing and what it entails please refer to the steps below:

  1. Part 1  – Petition to Recognize the Relationship – Submit the I-130 Electronically with USCIS
  2. Part 2  – USCIS Processing – I-130 Pending awaiting a USCIS Officer to review the filing and supporting documents
  3. Part 3  – NVC Processing – Visa fees are paid, DS-260 completed, and supporting documents uploaded.
  4. Part 4 – Consulate Interview – NVC provides the Naples Interview day and time, the Embassy/Consulate Account would be Registered, the Immigrant Medical Performed, Documents prepared, and Interview Attended.
  5. Part 5  – Green Card Printing Fee – Pay the Immigrant Fee before traveling to the US
  6. Part 6  – Arrive in the US – Fly to the United States, Apply/Receive US Social Security Card, and Receive Green Card in the mail within 3-4 months after entry.

Government Cost:  $1305

Average Processing Time (2025 Estimate):
 13-24 months (with the bulk of processing time spent in the I-130 Petition)


What is the difference between CR-1 and IR-1?

  • When the couple has been married for less than 2 years at time of interview, then a CR-1 Visa would be issued, conditioning the residence to a 2-year Green Card and requiring an I-751 thereafter. (More information found here)
  • If the marriage is more than 2 years at the time of the interview, then an IR-1 Visa would be issued and a subsequent Green Card would be valid for 10 years.

K-1 Fiance (Immigrant) Visa


First important note: Based off of 2020-2025, the K1 Fiance Visa Process is generally 2x slower and 2x more costly than a CR-1/IR-1 Spousal Immigrant Visa.


The Fiancee Visa has 3 steps:

  • Step 1:  I-129F Petition filed with USCIS
  • Step 2: DS-160 K-1 Fiance Visa application filed with the US Consulate in Naples, Italy, which allows the fiancee to enter the US
  • Step 3:  I-485 Adjustment of Status filing with USCIS to receive a Green Card


What are the Requirements to file for the I-129F Filing?

  1. The Petitioner must be a US citizen
  2. The Relationship is bona fide
  3. The US Citizen and Italian have physically seen each other within the past 2 years
  4. The US Citizen and Italian intend to marry with the K-1 Visa within 90 days after entry
  5. The US Citizen and Italian are legally “free to marry,” meaning there is no pending divorce.
  6. The US Citizen has a stable income or substantial assets to support the Italian fiance, and that income overcomes Federal Poverty Level Guidelines as stated in the USCIS I-864P


How to prepare a Letter of Intent for this process:

Below is a template our office has created to assist:

Fiance Letter of Intent Template

How long does the I-129F take to process?

The processing times for the I-129F petition can be found here, just select the service center the filing is located at (which that info is generally found on the filing’s Receipt Notice): https://egov.uscis.gov/processing-times/


How long does the I-485 take to process?

The above link can assist in finding the current processing time, the difference is that you would select the local USCIS Field Office, versus a USCIS Service Center. The I-485 filing (based on marriage) generally requires an interview at a local field office.


If you require assistance with the Spousal or Fiance Visa process, please consider  contacting our office to set up a consultation with our Immigration Attorney.

Schedule a Consultation

For Active Duty Service Members, it is commonly recommended to consider the special US Naturalization Options available for Dependents of a Service Member or DOD Contractor while stationed abroad:


https://www.fickeymartinezlaw.com/naturalization/319e-naturalization-overseas-naturalization-option-for-active-duty-military-spouses-and-children


https://www.fickeymartinezlaw.com/immigration/ine-319b-naturalization-option-spouses-of-u-s-citizens-employed-or-stationed-abroad







