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Adjustment of Status for the K-1 Fiancé(e): What You Need to Know?

In our previous article “The K-1 Fiancé(e) Visa Interview: 45 Questions You Need to Know”, we met Xia Chang. With the help of VisaPro immigration experts, Xia successfully passed her K-1 fiancé(e) visa interview. She received her K-1 visa and travelled to the U.S. within six months of receiving the visa stamp. As required by immigration regulations, Xia and Jacob Miller, her U.S. citizen fiancé married within 90 days of her entry into the U.S. Xia and Jacob have been told by their friends that they now have to file an “Adjustment of Status” application so that Xia can obtain legal permanent residence or the “green card” but they’re not sure of how the process actually works.

“Adjustment of Status” (AOS) is the process whereby a person who is physically present in the U.S. can apply for legal permanent residence without leaving the U.S. or having to go to a U.S. Consulate abroad. Upon entering the U.S. on the K-1 fiancé(e)visa, the foreign national fiancé(e) is only authorized to stay in the U.S. for 90 days and must marry the U.S. citizen fiancé(e) within those 90 days. Upon entering, the foreign national fiancé(e) may also apply for a social security number and an Employment Authorization Document (which will only be valid for the validity period of the stay). Once married, the foreign nationalK-1 fiancé(e) (now spouse) must file forAOS in order to remain in the U.S. and get the “green card” or permanent resident status. Regardless of whether the foreign national marries or not within the 90 days, his or her legal status in the U.S. will expire after 90 days. There are no extensions. We strongly advise that the AOS be filed before the end of the foreign national’s 90-day period of stay (i.e. before the I-94 expires).

The Application to Adjust Status (Form I-485)

The Forms: In addition to the I-485, there are several other mandatory and supplemental forms that should be filed in order for the foreign national to obtain permanent resident status or the green card. The forms that must be completed and filed concurrently to USCIS are:
Initial Evidence and Other Supporting Documents: In addition to the forms, the following documents should also be submitted in support of the AOS application. Failure to submit these documents may delay the processing of the case.
1. A copy of the I-129F Approval Notice;
2. A copy of the foreign national spouse’s biographic page of the passport (a separate copy should also be included with the I-765 and the I-131);
3. A copy of the foreign national spouse’s K-1 visa and I-94 Arrival/Departure Record, front and back;
4. A copy of the foreign national spouse’s birth certificate;
5. A copy of the Marriage Certificate;
6. 4 passport-sized photographs- guidance on photo specifications can be found here and here. The foreign national applicant’s full name and A-number should be written with a pencil or felt-tipped pen on the back of each photograph;
7. A copy of any EAD cards issued to the foreign national should be included with the I-765 application.
All AOS applications based on the K-1 visa must be filed with the Chicago lockbox. Once the AOS application is submitted, the foreign national spouse should receive 3 “receipt notices” or I-797 Notices of Actions verifying submission of the I-485, I-765 and I-131 and receipt of the fees. The foreign national spouse will also receive the ASC Appointment Notice notifying him or her to appear for Biometrics at a local office or Application Support Center. Biometrics involves the taking of fingerprints (of all ten digits) and a digital photograph.
The Adjustment of Status Interview: The next and usually final step of the AOS process is the interview at a USCIS Field Office. Much like the foreign national fiancé(e)’s K-1 visa interview at the U.S. Consulate abroad, the Immigration Services Officer will want to verify the bona fides of the marriage and the alien’s admissibility.

The foreign national spouse will receive a notification to appear for the interview. The notice provides the time of the appointment as well as the location and instructions in case the appointment needs to be rescheduled. The Notice will also give a general list of documents to bring to the interview. The U.S. citizen spouse is also required to attend the interview.

Here is a list of documents that must be brought to the interview:
1. The interview notice;
2. The foreign national spouse’s passport (bring previously held passports if applicable, for example if the K-1 visa was stamped in a previously issued passport);
3. The foreign national spouse’s original I-94 Arrival/Departure Record;
4. The original I-129F Approval Notice and any and all previously held immigration documents or correspondence;
5. The foreign national spouse’s EAD card and Advance Parole documents;
6. Both individuals’ driver's licenses or state issued identification;
7. Both individual’s original birth certificates;
8. The original marriage certificate;
9. The U.S. citizen spouse’s U.S. passport and/or naturalization certificate (if applicable);
10. Birth certificates of the applicant's children (if applicable);
11. Updated documents to supplement the Affidavit of Support including most recent tax return, Form W-2 and pay stubs;
12. Documentation evidencing the bona fides of the marriage. This can include but is not limited to:
  - Photographs showing a bona fide relationship- the pictures should include pictures from before the wedding, the wedding itself and after the wedding;
  - Joint leases and/or mortgage documents;
  - Bank accounts;
  - Utility bills;
  - Insurance policy (health and/or life);
  - Credit cards;
  - Proof of joint ownership of cars, homes, furniture, etc.;
  - Any additional evidence you wish considered to establish a bonafide marriage.

The questions asked at the interview are customarily similar in type and scope to those asked by the Consular Officer at the K-1 visa interview. It would be a good idea to review the questions from “The K-1 Fiancé(e) Visa Interview: 45 Questions You Need to Know” for each individual. Additional questions may be about the activities of the foreign national spouse since entering the U.S. to ensure that he or she did not violate his or status or commit any crimes in the interim or about the wedding. It is very important to prepare for this interview as diligently as for the first interview at the consulate.

Conclusion:

Once the AOS application is approved, the foreign national spouse will receive the Form I-551, better known as the “green card.” If the marriage is less than two years old on the date of the approval of the AOS application, then the foreign national will be granted “conditional residence”. Conditional residence or conditional green card is only valid for two years. In the 90 days preceding the expiration of the card, which is the two year anniversary of the receipt of conditional residence, the foreign national spouse and U.S. citizen spouse must apply to “Remove the Conditions of Residence” by filing the Form I-751. This form must be submitted before the card expires. If the marriage is at least two years old on the date of the approval of the AOS application, then the foreign national will be granted permanent residency.

The foreign national spouse, who is now a legal permanent resident, will be eligible to apply for naturalization to become a U.S. citizen after 3 years as long as all other eligibility criteria are met.

This article helped Jacob and Xia understand the Adjustment of Status process for K-1 visa holders. They are now diligently collecting the information, documents and photographs required for submission while VisaPro is assisting them in filing the application.

The above article is brought to you by "VisaPro.com". VisaPro’s US Immigration Lawyer Services include K-1 Visa, K-3, Adjustment of Status, Advance Parole and over 100 other Immigration Services.

The information in this article is not intended to be legal advice. If you have questions specific to your case, we suggest that you consult with the experienced immigration attorneys at http://consultattorney.visapro.com

Visit VisaPro regularly for updates and the latest immigration news at http://www.visapro.com

Marriage Based Green Card Interview Questions

Emily, a foreign national, is married to Devon, a U.S. citizen. They have been married for about 18 months and Emily filed for Adjustment of Status following her marriage. She recently received a letter from USCIS asking her to attend an interview with her husband. Emily and Devon had imagined that the Green Card marriage interview would only be a formality for them, as they were genuinely married. However, they came to know from their friends that the Green Card marriage interview is not always a routine formality, and may be tough. They were informed that even couples married for a longer period of time find the USCIS marriage interview difficult. With the interview being scheduled for next week, Emily and Devon started to worry as they had not prepared anything for the interview so far.

