ABOUT THE K-3 MARRIAGE VISA
The Marriage K-3 Visa is for individuals who are already married, unlike the Fiancé K-1 Visa for couples planning to marry. Many of the procedural requirements of the marriage visa are similar to the fiancé visa, except that considerably more paperwork is required. It may be quicker and easier for you to obtain a fiancé visa if you are not yet married, particularly if you are currently living in the United States. Additionally, a marriage that takes place abroad can sometimes pose unique challenges in obtaining a K-3 visa.

To file a petition to obtain a K-3 visa for your spouse, you must be a U.S. citizen. Spouses of permanent residents cannot obtain the K-3 marriage visa. If you are planning on marrying your fiancé while he/she is in the U.S. and your fiancé is not in the states on a K-1 visa.

Children of the K-3 recipient may also qualify for the K-4 visa. A child may qualify for a K-4 visa if he/she is an unmarried minor child less than 21 years of age of a qualified K-3 visa applicant.

If you are considering a K-1 fiancée visa or K-3 marriage visa contact us for a free attorney consultation.

MARRIAGE VISA REQUIREMENTS
The primary requirements to qualify for a marriage visa are:
1. Petitioning spouse is a U.S. citizen.
2. An immediate relative petition, that is pending, must have been filed in the United States.
3. A K-3 petition must be completed and submitted by the U.S. citizen and submitted to USCIS.

VISAS FOR NURSES
There is currently a large demand for nurses in the United States. As a result, it is easier for a nurse to obtain a visa to the United States than it is for other visa applicants. Yet it is still a complex process with strict requirements. The following is a general overview of the rules applicable to foreign nurses seeking employment in the United States.

IMMIGRANT VISAS FOR NURSES
The immigrant Act of 1990 (IMMACT90) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) retained professional nurses (RNs) on Schedule A, Group I, as precertified by the Department of Labor (DOL). RNs have the unique status of qualifying for Schedule A designation from the DOL, which recognizes professions that have an extreme shortage of available workers. The effect of such designation is that an employer may file an immigrant visa petition on behalf of an RN without first obtaining an approved labor certification from the DOL, a process that can often prove time-consuming. However, the employer must still comply with the PERM requirements.

For an RN to be eligible for a Schedule A designation, the RN must have a nursing license in the RN's home country and must have passed either the Commission on Graduates of Foreign Nursing Schools (CGFNS) examination or the National Council Licensure Examination (NCLEX) and one of several English proficiency tests. To further qualify for an immigrant visa, the RN must hold, at minimum, a two-year diploma in the field of nursing. Also, before an immigrant visa or adjustment of status will be granted, the RN must obtain from the CGFNS a "visa screen certificate," which ensured that the RN is proficient in English and that the RN's education, training, and licensure abroad are equivalent to the requirement for licensure as a nurse in the United States.

THE VISA SCREEN CERTIFICATE
The current law requires a Visa Screen certificate for most foreign nurses. The CGFNS verifies that the nurse's education is comparable to U.S. health care professionals. Validation of all licenses is documented, and a predictor or licensure exam (if applicable) is required. For nurses, it is the CGFNS Examination or the NCLEX-RN. Competence in oral and written English is also documented.

English Language Proficiency is done by approved examination services–Educational Testing Service, Test of English as a Foreign Language (TOEFL); Test of Written English (TWE) and the Test of Spoken English (TSE); Test of English for International Communication (TOEIC); and the International English Language Testing System (IELTS), Academic and General Module. Scores are valid for two years.
If an applicant is evaluated and determined ineligible he or she will be notified by written notification that will explain the reason for ineligibility. The notice will also detail what can be done to resolve an educational deficiency; e.g., supplemental courses.

If an applicant is evaluated and determined ineligible he or she will be notified by written notification that will explain the reason for ineligibility. The notice will also detail what can be done to resolve an educational deficiency; e.g., supplemental courses.

A VisaScreen certificate is issued after all documents have been received, reviewed, and authenticated, and comparability has been established.
The English Language Proficiency requirements are waived for nurses from certain English speaking countries such as Canada (except Quebec), the United Kingdom, Australia, etc.