Disclaimer:  This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

By Franchesco Fickey Martinez May 14, 2025
This article will cover the Old Versions of the Green Cards and how they encounter issues with the DMV when attempting to renew a Driver's License as well as with SSA when attempting to acquire Medicaid, SSD, or SSI. The I-151 Green Card: The former Immigration and Naturalization Service (INS) issued Form I-151 (Alien Registration Receipt Card), commonly called a “green card,” to aliens from: July 1946 to 1978. The I-151 Green Card never had an expiration date printed on the card, which has led many to believe their documentation was up-to-date. Even in 2025, I-151 Green Card holders never knew their Green Card had actually expired by law on March 20, 1996 . I-151 card holders experience issues with the DMV, especially after the Real ID Requirements of May 2025, due to the INS records not being easily accessible in current government system, as the INS agency ended in 2003 and was replaced by the agency: USCIS. Additionally, due to I-151 Card Holder's ages, they have either been receiving SSI and Medicaid for many years, or will be starting very soon. For example, if an I-151 Green Card holder received their I-151 Card in 1970 at the age of 10, they would be turning 65 in 2025. According to SSA: Form I-151 is not a valid immigration document. The card lacks security features and presents more opportunities for alteration and fraud than the immigration documents currently being issued. From 1992 through 1996, the former Immigration and Naturalization Service conducted a “Green Card Replacement” project to replace the I-151 cards in circulation. Although the card is not a valid immigration document, the person may still retain lawful permanent status. (Source: https://secure.ssa.gov/poms.nsf/lnx/0200303400) I-151 Card Holders are recommended, depending on their given situation, to either apply for an I-90 Green Card renewal or apply for US Citizenship with the N-400. The I-551 Green Card that didn't expire: The I-551 Green Card is the "current version" of the Lawful Permanent Resident Card. However, there is a lot of confusion on whether the cards with “no expiration date” are still valid. Some government agencies may refer to this un-expiring I-551 as the: ORIGINAL I-551 Whereas, the expiring I-551 may be reviewed to as the: REVISED I-551 The I-551 Green Cards issued between: 1977 and August 1989 have no expiration date, but ARE STILL a valid and acceptable Green Card. However, not every US Agency will acknowledge the old version of the I-551 Green Card since it lacks an expiration date, and a way for the agency to confirm current legal immigration status from when the card was issued in 1977 to 1989. For the DMV, the unexpiring I-551 Green Card may or may not be accepted. A lot has to deal with name changes over the years and whether the file is accessible in current government systems. For SSA, the old or original I-551 is generally accepted as identity is normally compared against a lifelong history of SSA Contributions in Prior Payroll and tax filings. Original I-551 Card Holders are recommended, depending on their given situation, to either apply for an I-90 Green Card renewal or apply for US Citizenship with the N-400 as to avoid issues that may arise in the next few decades (unknown how laws might change). What do I do if I need a new I-551 Green Card ASAP? By filing for either I-90 or N-400, USCIS may issue a "temporary I-551 proof" that can be in the form of the passport, a sticker on the card, or a stamp in an I-94 Card. This temporary proof is called an ADIT Stamp and can be acquired at a local USCIS Office in an INFOPASS Appointment. The following is the SSA policy on ADIT Stamps: When the alien does not have a machine readable immigrant visa (see RM 10211.025C.2 ), DHS places a temporary I-551 stamp in the foreign passport as evidence of immigration status when the alien is admitted to the U.S. as an LAPR for the alien to use until the permanent I-551, Permanent Resident Card, is received. The stamp may be placed in the alien’s foreign passport or on a Form I-94, Arrival/Departure record, when the alien does not have a passport. When an alien previously admitted to the U.S. applies for a replacement I-551 or adjusts to LAPR status, DHS places a temporary I-551 stamp in the foreign passport. When the alien does not have a foreign passport, DHS places the temporary I-551 stamp, a photo of the alien, and DHS seal on Form I-94. Each stamp is uniquely numbered with a five-digit identifier which can be found below the “Valid Until” line. Also, the officer writes the “A” number on the stamp. See the ACM Alert No. 2006A-31 New DHS/USCIS ADIT Stamp under the “I-94” document number and “I-551” document number for more information on the design and fluorescent security features. (Source: https://secure.ssa.gov/poms.nsf/lnx/0200303440#b1) 
By Franchesco Fickey Martinez May 14, 2025