Green Card Marriage Interview: Introduction

As a part of the Green Card process, all adjustment of status applicants filing as the spouse of a U.S. Citizen or a Lawful Permanent Resident (LPR) need to, along with their spouse, attend a marriage interview. The Green Card marriage interview is generally conducted at a USCIS district office. The purpose of the interview is to enable the interviewing USCIS officer to verify that the marriage to a U.S. citizen or LPR is bona fide and genuine and is not a marriage entered into for the sole purpose of gaining any immigration benefits.

At the USCIS office the applicant and U.S. citizen spouse may be interviewed together, or may be questioned separately. Sometimes the interview may also be video-taped. The purpose of the USCIS marriage interview is to identify sham and/or fraudulent marriage arrangements that are entered into for the purpose of immigration benefits. There is no specific list of Green Card interview questions that you may be asked. The flow of the interview is generally dependent on the convincing responses provided by you to the various questions posed by the officials. The Green Card marriage interview is a major aspect in the inspection process, and should not be presumed as simple and easy or as a mere formality.

We at VisaPro understand the anxiety married couples go through before a Green Card marriage interview. To save our readers the hassle of visiting various forums to gather information on what to expect during the interview, we put together some common marriage based Green Card interview questions asked by USCIS officers and tips on how to better prepare for the marriage based Green Card interview.

Green Card Interview Questions You May Be Asked

Listed below are some sample marriage based Green Card interview questions that you may be asked, and some helpful tips to successfully navigate your marriage interview.

Questions About Your Courtship Period
Reflect on the history of your relationship. Be prepared to portray your journey from initial meeting to marriage. First date, subsequent meetings, important events, happy moments, sad moments, disagreements, times spent together, times spent with each other’s family and friends, special gifts, proposal, acceptance, sharing the news with family and friends, etc.
1. Who introduced you to your spouse?
2. When and where did you meet the first time?
3. Could you describe the first meeting?
Read more questions that USCIS Officer may ask about your courtship period.
Questions About Your Wedding
Be prepared to answer questions about the wedding ceremony, reception, guests, interesting or embarrassing events, if any, that happened during the ceremony or reception, what was served, how guests were entertained, did the wedding ceremony have a theme, who wrote the vows, who purchased the rings - how and where, who paid for the ceremony, honeymoon plans, etc.
1. What is the date of your marriage?
2. What day of the week did you get married?
3. Where was the wedding held?
Read more questions that you should be prepared to answer about your wedding.
Questions About Your Living Conditions
Be prepared to answer questions relating to your present and past residences where you have lived together, including furniture and appliances, automobiles you have or had, type of residence, how big or small, number of rooms, neighbors, and visitors. Also be prepared to answer questions about job details, work schedules and working conditions, earnings, joint-spending, investments, tax filings, joint bank accounts, financial dealings, mortgages, future plans etc.

If the USCIS officer suspects fraud he or she will go into much more detail. If this is the case you may also be asked to draw a sketch of a particular room or portion of your residence.

Sometimes you may also be asked to show your house keys and tell what keys go to each door.
1. Describe the place where you lived right after the marriage? Number of bedrooms and bathrooms; furnishings; color of walls, floor covering, appliances, etc; type of air conditioning (window or central), heating (gas or electrical), etc; number of telephones, TV sets etc.
2. Where do you live now?
3. How long have you been staying at the current address?
Read more questions about your living conditions that you should be prepared to answer.
Questions About Your Lifestyle and Habits
Be prepared to answer questions about each others general habits, lifestyle, preferences, daily routines, schedules, household chores, favorite pastimes – individual and together, holidays spent together, specific rituals that you follow, shopping habits, food habits, sleeping habits, religious routines, etc.
1. Do you set up the alarm clock to get up in the morning?
2. Who gets up first? At what time?
3. Who does most of the cooking?
Read more questions that USCIS Officer may ask about your lifestyle and habits.
Questions About Each Other, Each Other’s Family and Relatives
Be prepared to answers questions about each other’s relatives, friends, family, work place, family gatherings, festival celebrations, family holidays, anniversaries, dates and events of importance, etc.

Be prepared to answer especially about your children, your spouse’s children from previous marriage, parents, siblings, other close relatives, if any, etc.
1. What is your spouse’s full name?
2. What is your spouse’s date of birth?
3. What is the city and country of your spouse’s birth?
Read more questions that USCIS Officer may ask you about each other, each other’s family and relatives.
Questions In relation to Your Green Card Interview Day
Be prepared to answer questions about how you got to the interview venue, how your day had progressed so far, what happened in the immediately preceding days, plans for the rest of day, immediate future plans etc.
1. Did you or your spouse go to work yesterday?
2. If so, at what time did you and/or spouse leave the house and return?
3. Did you eat dinner together last night? What did you have?
Read more qquestions that you should be prepared to answer in relation to your Green Card Interview day.

Conclusion

The Green Card marriage interview is a major aspect in the inspection process before being granted a green card through marriage, and keeping in mind this often-abused route for gaining immigrant status, the officials do not make it an effortless process. Immigration officials may also search social networking sites such as FaceBook and MySpace to investigate your intentions. If a USCIS officer suspects any fraud they may investigate your place of residence and look closely at photographs you supply to determine if they have been altered. It is incumbent on you to prove that your marriage is not solely for immigration benefits.

The Green Card Marriage Interview should not be presumed as simple and easy, or as a mere formality. Though the marriage may be bona fide, there is every possibility that the interview may become a grueling and painful event. The Green Card interview questions asked are designed to determine how well you know your spouse and that you have a bona fide marriage. You and your spouse should spend some time reviewing your entire lives together prior to attending the immigration interview. Even married couples living together for many years may have difficulties remembering all of the facts of their relationship. It is therefore advisable that you and your spouse prepare thoroughly for the interview to limit the stress and anxiety generally associated with a Green Card marriage interview. Finally, take the original documents with you of any document you submitted with your adjustment application.

Following the advice of an immigration expert, Emily and Devon started preparing for their Green Card marriage interview. They arrived at the immigration office early on the interview date and brought all relevant documents with them. Their preparation helped them answer, confidently and convincingly, the Green Card interview questions , and Emily obtained her Green Card without any hassle.

Read more about 10 helpful Tips for a successful Green Card marriage interview.

If you have questions about your green card marriage interview and what steps you should take preparing for one, please consult a VisaPro immigration attorney. We will be happy to guide you through the process.

The above article is brought to you by "VisaPro.com". VisaPro’s US Immigration Lawyer Services include K-1 Visa, K-3, Adjustment of Status, Green Card, and over 100 Immigration Services.

Visit VisaPro regularly for updates and the latest immigration news at http://www.visapro.com/Immigration-News

Green Card Marriage Interview: 10 Tips to Succeed

Jennie Barbara, a foreign national, and Robbie Nathan, a U.S. citizen, have been married for about a year now. Robbie filed an immediate relative petition for Jennie shortly after their marriage, and Jennie filed for Adjustment of Status (AOS). Despite the fact that everything is going very well in the marriage Jennie is becoming extremely overwrought because she has an appointment with the U.S. Citizenship and Immigration Services (USCIS) next week for her marriage based green card interview. Robbie and Jennie had heard that getting green cards through marriage would be easy. However, after filing the applications Jennie began hearing many horror stories from her friends who had gone through the process. With each new story and each passing day as her green card marriage interview date came closer, she became more nervous and began to have sleepless nights. Jennie’s tensions and restlessness became a cause of worry for Robbie as he knew that this could create problems for her in the upcoming immigration marriage interview and could even plant a seed of suspicion in the mind of the USCIS officer interviewing them.