PRIORITY DATES
Priority dates for employment-based visas for nurses are established when the complete petition package plus fee is received by an INS regional service center. Under the three employment-based categories created by IMMACT90, the priority date will follow the nurse. Licenses in the Country of Nursing Education

The nurse need have only the minimum requirement of nursing studies in his or her own country. Some countries offer a full, five-year Bachelor of Science in Nursing program at a university; others offer a Graduate Nurse degree after two or three years of nursing study. Still other countries may offer a nursing course through a hospital study program that leads to a diploma. There is no requirement of any specific degree. The only requirement is that the nurse is licensed in the country of nursing study.

CONCURRENT FILING
On July 31, 2002, the INS issued regulations that provide for the concurrent filing of an employment-based visa petition and an application for adjustment of status when approval of the petition would make an immigrant visa immediately available. For a nurse already lawfully in the United States, the concurrent filing of the immigrant visa petition and the application for adjustment of status is highly recommended. Such concurrent employment immediately upon being granted employment authorization for which the nurse will be eligible pending the adjudication of the adjustment application.

CONCLUSION
The above is a general overview of the rules applicable to nurses desiring striving to obtain a visa allowing them to live and work in the United States. The key point is that RN's have preferred status and can obtain a visa to the United States much easier than most other professions.
Our law office has the ability to assist employers desiring to employ foreign nurses as well as to assist foreign nurses seeking employment. We can help the U.S. employer locate a foreign nurse. Likewise, we can help the foreign nurse to locate employment in the United States. If you are an employer seeking to hire a foreign nurse, or a foreign nurse seeking employment in the United States, call us – we can help.

WHAT IS ADJUSTMENT OF STATUS?
Adjustment of status is a technical term used for immigration filings in the United States. It indicates that you are presently in the U.S. classed as a non-immigrant, but are in the process of "adjusting" your non-immigrant status to the status of a lawful permanent resident.

WHO IS ELIGIBLE FOR ADJUSTMENT OF STATUS?
The following foreign nationals with a lawful entry to the U.S.:

• Spouse of a U.S. citizen with an approved immigrant visa petition
• Parents of a U.S. citizen with an approved immigrant visa petition
• Unmarried children of a U.S. citizen with an approved immigrant visa petition

The following foreign nationals with a lawful entry to the U.S. and maintaining lawful status:

• Married sons or daughters of a U.S. citizen with an approved immigrant visa petition
• Brothers or sisters of a U.S. citizen with an approved immigrant visa petition
• Spouse of a lawful permanent resident with an approved immigrant visa petition
• Unmarried children of a lawful permanent resident with an approved immigrant visa petition
• Foreign nationals who entered the U.S. on the fiancé(e) K-1 visa and have married the U.S. citizen petitioner within the 90 day period
• Foreign nationals with an approved visa petition filed on their behalf by a U.S. employer
• Asylees and refugees with an approved immigrant petition
• Cuban nationals to acquire permanent residence one year after they have been inspected and admitted or paroled into the U.S.
• Winners of the Diversity Visa Lottery who are already in the U.S in a non-immigrant visa classification
• Foreign nationals who have been residing continuously in the U.S, since January 1, 1972 in lawful status

WHAT CONDITIONS MAKE YOU INELIGIBLE TO ADJUST STATUS?
Unless you are applying for creation of record based on continuous residence since before January 1, 1972, or adjustment of status under a category in which special rules apply (such as 245(I) adjustment, asylum adjustment, Cuban adjustment, special immigrant juvenile adjustment, or special immigrant military personnel adjustment), you are not eligible for adjustment of status if any of the following apply to you:

• You entered the United States in transit without a visa;
• You entered the United States as a non-immigrant crewman;
• You were not admitted or paroled following inspection by an immigration officer;
• You are employed in the United States without USCIS authorization or you are no longer legally in the country (except through no fault of your own or for some technical reason). This rule does not apply to you if:
• An immediate relative of a United States citizen (parent, spouse, widow, widower or unmarried child under 21 years old);
• A K-1 fiancé(e) or a K-2 fiancé(e) dependent who married the United States petitioner within 90 days of admission; or
• An H or I non-immigrant or special immigrant (foreign medical graduates, international organization employees or their derivative family members);
• You were admitted as a K-1 fiancé(e), but did not marry the U.S. citizen who filed the petition for you, or you were admitted as the K-2 child of a fiancé(e) and your parent did not marry the United States citizen who filed;
• You are a J-1 or J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement.
• You have A, E or G non-immigrant status or have an occupation that would allow you to have this status, unless you complete Form I-508 (I-508F for French nationals) to wave diplomatic rights, privileges and immunities and, if you are an A or G non-immigrant, unless you submit a completed Form I-566;
• You were admitted to Guam as a visitor under the Guam visa waiver program;
• You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower or unmarried child under 21).
• You are already a conditional permanent resident.

If you are considering filing an adjustment of status or need to determine whether you are eligible or ineligible to file for an adjustment of status, please contact us for a free attorney consultation.

THE IMPORTANCE OF ESTATE PLANNING
There are very few things in life one can be certain about, but one fact we must all accept is that someday we are going to die. Often we perceive death as something that will occur far off in the distant future, not something of current importance or consideration. The truth is, we have no control over when we will pass, but we do have some control over how our affairs and assets will be handled after death.

This is what makes estate planning a step of such immediate importance in our lives. It gives you the choice, while you are still living, to determine the who, what, when, where and how of your estate. It helps to ensure that your property will go to the people you want it to go to, in the way you want it to, at the times you want it to. It allows for substantial savings when dealing with taxes, court costs and attorneys' fees; and it helps your family and friends avoid the burden of the bureaucracy and financial confusion that often occurs after the death of a loved one. Through estate planning there are legitimate planning techniques available to minimize this risk and to protect assets.

Besides reducing estate and income taxes, pre-death planning techniques can produce other benefits. They make it easier to administer the estate if death is preceded by a period of incapacitation. They allow people to spell out in advance their wishes about being kept alive with artificial life-support systems. And, to a limited extent, it's also possible to use some strategies to increase the size of the estate.

THE BASICS OF ESTATE PLANNING
Some steps estate-planning specialists suggest to ensure that a dying person's wishes are carried out, to reduce taxes and to make life easier for survivors:

• DURABLE POWER OF ATTORNEY
  The durable power of attorney is a lifetime planning toll that terminates upon your death. A durable power of attorney appoints a designated person to handle financial affairs if you are unable.


• MEDICAL DIRECTIVES: LIVING WILL, HEALTH CARE PROXY, POWER OF ATTORNEY FOR HEALTH CARE
  Creating a medical directive, which may include a number of different documents such as a health care proxy, health care decisions and a living will, are medical instructions to ensure your wishes regarding your medical care are carried out.


• LAST WILL & TESTAMENT
  A Will stipulates to whom you want to leave your assets and appoints the person or entity that will manage your estate after your death.


• TRUSTS
  There are numerous types of trusts, which when implemented appropriately can avoid probate and allows trustee to manage assets if you become incompetent.


• GIFTING
  Making gifts of up to $12,000 to children or other heirs can help save on estate taxes. You can give up to $12,000 away per year, per donee of the gift. If your spouse joins you, you can gift up to $24,000 which is not subject to gift tax or estate taxes.


• STOCKS
  If you need cash, sell "loser" stocks or high-basis stocks to benefit from the step-up low basis stocks allow for heirs. Assets that are included in your taxable estate receive a new basis equal to fair market value. For example, an asset with a tax basis of $1 is worth $10 upon your death. If your heir sells the asset for $10, then the heir will pay no income taxes because the tax basis was stepped-up to $10 upon your death.

Elder law is an area of legal expertise that combines the traditional concepts of estate planning (such as wills and trusts, with additional legal tools designed to help individuals retain personal autonomy in the event of incapacity.

With advance planning, you can take advantage of alternatives to Guardianships and maintain as much control as possible over your own legal decisions, financial decisions, and health care decisions. It helps to spare loved ones the burden and unfortunate experience of having to "take over" without guidance or adequate legal authority.

Elder Law helps to guide individuals and their families so that they may:

• Reduce Income, Gift, and Estate Taxes
• Avoid Spousal Impoverishment
• Preserve Family Assets in the Face of Potentially Catastrophic Long-term Nursing Home Costs