The Blog Post will hopefully provide better guidance out there that may be nearly a decade old. The 319e Naturalization Option is available for: Green Card Holding Spouses; Whose spouse is an “Active Duty” Member of the U.S. Armed Forces (Not a Veteran or Independent Contractor); Who Currently Live Abroad on official Military Orders; and […] The post 319(e) Naturalization: Overseas Naturalization Option for Active-duty Military Spouses and Children appeared first on Fickey Martinez Law Firm.
By Franchesco Fickey Martinez May 14, 2025
[Ler Post em Português] Under INA 319(b), Spouses of U.S. Citizens who are Employed or Stationed Abroad can be provided a new option for Naturalization. Normally, Spouses must hold their Green Card for a minimum of three years before being eligible to Naturalize through Marriage. Under INA 319(b), Spouses otherwise eligible for the 3-year Naturalization, […] The post INA 319(b) Naturalization Option: Spouses of U.S. Citizens Employed or Stationed Abroad appeared first on Fickey Martinez Law Firm.
By Franchesco Fickey Martinez May 13, 2025
Many will talk about bring a Philippine Spouse to the US in many different ways: As a K1 Fiance As a CR1 Spouse As an IR1 Spouse As a K3 Spouse As an Immigrant Visa Holder The inherent issue with the Immigrant Visa process, is the processing time. However, what if there was a way to bring your spouse to the US quicker? What if they could be in the US in a matter of weeks or months? Shouldn't every option be considered? This Article will cover the alternative employment options that a Filipina/Filipino Fiance or Spouse could consider to "arriving" to the US quicker. The rule of Employment Visas, when you have a Fiance or Spouse in the US: Two requirements must be stressed: First, employment visas require employment to occur. You cannot come on an employment visa tomorrow, marry the day after, and then pursue a Green Card. That could be classed as visa fraud or circumventing immigration law. If you apply for the employment visa, you must work. Second, the employment should really be job history/education level appropriate. The employment can be used "in conjunction" with an immigrant visa process abroad in Manila. Additionally, there are very slim exceptions that may allow a Foreign Spouse to immigrate within the US through Adjustment of Status, versus Consular Processing. Possible Employment Visa Options based on some industry norms: Teaching/Education: J1 Cultural Exchange Teacher: A popular visa for teachers, where the interview process is facilitated through a J1 Sponsor, and a visa is acquired relatively quickly at the US Embassy in Manila. A list of J1 Sponsors can be seen here: https://j1visa.state.gov/participants/how-to-apply/sponsor-search/ The biggest consequence for the J1 Visa is the 2-year home residency requirement that restricts other employment visas such as H-1B until EITHER you've returned home to the Philippines for 2 years or you've acquired a J1 Waiver. R1 Religious/Private School Teacher: Requires a religious private school, such as a catholic school, to sponsor. More information on a Catholic School (Philippines is predominately Catholic) teaching position can be seen here: https://www.fickeymartinezlaw.com/deeper-dive-r-1-catholic-teacher-positions-how-to-locate-possible-religious-education-employment F1 Student utilizing OPT for Teaching Experience: A student visa holder may be able to acquire the ability to work (aka Employment authorization Card or Optional Practical Training) for 1 to 3 years (depending on whether education was STEM or Non-STEM). This teaching experience is very beneficial for acquiring a H-1B teaching position after the OPT Period. H-1B for Teachers: The most versatile teaching visa option, as many schools tend to have a relationship with a University or College to qualify for Cap-Exempt H-1B Status. More information on how to start can be seen here: https://www.fickeymartinezlaw.com/philippine-teacher-how-to-find-an-h-1b-position-in-the-united-states Healthcare/Medical Fields: H-1B for Medical Professionals and Nurses: Ideally, you should look for Hospitals/Clinics that have sponsored in the past. If they've done it in the past, they may be willing to sponsor again in the future. An unofficial (non-government website) list can be seen here: https://h1bgrader.com/job-titles/nurse-n60ezl4m0z/lca/2025 (You can limit the list by Specific Medical Position, by Year, and also by State) J-1 for Medical Professionals and Nurses: J-1 positions are also available, but the biggest consequence for the J1 Visa is the 2-year home residency requirement that restricts other employment visas such as H-1B until EITHER you've returned home to the Philippines for 2 years or you've acquired a J1 Waiver. Uneducated H-2B Professions: The Department of labor provides the following search bar to assist in locating possible H2b employment: https://seasonaljobs.dol.gov/jobs The common jobs (not an exhaustive list) are: Food Service & Hospitality: Line Cooks Servers Bartenders Housekeepers Front Desk Staff Dishwashers Construction & Labor: Construction Laborer Roofer Asphalt Worker Concrete Laborer Landscaper and Groundskeeper Amusement and Recreation Attendants Amusement Park Worker (very seasonal) Theme Park Worker (very seasonal) Meat, Poultry, and Fish Cutters and Trimmers: Chicken Processing Plant Worker Turkey Processing Plant Worker Pork Processing Plant Worker Crab Cannery Worker If someone has experience in the past with poultry, a chicken processing plant may be ideal. If they've worked in a factory, a cannery may be ideal. If the spouse has construction experience, construction may be ideal. The fact of the matter, there a numerous industries that are in need of employees. If a Foreign Fiance or Spouse can fill that employment position, why not consider the possibility. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