The “green card marriage interview,” which both of the partners are required to attend as part of the green card process, should not be presumed as simple and easy; it has the possibility of being a very grueling and painful event. You can take the stress and anxiety out of the situation through thorough preparation.

You can begin by gathering the documentation that you will need for your marriage based green card interview. The green card marriage interview notice you received in the mail has an exhaustive list of the documents you will need to bring with you to the interview, follow it very carefully.

Robbie, realizing the seriousness of the situation, and taking into account his wife’s anxiety, sought the advice and help of an expert immigration attorney. The attorney eased Jennie’s tension and asked her to keep in mind ten simple things for being successful at the green card marriage interview. And, to Jennie’s surprise, these ten simple tips really worked out well for her.

Always be on time for your immigration marriage interview: Never be late. USICS officers expect you to be on time for your immigration appointment. It is always advisable to arrive at least 45 minutes before your scheduled interview time. If you have an attorney, and you are nervous about the green card marriage interview, or you have any kind of complication in your case, it is very important that you begin the interview only when your attorney is present.
It is important to know that all immigration offices are in secure facilities and you will not be allowed to bring certain items into the immigration building, generally including: cell phones with cameras, matches, lighters, any liquids, sharp objects, and pepper spray.
Dress formally and conservatively: The way you are dressed is the first thing that an USCIS officer will see and it makes an immediate impact on them. Therefore, you have to be careful about the clothes you wear on your interview. On the day of your marriage based green card interview it is always advisable to dress formally, i.e., dress as if you are going to a job interview or to church. And remember that you will be entering a federal building and going through security and a metal detector.
Be well organized – listen and respond appropriately:The USCIS officer is only given a short amount of time to conduct a green card marriage interview for each couple - usually only 10-15 minutes for a marriage based green card interview. They are highly appreciative when you come to the interview properly organized and are not overly talkative. You should keep your answers short and to the point. If the officer needs more information, they will ask you another question.

Do not let any periods of silence intimidate you. It is perfectly acceptable to sit quietly and wait for the next question. When you are asked a question, listen very carefully and answer the specific question. Nothing will fan the flames of an immigration officer’s suspicions more than an applicant who does not answer the questions asked.
Never guess on anything: The denial of many marriage-based immigrant visa cases have one thing in common: people’s attitude that they have to give an answer and guessing. One of the biggest mistakes a person can make is to guess when he or she does not know the answer to a particular question. Instead of guessing at an answer and getting it wrong it’s always advisable to say "I do not know" or "I don’t remember".

Let’s look at an example: a husband during his green card marriage interview was asked what he had given his wife for a gift on their first marriage anniversary. He could not remember what he bought her, but just to avoid embarrassment he told the officer that he bought her a gold ring. When his wife was asked what he had given her, she stated that he gave her beautiful dress. Because of the difference in the answers, the officer will begin to doubt that the marriage is real.

Thus it is fine to say that you don’t remember instead of guessing the answer and going down the wrong road.
Nothing to memorize: Remember that there is nothing that you need to learn by heart for the interview. There are no specific test questions prescribed for the immigrant interview that you have to memorize. What we mean by this is if the officer asks what was the date when you last entered the U.S.? And you cannot remember you are allowed to look at your I-485 Form, Page 1, for the Date of Last Arrival. That’s it...
Reflect on the history of your relationship: During the marriage based green card interview the USCIS officer will ask you questions designed to highlight some of the grounds and history of your relationship; i.e., when did both of you first meet, when was your first date, what did you eat on your first date, etc. You should be able to present the circumstances under which you met your spouse and portray your journey from engagement to marriage. Remember it’s not a police interrogation; it’s only an inspection which everyone has to go through so you are not the exception.
Be prepared for ‘The wedding Game’: If the USCIS officer suspects that the marriage may not be real they may separate you and interview you individually. While not necessarily designed to be tricky the questions will trip up spouses that are not familiar with each other. In this case each spouse will be asked a series of questions about the another and their life together, ranging from "Where was your husband born?" to at times much more simple questions such as "What is your husband’s favorite pass time?" Your answers to these questions will be compared against those provided by your spouse to determine your level of familiarity. The USCIS officials’ goal is to verify whether or not you and your spouse are indeed living together in an intimate relationship. Remember to pay attention to the details of your living arrangements before the immigration marriage interview period. You may also want to quiz each other on your respective personal information.
Be what you are: The USCIS officials are trained to, and have experience at, analyzing body language and interactions between a couple. They are constantly looking for signs that suggest the two of you are not comfortable together, as it happens in most of the “sham or green card marriages" where the two people are in no way involved in an intimate relationship. In an attempt to show that they are married some couples show too much affection, which may appear forced and unnatural, and at the opposite end of the scale some have no interaction at all. You should neither show disparity nor do you need to show too much of affection, just behave as you both always do. Be calm and relaxed. A simple sense of togetherness and mutual concern is what wins in the end.
Be prepared with the proper documents: Carry a set of original documents and a complete set of duplicate copies that you can give to the USCIS officer. You are expected to provide certain documentation to prove the validity of your marriage. The documents requested include, but are not limited to, wedding invitations, wedding photographs, birth certificates of any children you may have together, property leases with both names featured, photographs of special occasions spent together, joint bank account statements, and other joint financial documents.
Seek the assistance of an expert: If you are worried, have special circumstances, or just want peace of mind, it is worth spending few dollars to seek help from an expert immigration attorney to steer you through the whole process. There is a lot riding on the approval of your petition and it is not unheard of for those with genuine marriages to have their case denied as a result of being unprepared. The old proverb ‘if you fail to prepare, then be prepared to fail’ applies in this situation. The USCIS authorities do not take these inspections lightly and neither should you. They will conduct in depth background checks on the US citizen as well as the foreign national and will be ready for the interview. The guidance of an expert immigration attorney backing you at every step of the proceeding can certainly make the difference between residence granted and residence denied.

Conclusion:

It is estimated that each year 450,000 US citizens marry foreign nationals, out of which it is assumed that a certain percentage are for immigration purposes only. The authorities at the USCIS, however, are prepared for this often-abused strategy and do not make it an effortless process.

Thus we can see that Jennie’s worries about the green card marriage interview are not without basis as the major aspect of the inspection process before being granted green cards through marriage is the interview. Your fate will be decided by the USCIS officer that is interviewing you. The purpose of the interviewing officer is to ascertain the couple’s true intention behind the marriage. It is the job of the married couple to prove they did not marry for the immigration benefits alone.

The above are a few key points that could ease Jennie’s tensions and nervousness. These are some of the things that you need to keep in mind when “preparing” for your green card marriage interview. Sometimes it happens that we pay so much attention to certain things that we forget the simple things which too hold the power to change our lives and fortunes. Always remember that ‘a small thing can make a big change.’ So be friendly, smile, make eye contact, shake hands, listen to the whole question – don’t interrupt or try to anticipate the question, and everything should be fine.