By Franchesco Fickey Martinez May 12, 2025
This article will cover the topic of "How to find an H-1B Position?" The Teacher could be in the Philippines at this time, or could be in the US under an alternative teaching visa: J-1 Cultural Exchange Teacher R-1 Religious/Private School Teacher F-1 Student utilizing OPT for Teaching Experience First, lets cover the three visa categories that can bring a teacher to the US: J1 Cultural Exchange Teacher: A popular visa for teachers, where the interview process is facilitated through a J1 Sponsor, and a visa is acquired relatively quickly at the US Embassy in Manila. A list of J1 Sponsors can be seen here: https://j1visa.state.gov/participants/how-to-apply/sponsor-search/ The biggest consequence for the J1 Visa is the 2-year home residency requirement that restricts other employment visas such as H-1B until EITHER you've returned home to the Philippines for 2 years or you've acquired a J1 Waiver. R1 Religious/Private School Teacher: Requires a religious private school, such as a catholic school, to sponsor. More information on a Catholic School (Philippines is predominately Catholic) teaching position can be seen here: https://www.fickeymartinezlaw.com/deeper-dive-r-1-catholic-teacher-positions-how-to-locate-possible-religious-education-employment F1 Student utilizing OPT for Teaching Experience: A student visa holder may be able to acquire the ability to work (aka Employment authorization Card or Optional Practical Training) for 1 to 3 years (depending on whether education was STEM or Non-STEM). This teaching experience is very beneficial for acquiring a H-1B teaching position after the OPT Period. Second, What are some tasks every Philippine Teacher should Consider? Credential Education: Our clients have had positive experiences working with World Education Services , International Education Evaluations , and Education Credential Evaluators . However, the National Association of Credential Evaluation Services (NACES) provides a list of qualifying companies: https://www.naces.org/members . A helpful note, USCIS requires applicants to provide evidence of all degrees, certifications, or licenses received, including specifically: (1) Transcripts, (2) Diplomas, (3) Degrees, and (4) Certificates. Study for the TOEFL: Study for the Test of English as a Foreign Language. Recommend reviewing a free study guide or practice tests. Study for the PRAXIS: The Praxis exam tests the knowledge and skills needed to teach in a specific subject area and grade level. The testing requirements may vary on the state you plan to teach in as well as the grade level or subject area you are seeking to teach. Lastly, how can a Philippine Teacher locate an H-1B Position? Ideally, you should look for Schools that have sponsored in the past. If they've done it in the past, they may be willing to sponsor again in the future. An unofficial (non-government website) list can be seen here: https://h1bgrader.com/job-titles/teacher-g101183607/lca/2025 (You can limit the list by Specific Teaching Position, by Year, and also by State) This should be the starting point of Philippine Teachers planning to acquire an H-1B Teaching Position in the United States.
By Franchesco Fickey Martinez May 8, 2025
For starters, in 2025, the DOS/NVC has created/provided a tool that has been recommended by the immigration industry for YEARS. The Tool Helps estimate when a visa interview will be scheduled. Seriously, this hasn't been a thing, a resource provided by the US Federal Government up to this point. However, before we get the end of the process, lets talk about the begining and middle, and how to interpret the "new tool." What are the overall Parts of the Process? From a general overview, the immigration process is broken into: Petition Phase at USCIS Transfer from USCIS to NVC and either a visa is immediately available or a Visa must be waited for according to the Visa Bulletin DS-260 Visa Application and I-864 Affidavit of Support filing at the NVC The Immigrant File is Documentarily Qualified (aka Documentarily Complete) at the NVC and the file sent to the Embassy/Consulate Immigrant Visa Interview Green Card Visa is printed, immigration to the US occurs, and a Green Card arrives in the mail in 3-4 months What Visa Visa Categories are covered by this new Tool? There are three main categories: Immediate Relative Visas Spouses of U.S. citizens Children (under 21 and unmarried) of U.S. citizens Parents of U.S. citizens Family-Sponsored Preference Visas Unmarried sons and daughters of U.S. citizens Spouses and children (under 21 and unmarried) of lawful permanent residents Unmarried sons and daughters (21 and older) of lawful permanent residents Married sons and daughters of U.S. citizens Siblings of adult U.S. citizens Employment-Based Preference Visas EB-1: Alien with extraordinary ability EB-1: Outstanding professor or researcher EB-1: Multinational executive or manager EB-2: Professional holding advanced degree EB-3: Skilled worker EB-5: Investor (employment creation)
By Franchesco Fickey Martinez April 8, 2025
Polygamy is not recognized in the United States. Polygamy is the historical custom or religious practice of having more than one wife or husband at the same time. It is also called plural marriage. When it is a man having multiple wives, the proper term is: Polygyny . When it is a woman having multiple husbands, the proper term is: Polyandry. Polygamy is illegal and a criminal offense in all fifty states of the US. As a similar note, Bigamy is the crime of being intentionally married to more than one spouse at a time. It is similar to Polygamy, except it focuses on the spouse that connects multiple marriages together. Bigamy is a Crime of Moral Turpitude that may permanently bar an immigrant from ever being able to Naturalize as a US Citizen. Should you apply for a Green Card, if you’ve practiced polygamy? No, if the subsequent marriage is being attempted to be the basis of a marriage-based Green Card filing, and no divorce(s) have occurred. Yes, if all prior marriages have been divorced, AND the marriage that is to be the basis of a marriage-based Green Card filing has been re-married. Should you apply for a Green Card, if you have committed bigamy? No, if the subsequent marriage is being attempted to be the basis of a marriage-based Green Card filing, and no divorce(s) have occurred. No, unless ABSOLUTE FULL DISCLOSURE is completed, zero omissions have occurred, and the adjudicating immigration officer at USCIS or DOS is able to review and decide on eligibility. Should you apply to naturalize if you’ve practiced polygamy? If you had practiced polygamy in the past, prior to coming to the United States, your history of polygamy should not be a barrier to becoming a U.S. citizen. However, if you have practiced polygamy within the U.S., you should not naturalize without first consulting with an immigration attorney. Polygamy is illegal; regardless if you've ever been charged or convicted. Denial is possible; which if there is a denial, deportation is a possibility. Should you apply to naturalize if you have committed bigamy? Depends! If you intentionally committed bigamy and used a bigamous marriage to apply, enter, or immigrate to the US, then NO! If your bigamy was accidental: examples: IF you believed your prior spouse was dead, but they turned out to be alive, or IF you believed that you were divorced, but the divorce filing was never finalized or were forged by the prior spouse THEN you may or may not (heavily depends on the facts) need to wait for five years from the time of the legal divorce to naturalize. You would still need to fully disclose the marital history in the N-400 application. However, the USCIS officer will consider whether you meet the good moral character requirement for naturalizing. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
By Franchesco Fickey Martinez April 7, 2025
The Philippines, a beautiful country with polite people, delicious food, and a positive culture. Marrying someone from the Philippines is wonderful! This article will discuss the two common questions: How does a US Citizen marry in the Philippines? How does the Philippine Spouse immigrate to the US? If you are interested in the US K-1 […] The post US Citizen’s Guide to Marrying in the Philippines and Immigrating a Philippine (Filipina) Spouse to the United States appeared first on Fickey Martinez Law Firm.
By Franchesco Fickey Martinez April 2, 2025
This article will cover specifically Catholics that are considering teaching for a Catholic School under the R-1 Visa for Religious Workers. Over the years, the following article has led numerous J1, F1, and H-1B Teachers to R-1 Teaching Positions: https://www.fickeymartinezlaw.com/r1-visa-for-school-teachers-at-religious-private-schools-an-alternative-to-the-h-1b-visa However, the common questions are always raised: How do I locate Openings at a Catholic School? There are many locations in which to find current availabilities. The primary source is the online listing for any given Dioceses. Our main office is located in NC, which the Charlotte and Raleigh Diocese availabilities can be seen here: https://dioceseofraleigh.org/employment https://charlottediocese.org/employment-opportunities/ N ational listings can be seen here: h ttps://www.catholicjobs.com/search/teacher https://jobsforcatholics.com/jobs/?q=teacher&l= https://careers.ncea.org/ What kind of Schools can Sponsor an R-1 