If you have questions about your green card marriage interview and what steps you should take preparing for one, please consult a VisaPro immigration attorney. We will be happy to guide you through the process.

The above article is brought to you by "VisaPro.com". VisaPro’s US Immigration Lawyer Services include K-1 Visa, K-3, Adjustment of Status, Green Card, and over 100 Immigration Services.

The information in this article is not intended to be legal advice. If you have questions specific to your case, we suggest that you consult with the experienced immigration attorneys at http://consultattorney.visapro.com

Visit VisaPro regularly for updates and the latest immigration news at http://www.visapro.com

Financial Affidavit of Support: I-134 or I-864?

David, a US citizen who lives on the US/Mexico border, got engaged last month to his long-time girlfriend Maria, a Mexican citizen, and filed a K-1 fiancée petition for her.

Tatyana, a naturalized US citizen, just got married in Russia and filed an I-130 and K-3 petition for her new husband.

Matthew, who is in the US Army and has been stationed in Germany for the last 2 years, and his German wife, are getting ready for an immigrant visa interview with the US consulate.

Julianne, a permanent resident wants her cousin from Armenia to come visit for the summer.

Four people, four different situations: what do they all have in common? All four will need to file a financial affidavit of support. The big question for all four is ’which financial affidavit of support do I need to file?’ I-134 or I-864?

I-134 or I-864?

Petitioners and visa applicants are often confused about which Affidavit of Support they need to complete and submit – Form I-134 or I-864. Many are also confused as to when and to whom they need to submit the affidavit of support. This article will discuss the two Affidavits of Support – Forms I-134 and I-864, and when each should be used.

The Form I-864, Affidavit of Support, is legally required to be filed by the petitioner/sponsor for all family-based petitions, including immediate relatives, and some employment-based immigrants, to show the intending immigrant will have adequate means of support and are unlikely to become a public charge once they have immigrated to the US.

The Form I-134 Affidavit of Support is a previous incarnation of the form and is used in certain nonimmigrant cases or when asked for by a consular officer.

Comparison Between Forms I-134 and I-864

Both forms are used to demonstrate that the beneficiary of the petition or the visa applicant will not become a public charge while in the United States.

The Form I-134 is used for K-1 and K-3 nonimmigrant cases, even though the beneficiary will be coming to the US permanently. A consular officer can also ask for an I-134 if he or she has a concern over the ability of the nonimmigrant applicant to pay for their intended stay in the US.

On the other hand, Form I-864 is required for all family-based immigrants, whether they are immediate relatives or preference categories, as well as some employment-based immigrant cases. The I-864 is used whether the beneficiary is filing for adjustment of status in the US or obtaining an immigrant visa at a US consulate overseas.

Looking at our four cases above:

David, Tatyana, and Julianne will all file a Form I-134;

Matthew will have to submit a Form I-864;

Maria, David’s fiancée, and Ivan, Tatyana’s husband, will both need to file a Form I-864 once they enter the US and file for adjustment of status.

As with their uses, the forms themselves are very different. Form I-134 is a simple 2 page document which gives basic financial information and is not legally binding. By contrast, Form I-864 is several pages long, requires detailed financial information, and is legally binding. Because of its complexity, and the fact that it is a legally binding document, processing of the I-864 is a frequent cause of delay in approving an immigrant visa.

Form I-134 Affidavit of Support in Detail

Let’s start our review with the I-134 Affidavit of Support. The purpose of this form is to help demonstrate that the alien you are sponsoring will not become a public charge while in the US.

The I-134 Affidavit of Support is required in all K-1 and K-3 cases, Even though the K visas are nonimmigrant visas, the applicants are clearly coming to the US to live permanently. The sponsor must file a separate affidavit for each applicant; one for the spouse/fiancee, and one for each child that will be traveling with the fiancée/spouse. You may also be asked by a consular officer to complete a Form I-134 if he or she has questions about the financial status and ability to pay for their trip of an applicant for a different nonimmigrant visa.

When you sponsor someone to come the US, whether your fiancée or spouse to live permanently in the US, or a friend or relative to visit for a short period, either you or the applicant must show sufficient income or financial resources to support the applicant for the trip.

Evidence of Sufficient Income: Applicants using the I-134 typically will need to show that their sponsor's income is 100 percent of federal poverty guidelines.

Failure to provide evidence that shows sufficient income or financial resources may result in denial of the foreign national’s visa application or if the sponsored person is in the US his or her removal from the US.

Submission of Form: If you are sponsoring more than one foreign national, i.e., your spouse and step-child, you must submit a separate Form I-134 for each person . Where you submit the form depends on whether the foreign national you are sponsoring is in or outside the US, and what type of application is being submitted.

When your Form I-134 is accepted, the consular officer or immigration inspector will check it for completeness, including whether you have submitted all the required initial evidence. Failure to completely fill out the form, or file it without required initial evidence, may result in the denial of the application. If it is deemed prudent a USCIS officer may request more information or that you come in for an interview.

Filing Fee:There is no filing fee or processing fee for the Form I-134 Affidavit of Support.

Form I-864 Affidavit of Support in Detail

Now let’s turn our attention to the other financial affidavit of support - Form I-864. As we noted above, this is a much more extensive form, and once filed is legally binding on the sponsor.

The Form I-864 is required if you are bringing a relative to the US, whether the foreign national is an immediate relative of a US citizen or relatives who qualify for immigration to the US under one of the family-based preferences. If you filed an immigrant visa petition for your relative (the I-130) you must act as their sponsor for Form I-864 purposes.

Who can be a sponsor? To act as a sponsor you must be at least 18 years old and a U S citizen or a lawful permanent resident. You must have a domicile in the U S or a territory or possession of the United States. T his last requirement usually means you must actually live in the U S , or a territory or possession, in order to be a sponsor. If you live abroad, you may still be able to be a sponsor if you can show that your residence abroad is temporary and that you still have a domicile in the U S. .

If you, as the petitioner, cannot meet the income guidelines for a sponsor , you may be able to have either a joint sponsor and/and a substitute sponsor .

Joint sponsor:When the primary sponsor cannot meet the income requirements, a joint sponsor who can meet the income requirements may submit an I-864 to sponsor all or some of the petitioned family members.
Substitute sponsor:A substitute sponsor related to the intending immigrant may be used and file a From I-864 in place of a petitioner who has died.

Exceptions to sponsorship requirement: As with all things in life, there are exceptions to the sponsorship requirements. There is no need to submit a Form I-864 Affidavit of Support if the intending immigrant can show either:

the intending immigrant has already worked, or can be credited with, 40 qualifying quarters as defined in Social Security Act, or
that the intending immigrant is the child of a US citizen and that the intending immigrant would automatically acquire citizenship under section 320 of INA, as amended by the Child Citizenship Act of 2000, upon admission to the US.

Evidence of sufficient income: As with the Form I-134, the sponsor must show that they have sufficient income or resources so that the sponsored immigrant will not become a public charge, i.e., the sponsored immigrant will not have to rely on government assistance. For the Form I-864 the law requires that a sponsor demonstrate an income level at or above 125 percent of the Federal poverty line.

Submission of Form: Where you file the Form I-864 will depend on where your relative will be filing for their immigrant visa. If your relative is inside the US and will be filing for adjustment of status you should give the completed, notarized affidavit of support, together with all the supporting information to your relative to submit with his or her application for adjustment of status for permanent residence. If your relative is outside the US, or will be applying for an immigrant visa a US consular office overseas, you will be given specific instructions to file your financial affidavit of support directly with the National Visa Center.

Filing Fee: A filing fee of $70 is charged to process a Form I-864 which is submitted to the National Visa Center or State Department Consulates for applicants processing their immigrant visas at overseas posts. However, this fee is only applicable for affidavits of support filed through NVC or overseas posts – it does not apply to forms submitted to the USCIS for adjustment of status applicants.

The validity of Form I-864 is considered indefinite; beginning from the date the sponsor files it with the UCIS, the National Visa Center, a US embassy or consulate.

Enforcement of Form I-864 Affidavit of Support: If the sponsored immigrant uses federal means tested public benefits, the sponsor can be held responsible for repaying the cost of the benefits received. Federal means-tested benefits currently include:

Food stamps
Supplemental Security Income (SSI)
Medicaid
Temporary Assistance for Needy Families (TANF)
State Child Health Insurance Program (sCHIP)

Conclusion:

A Financial Affidavit of Support is required when you sponsor a relative to live permanently in the United States, and may be required when you invite other friends and relatives to visit you in the US. The affidavit of support is designed to demonstrate that the foreign national you are sponsoring will not become a public charge while in the United States.

Form I-134 is used when the visa sought is a nonimmigrant visa. Form I-864 is required when the foreign national is applying for an immigrant visa, either at a US consulate or through adjustment of status with the USCIS.

How your affidavit of support is completed, and the information attached to it in support of the information supplied is critical to the success of the visa application process.

If you have any queries about which financial affidavit of support you need to file, contact a VisaPro Immigration Attorney. We will be happy to guide

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Can I Get Married On a Tourist Visa to a US Citizen?

Joseph Drumbell came to the United States on a tourist visa to attend his best friend’s wedding. He was an Australian national. This was Joseph’s first visit to the US. While here Joseph met a girl and they fell in love. Maria was a US citizen by birth. Both Joseph and Maria liked each other very much and within a week they got married. They were quite happy and wanted to settle down in the US after their marriage, but there was something that made Joseph restless…

Though the marriage was entered in good faith, and Joseph had no preconceived intention of getting married while he was in the US on a tourist visa, many of his friends told him that getting married on a tourist visa was dangerous and the immigration officials will deport him back to his home country.

Joseph asked many people but, much to his surprise, he received many different answers from different people. He was now left with only one disturbing question, which needless to say, was quite disturbing: ‘can one get married while on a tourist visa?’

Let’s see which of Joseph’s friends was correct and find the answer to his question: ‘‘can one get married on a tourist visa?”

The basic answer generally, is yes. You may enter the US on a tourist visa, marry a US citizen then return home before your tourist visa expires. The time when you do run into trouble is when you enter the US on a tourist visa with the clear intention of marrying and staying in the US.

You might have heard stories about someone who got married in the US while on a tourist visa, didn't return home, and successfully adjusted his or her status to permanent resident. Why were these people allowed to stay? It is possible to adjust status from a tourist visa or visa waiver, but the people in this scenario were able to prove that they came to the US with honest tourist intentions and happened to make a spur-of-the-moment decision to get married. Proving that you entered the US with no preconceived intent to marry and file for adjustment of status can be difficult but not impossible.

You must remember that coming to the US with the sole intention of getting married in the US and filing for adjustment of status is deemed to be visa fraud, and US immigration officers do not take kindly to anyone they feel has committed visa fraud.

Eight things you should know before getting married in the US while on a tourist visa or on a Visa Waiver:

The marriage must be in good-faith:
One of the most important things that you will have to prove to the immigration officers is that your marriage is entered in good faith. If the officers realize that the marriage was entered only for the immigration benefits, they will deny the application and deport you back to your home country. You will have to submit sufficient documents and proof that your marriage is really a good-faith marriage.
Marriage should not be immediately after you land in the US:
It is generally not advisable that you get married immediately after landing in the US. If the marriage happens all of a sudden, and you can prove that, you may be alright. But if you entered with preconceived marriage plans, then it is recommended that you get married only after spending a reasonable period of time in the US on your tourist visa.
The 30/60 Day Rule:
The Department of State has an unwritten ‘30/60 day rule’ to help consular officers determine if someone has committed visa fraud. Even though this rule was developed by the Department of State, it is also used by USCIS when they are adjudicating applications within the United States. Foreign nationals coming to the US on tourist visa are subject to this “30/60 day rule.”

This “30/60 day rule” makes it risky to apply for change of status or marriage based adjustment of status within 60 days of arriving in the US and very dangerous within 30 days of arriving. People who commit visa fraud can become permanently ineligible to enter the US or receive immigration benefits. This is why it is extremely important to know about this rule and to understand how it works before you get married and apply for adjustment of status.
What will happen if you are denied Adjustment of Status?
The USCIS has very strict rules for those people who come to the Unites States on tourist visa with the sole intention of getting married and trying to stay. Not every one who gets married on a tourist visa while in the US is eligible to apply for adjustment of status. The reasons for denial of adjustment of status may include a person's health, criminal history, previous bans or simply a lack of required evidence that the marriage is bona fide or that you did not enter with a preconceived intent to marry. Let us look at the pros and cons of this situation.
If you enter the US on a tourist visa and got married, either of the following two things will happen
1. You can successfully apply for adjustment of status after the marriage and live happily ever after; or
2. The immigration officer can find there was preconceived intent, deny the application, and send you back to your home country (please note that if the immigration officer does not find that you entered into a fraudulent marriage you can always seek your immigrant visa through the consulate in your home country).
The possibility of being denied an adjustment is very real, so you should both be prepared for any eventuality.
You cannot leave the US immediately after marriage:
Once you have married and filed for adjustment of status you will not be able to leave the US until you apply for and receive advance parole or your green card. If you leave the country before receiving one of these two documents, you will not be allowed to re-enter the US. You and your spouse would have to start the immigration process from scratch by petitioning for a spouse visa for you and you will have to remain in your own country until you can complete the immigrant visa process.
Border Protection Officers are watching you:
When you arrive on a tourist visa the CBP (Customs and Border Protection) inspection officers, at a port of entry, will ask you the purpose of your travel to the US. You should always be upfront and honest with the immigration inspectors. If you state your intent as, "To see the Grand Canyon," and a search of your luggage reveals a wedding dress, be prepared for the inevitable grilling. If the border official believes that you're not coming to the US for just a visit and you cannot prove your intent to leave before your visa expires, you'll find yourself on the next plane home.
Enter the U.S. on a tourist visa, get married and return to your home country:
Many foreign nationals want to know if they can come to the US on a tourist visa to get married, but with the intention of going back to the home country after the marriage.’

Nothing says that you can't get married on a tourist visa, but this can be tricky. You can get married and go back home before your visa expires, but you'll need hard evidence to prove to the CBP officials that you intend to return your home country. You have to come armed with lease agreements, letters from employers, and above all, a return ticket. The more evidence that you can show that proves your intention to return home, the better your chances will be of getting through the border.
No excuse for visa fraud:
If you think it’s easy to fool the US immigration officers – then I would say you should think twice. If you are caught violating the immigration laws, you could be accused of committing visa fraud. If fraud is found, you will face serious consequences. At the very least, you will have to return to your home country. Even worse, you may receive a ban from reentering the US, a ban that could be indefinite.