Visa? Catholic schools have a very close connection with the local Parish/Catholic Church, and fall within the organizational structure of the local Dioceses. Now, it is important to note, not every Catholic School may be interested in sponsoring an R-1 Visa. If they have never sponsored before in the past, they may not want to begin now. However, as there is generally a teacher shortage in almost every state, Teachers are in high demand. For a Catholic School, the teacher would also have to be a Catholic/of the same denomination (which that is true for any catholic teacher position, whether hiring a US Citizen or for sponsoring a foreign national). What are the Requirements for the Teacher to Qualify? Yes, the Teacher must Generally: Prove belief in the Catholic Faith for at least 2 years prior to any R-1 Employment, which would be evidenced by certificates of Baptism, Confirmation, and Communion/Sacrament. If you do not have a Catholic Record/Certificate, they can be ordered from the local Parish anywhere in the world. Proof of weekly Mass Attendance, evidenced by support letter from the Priest. If attended Mass at multiple Parishes/Catholic Churches over the years, then evidenced by support letters from the respective Priests. Teacher Specific Items: Passing Score in the PRAXIS Credentialing of any and all education, Credentialing explained below Applying for Teacher Licensure in the state of employment Do you recommend any Credentialing Companies? Our clients have had positive experiences working with World Education Services , International Education Evaluations , and Education Credential Evaluators . However, the National Association of Credential Evaluation Services (NACES) provides a list of qualifying companies: https://www.naces.org/members . USCIS requires applicants to provide evidence of all degrees, certifications, or licenses received, including specifically include: (1) Transcripts, (2) Diplomas, (3) Degrees, and (4) Certificates. How Long is the R-1 Visa good for? 3 0 Months or 2.5 Years, and it can also receive a 30 Month/2.5 Year Extension. So, in total, the R-1 Employment can be as long as 5 years. Can an R-1 Teacher Position lead to a Green Card? Yes, it is very much possible and common, especially since there is always a shortage of teachers, and Catholic Teachers. Can a J1 that is Subject to the 2-Year Home Residency Requirement apply for an R-1? Yes, it is common for J1 Teachers that are subject to the 2-year Home Residency Requirement to pursue a non-disqualified teaching visa. A J-1 waiver can be applied for during the R1 Teaching period. Meaning, an R1 Visa does not have the same restrictions as an H1B Teaching Visa. Alternatively, the teacher can return to the home country every summer and long break, contributing to the 2-year Satisfaction. If a prior J1 spends 2 years back in their home country, a J1 Waiver would no longer be required as the restriction would have been satisfied. Again, if you send 3 months abroad between the J1 and R1 Employment, then 3 months every summer over the next 5 years, you would have about 18 out of 24 months already "satisfied." What Does the School Need to do? To summarize: Be Interested in sponsoring the visa, providing mandetory documentation, and paying the immigration fees. File Form I-129 on behalf of an alien seeking to enter the United States as a nonimmigrant minister, or a religious worker in a religious vocation or occupation. Provide Proof of Tax-Exempt Status/the IRS 5 01(c)(3) letter Documentation that establishes the religious nature and purpose of the organization, including, but not limited to: A copy of the organizing instrument of the organization that specifies the purposes of the organization; Organizational literature describing the religious purpose and nature of the activities of the organization; and A religious denomination certification, included as part of the Form I-129, Supplement R, stating that the petitioning organization is affiliated with the religious denomination. The religious denomination certification should be signed by an organization other than the petitioning organization, and attest that the petitioning organization is part of the same religious denomination as the attesting organization. Provide Proof of Salaried Compensation showing how the school intends to compensate the religious worker/teacher, including specific monetary or in-kind compensation. Provide Proof of Denominational Membership and Evidence Regarding the Prospective Position of the intended Visa Holder. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
By Franchesco Fickey Martinez April 2, 2025
[Publicación en español] Finally, the interview is here!!!! The finish line is within arms reach. However, many things need to get done, and be done ASAP. But but but THEY MUST BE DONE IN ORDER. Please don’t focus on something minor, when other matters must be done since time is of the essence. First: LOCATE […] The post Immigrant Visa Interview Scheduled: What to Focus on Now and In What Order appeared first on Fickey Martinez Law Firm.
More Posts