Conclusion:

Thus, Joseph finally got all the answers to his questions.

It is highly recommended that you look at all the pros and cons of getting married in the US while on a tourist visa before doing so. It is also suggested that you consider all your options, including a fiancé or spouse visa, to avoid any complexities in future.

Some moments are very important and precious in life – marriage being one of them. Do not get married hastily. After reviewing all your options pick the route that is best suited for you. Make your marriage a beautiful moment of your life!

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K1 Adjustment of Status After Divorce: Is it Possible?

Under US immigration law when a foreign national enters the US on a K1 (fiancée) visa, he or she must marry the US citizen fiancé(e) (the petitioner) within 90 days of their arrival in the United States. After marriage they have to file for Adjustment of Status.

If the marriage is less than 2 years old at the time the adjustment is granted the foreign national will be given ‘Conditional Residency,’ valid for two years. At the end of the two years, the couple must file a “joint petition” to remove the conditions on the green card.

But what happens if everything doesn’t go as planned and the couple gets divorced while their adjustment application is pending; before the green card is granted? (i.e. the foreign national enters on a K visa, files for adjustment of status, but before the initial adjustment interview, the couple gets divorced). The issue recently came before the Ninth Circuit Court of Appeals.

Decision of the Ninth Circuit Court of Appeals on K1 Adjustment of Status After Divorce in CHOIN VS. MUKASEY, 537 F.3d 116 (9th Cir. 2008)
1. Facts of the case:
  Yelena Choin was admitted to the U.S. in 1998 as the fiancée of a US citizen, and her two children were admitted in K-2 status. On February 20, 1999, Yelena married her US citizen fiancé, Albert Tapia, and on April 14, she and her children applied for adjustment of status. Almost two years later, on April 9, 2001, five days short of their second wedding anniversary, Choin and Tapia divorced.
  
  Yelena's immigration nightmare began on August 27, 2001, when the USCIS denied her adjustment application because of the divorce, and placed her in removal proceedings. An Immigration Judge also denied her adjustment application and the Board of Immigration Appeals (BIA) agreed with the IJ. The BIA also denied Yelena's Motion for Reconsideration.
2. USCIS Arguments:
  The USCIS based their decision on the fact that the marriage was no longer viable. It was argued by the USCIS that a K1 visa holder is ineligible to adjust status to lawful permanent residence if the marriage ends before the USCIS adjudicates the application for his or her K1 adjustment of status.
3. Petitioner’s Argument:
  Yelena challenged the BIA's ruling before the 9th Circuit Court of Appeals. The principal issue was whether the Immigration Judge and the BIA had properly interpreted section 245(d) of the Immigration and Nationality Act, which holds that –
4. Opinion of the Court:
  On August 12, 2008, in an important immigration decision, the court held that foreign nationals who marry their fiancé after entering the United States on a K-1 fiancé visa, and who subsequently obtain a divorce prior to obtaining permanent resident status, are still entitled to adjust to resident status.
  
  The Appeals Court held that it found nothing in the plain language of Section 245 (d) suggesting that an application that was valid when submitted should be automatically invalid when the petitioner’s marriage ends by divorce 2 years later. The Court also held that the purpose and context of § 245(d) also do not support the government's reading of the statute that requires the automatic removal of immigrants whose marriages end in divorce while their application for adjustment of status languishes in the agency's file cabinet.
  The Court relied on their previous holding in Freeman vs. Gonzalez, 444 F.3d 1031 and as a result of the Court's decision in Choin vs. Mukasey, Yelena's immigration nightmare finally ended.
This holding continues a long line of cases (Matter of Boromand, Matter of McKee) that hold that a marriage must only be valid at inception. Indeed, the parties do not need to be married at the time USCIS adjudicates the adjustment application.
FREEMAN vs. GONZALEZ

In Freeman vs. Gonzalez, 444 F.3d 1031 (9th Cir. 2006) it was held that if a marriage to the US citizen was bona fide, the fact that the citizen spouse dies before the USCIS makes a final decision on the application for adjustment of status does not stop it from being approved.

Conclusion:

The government has long refused to grant adjustment of status for K visa recipients whose good faith marriage ended in divorce prior to the adjudication of the adjustment application. It is gratifying to see that the termination of the good faith marriage through divorce need not result in the removal of the K visa holder when it is the government that takes several years to adjudicate the applications.

Prior to the Choin decision, the USCIS would have denied the application for K1 adjustment of status after divorce, since the marriage was no longer in existence. However this is no longer true, at least for applications submitted by persons who live in any of the states within the jurisdiction of the US Court of Appeals for the Ninth Circuit (Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon and Washington).

Thus, if you enter into a bona fide marriage, but unfortunately the US citizen spouse dies, or the marriage ends in divorce before the USCIS makes a decision on the application for K1 adjustment of status, don’t panic. The 9th Circuit's holdings in Freeman vs. Gonzalez and Choin vs. Mukasey may save you from deportation and allow you to adjust your status to permanent resident.

If you have questions about what steps you should take in your particular situation, consult a VisaPro immigration attorney. We will be happy to guide you through the process.

The above article is brought to you by "VisaPro.com". VisaPro’s US Immigration Lawyer Services include K-1 Visa, K-3, Adjustment of Status, Green Card, and over 100 Immigration Services.

The information in this article is not intended to be legal advice. If you have questions specific to your case, we suggest that you consult with the experienced immigration attorneys at http://consultattorney.visapro.com

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Form I-751, Petition to Remove the Conditions on Residence of Foreign National Spouse

When a foreign national marries a US citizen they are allowed to apply for permanent resident status in the US. But if the couple has been married for less than 2 years, the foreign national will be granted Conditional Residence status.

Conditional Residence – What is it all about?

The US Congress established the conditional residence period to combat a perception that many foreign nationals were using marriage to gain Permanent Residence in the US.
At the time a foreign national obtains conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify him/her of the conditional basis of his/her status, and the requirements for removal of the conditions. Conditional Residence is for two years. The notice should include a statement of what will happen if he/she fails to file a petition to remove the conditions.

What to do when conditional residence is granted:

When the foreign national spouse receives conditional residency, at the end of the conditional period they have to verify to the USCIS, that the marriage was entered into in good faith and not for immigration benefits alone, i.e., you have to prove that you did not get married to evade the immigration laws of the United States.
During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file Form I-751 Petition to Remove the Conditions on Residence, with the USCIS for removal of conditional status. The expiration date on your alien registration card (commonly know as green card) is the date of your second anniversary as a conditional resident.
The USCIS does not send a second notice at the end of the conditional period to conditional residents to remind them to file the petition for removal of conditions.
Failure to file will result in loss of your permanent resident status. If you do not apply to remove the conditions in time your conditional resident status will be terminated, and you can be removed from the country.
Late filings are permitted with sufficient explanation of the reason(s) for being late in filing.

Once your petition is approved, you will be granted a 10-year permanent resident card.

CASE SCENARIO

Keri-Ann got married just over 3 years ago and received a conditional green card 23 months ago. Unfortunately the marriage is not out and she filed for divorce last week. She has not filed a Form I-751 to remove the conditions from her residence because she and her husband were not getting along. She has lots of proof that she got married for the right reasons (because she was in love, and not just to get a green card). Can she file a waiver application now?

No. Because she is in divorce proceedings she cannot file a joint petition, and since the divorce is not yet final she doesn’t qualify yet for the waiver. By her own statements she was not abused so she cannot seek waiver based on that ground. Keri-Ann will have to wait for the divorce to be finalized to file. She will have a legitimate excuse (the pending divorce) for filing late and as long as she has strong evidence of the validity of the marriage she should be able to remove the conditions from her status.

Who is Eligible to apply for Removal of Conditional Residency?

You may apply to remove your conditions on permanent residence if:

You are still married to the same US citizen or lawful permanent resident at the end of the two year conditional period (your children may be included in your application if they received their conditional resident status at the same time as you, or within 90 days).
You are a child and cannot be included in the application of your parents for a valid reason.
You are a widow or widower of a marriage that was entered into in good faith.
You entered into a marriage in good faith, but the marriage was ended through divorce or annulment.
You entered into a marriage in good faith, but either you or your child were battered or subjected to extreme cruelty by your US citizen or lawful permanent resident spouse.
The termination of your conditional resident status would cause extreme hardship to you.

Process for Removal of Conditional Residence Status:

When the marriage is still ongoing:
If you are still married to the same spouse your adjustment of status was based on, you must file, during the 90 days before the second anniversary of receiving status as a conditional resident, a joint petition with your spouse to remove the conditions on your permanent residence.

The Form I- 751 Petition to Remove the Conditions on Residence, signed by both you and your spouse, must be submitted to the USCIS Service Center with jurisdiction over your place of residence, together with a copy of your Permanent Resident Card and evidence of a valid marriage.

The best evidence of a valid marriage is proof that you have intermingled your finances: documents such as leases showing that you and your spouse live in the same place, documents that prove that you and your spouse own property (real or personal ) together, proof of joint bank accounts, proof of credit cards in both names, insurance in both names, joint tax returns, etc.

Another best proof that you did not get married to evade US immigration laws is birth certificates of children born to the two of you.
When the marriage has terminated:
In cases involving termination of the marriage other than by death of the spouse, in addition to the above documents, you also need to submit copy of your divorce or annulment decree, and, if applicable, evidence that you were not at fault in failing to file the petition on time . If the petitioner/ applicant is a widow or a widower, in addition to the above they also need to submit their US citizen spouse’s death certificate.

If your child received conditional resident status within 90 days of when you did, then your child may be included in your application to remove the conditions on permanent residence. Your child must file a separate application if your child received conditional resident status more than 90 days after you did.

Foreign national c hildren (step- children of the US citizen) filing separately from their parent(s) to remove the conditions on their permanent residence also submit a Form I - 751 Petition to Remove the Conditions on Residence, together with a copy of their Permanent Resident Card, and a written explanation of why they are filing separately from their parent(s), and any supporting documentation.

What happens if I am late in Applying to Remove the Conditions on Residence?

If you fail to timely file the Form I - 751, i.e., within the 90-day period before your second anniversary as a conditional resident, your conditional resident status will automatically be terminated, and the USCIS will order that removal proceedings be started against you.

At this point y ou will receive a notice from the USCIS advising you that you failed to remove the conditions from your residence, and you will also receive a Notice to Appear at a deportation hearing.

At the hearing you may review and rebut the evidence against you, including filing a Form I- 751, if you have a valid reason for failing to timely file. You are responsible for proving that you complied with the requirements of the law, i.e., the USCIS is not responsible for proving that you did not comply with the requirements to remove the conditions .

The Form I- 751 can be filed after the 90-day period. Y ou have to submit a written statement to the director of the Service Center to prove that there was good cause for failing to file the I-751 petition on time. The director has the discretion to approve the petition and restore your permanent resident status.

How Can I Get a Waiver of the Requirement to File a Joint Petition?

I f you are unable to apply with your spouse to remove the conditions on your residence, you may request a waiver of the joint filing requirement. You may request consideration of more than one waiver provision at a time.

The I-751 has two purposes and apart from being used as a joint petition for the immigrant and the U.S. citizen (or lawful permanent resident’s spouse) to petition for the removal of the condition, it is also used as an application for the immigrant to apply for a waiver of the requirement to file the joint petition.

You may request a waiver of the joint petition requirement if:

You entered into your marriage in good faith, and not solely to evade US immigration laws, but the marriage ended by annulment or divorce, and you were not at fault in failing to file a timely petition,
You entered into your marriage in good faith, and not solely to evade US immigration laws, but during the marriage you were battered by, or subjected to extreme cruelty committed by, your U S citizen or legal permanent resident spouse, and you were not at fault in failing to file a joint petition, or
Your deportation or removal would result in extreme hardship to you.

In such cases, you may apply to remove the conditions on your permanent residence any time after you become a conditional resident, but before you are removed from the country.

Can I Appeal an Adverse Decision?

If your application to remove the conditions on your permanent residence is denied, you will receive a letter that must state exactly why the application was denied. Soon after your petition is denied t he USCIS will begin the process to remove you from the country. You will be allowed to have a hearing before an I mmigration J udge who will review the denial of your application during removal proceedings.

During this review, the USCIS must prove that the facts on your application were untruthful and that your application was properly denied. If the I mmigration Judge decides to remove you from the country, you may appeal this decision to the Board of Immigration Appeals in Washington, DC.

Conclusion:

Though marriage to a US citizen gives you the privilege of acquiring permanent residence (a Green Card) in the United States, the USCIS does not make the process easy. Moreover you are not granted US c itizenship, or even permanent residence immediately after marriage to a US c itizen, rather you will be given a ‘Conditional Green Card’ for two years. At the end of the two years you have to prove that you have a valid marriage to remove the conditions.

Removal of the c onditions on your Permanent Residence status, like the adjustment of status process, should not be assumed to be an easy process. It is estimated that each year 450,000 Americans marry foreign nationals, and it is assumed by many that a majority marry for immigration purposes only. The authorities at the USCIS are prepared for this often abused strategy and do not grant permanent residence or citizenship to everyone who applies . The purpose of the interviewing officer s, at both the adjustment of status and removal of conditions stages, is to ascertain the couple’s true intention behind the marriage.

It is the job of the married couple to prove that they did not marry solely for the immigration benefits . To prove this, you have to include evidence of the relationship and show that the marriage was entered in good faith. Proper documentation and timely filing are the things that you need to take care of. Once your petition is approved, you will be granted a 10-year permanent resident card, which is certainly worth your efforts.

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K3 Spouse Visa : Pros and Cons?

The U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) estimates that each year 450,000 US citizens marry foreign nationals. They also believe that a large percentage of these marriages are entered into solely for immigration purposes. A great deal of effort is undertaken by the various US government agencies involved in the immigration process to scrutinize each international visa application. Everything must be in order or you risk your petition or application being rejected, even for minor procedural errors. This level of scrutiny, while making sure that only legitimate petitions are approved, has slowed down the visa process.

The K-3 Visa, sometimes called the Marriage Visa or Spousal Visa, was adopted by the US Congress and went into effect in August 2001. It was designed to sidestep the long delays in USCIS processing for Immediate Relative petitions for bringing a foreign national spouse of US citizen into the US. At the time it was adopted it was taking two years or more to process an I-130 petition for the spouse of US citizen. The new K3 visa regulations were designed with a view to shorten the processing time for bringing a K3 spouse to the US from years to months, a goal that for the most part has been achieved

The The K3 Spouse Visa and K4 Dependent Visa – an overview:

K3 Spouse Visa:
The K-3 visa category is a visa category that allows the spouse of a US citizen to enter the US and wait for the availability of an immigrant visa. The K-3 visa is actually a nonimmigration visa, and the receipt of a K-3 visa does not mean that the foreign national spouse will become a legal permanent resident immediately upon their arrival in the U.S. However, the K-3 does allow the foreign national spouse to travel to the USA and live with their US citizen spouse while they are waiting for the immediate relative immigrant petition processing to be completed. Upon entry as a nonimmigrant K-3 the foreign national spouse may file to adjust status to Lawful Permanent Residence.

It is noteworthy that application for the K-3 nonimmigrant visa by the foreign national spouse, who is married to a US citizen, must be filed and the visa must be issued by a US consulate in the country where the marriage took place. The amount of paperwork involved in filing for a K3 visa is almost double the amount required for a fiancée visa.
K-4 Visas: Unmarried Children of Foreign National Spouses:
The unmarried children of a foreign national spouse who are under the age of twenty-one can be included in their parent's petition and will receive a K4 visa that will allow them to travel to the US with the parent. No separate petition is required for them.

However, if the child was 18 years of age or older at the time of the marriage of their parent to the petitioning US citizen spouse then, although the child can receive a K4 visa and enter the U.S., that child cannot obtain a green card through the US citizen step-parent. The child's K4 visa will simply expire after two years or when the child reaches the age of 21, whichever occurs first.

To qualify for the K4 visa, the visa applicant must be a child, under 21 years of age, of a person who qualifies as a K3 visa holder. Children of the foreign national spouse of US citizen, who are married or are over the age of twenty-one cannot receive the K4 visa.

CASE SCENARIO
Juan, a naturalized citizen of the US, got married in his hometown in Mexico last week. Upon returning to the US he started the immigrant visa process to bring his new wife to the US. Juan, having gone through the immigration process himself, contacted an immigration attorney before going to Mexico to get married. He found out that he will have to file a Petition for Alien Relative for his wife once he gets married. He also found out that it could take several months for the USCIS to approve the petition and for his wife to get her immigrant visa to travel to the US. But the attorney told him that there is still hope, through the K-3 visa. He said that with a K-3 visa his spouse could come to the US to wait for the visa processing to be completed. Based on this advice Juan took several forms with him that his wife would need to complete and sign. That way he is able to save additional time not have to send the forms back and forth in the future. With all the completed forms, and having obtained the copies of civil documents (birth certificates and marriage certificate) he needed for the petition process, Juan was now ready to file the petitions and bring his wife to the US to live with him.

Qualifications for the K3 Spouse Visa:

To qualify for the K-3 non-immigrant visa you must show that:

You are married to the US citizen who has filed a relative petition on your behalf;
You must be seeking to enter into the U.S. to await the availability of an immigrant visa; and
The relative petition filed by your US citizen spouse must still be pending.

Who Cannot Use the K-3 Visa?

The K3 visa can only be obtained by the foreign national spouse of US citizen. The wife of a permanent resident cannot receive a K3 visa.

If the marriage took place while the foreign national spouse was in the U.S. in another temporary visa category or was here on a visa waiver, the foreign national spouse must depart the US in order to be eligible to receive a K3 visa.

Because of the complexity of the situation we recommend that you seek the guidance of an immigration professional before making any decision about marrying a foreign national who is currently in the U.S. on any visa other than a K1 fiancée visa which you sponsored.

Procedure for obtaining the K3 Spouse Visa

Marrying a US Citizen in the US or Abroad:
There are different options available to foreign nationals depending on where their marriage took place. If the marriage took place outside the US, then you must generally obtain a K 3 visa or wait for an immigrant visa to enter the U S. As far as the U S government is concerned, a marriage that takes place overseas is a valid and legal marriage provided it is recognized as a legal marriage by the government of the country in which the marriage occurred.

If you intend to get married in the US, you need to obtain a K 1 Fiancé V isa to enter the US, Upon entry as a K 1 you must marry your US c itizen Fiancé within 90 days and then you can immediately file for adjustment of status to get the g reen c ard based on the marriage to US c itizen.
Filing a Petition for Alien Relative:
When pursuing a K 3 visa the US c itizen s pouse is required to file two petitions with the USCIS :
- First, he or she needs to file a Petition for Alien Relative, F orm I-130, with the USCIS. Upon receipt t he USCIS will send a Notice of Action (Form I-797). This notice tells you that the USCIS has received the petition.
- Second, he or she needs to file a Petition for Alien Fiancé (e), F orm I-129F, for the foreign national spouse. This petition will also include any qualifying children.
Please note that a fter you arrive in the U S on your K 3 spouse visa, you must continue with the permanent residence process, which generally includes the filing of an a djustment of status application, Form I-485, with the USCIS.
Applying for a K3 Spouse Visa:
The US embassy or consulate where the foreign national spouse of a UScitizen will apply for aK3 visamust be the country where their marriage took place. Once the K 3 petition has been approved the file is transferred to the US State Department for the visa processing.
The National Visa Office will advise you on the procedures that have to be followed for visa processing. The embassy or consulate will let you know any additional things required by that specific post , such as where you need to go for the required medical examination. The following is required for the application:
- Two copies of form DS-160, Nonimmigrant Visa Application
- Police certificates from all places lived in since the age of 16
- Birth certificates for each applicant
- Marriage certificate for foreign national spouse
- Death and/or divorce certificates from any previous spouses
- Medical examination (except vaccinations)
- A passport valid for travel to the United States and with validity dates of at least six months
- Two nonimmigrant visa photos, two inches/50 X 50 mm square, showing the full face, against a light background
- Proof of financial support (Form I-134 Affidavit of Support may be requested )
The Affidavit of Support, Form I-864, is not required for the K 3/ K 4 visa, but will be needed when the foreign national spouse files for adjustment of his or her s tatus to permanent residency. The consulate has complete discretion in determining the types of documents acceptable for this purpose.

After Admission into the US

Validity, Duration of stay and Extension of Stay on K3 visa:
The K3 nonimmigrant visa is a multiple entry visa, valid for two years. You may apply for an Extension of Stay while in the US on a K3 spouse visa; this is done using a Form I-539, Application to Extend or Change Nonimmigrant Status. The application for an extension should be submitted to the USCIS at least 120 days prior to the expiration of your authorized stay. Extensions will be granted in two-year intervals.
Employment while in K3 visa status:
A foreign national spouse in the US in K3 visa status can accept employment in the US. You may apply for Employment Authorization (EAD) using Form I-765, Application for Employment Authorization. This can be submitted immediately upon arrival in the US, concurrently with your adjustment of status application, or after submitting your adjustment of status application. In addition to, or as an alternative to, seeking employment, you can pursue full- or part-time studies while waiting for the issuance of an immigrant visa.
Adjustment of Status:
After you arrive in the US, the foreign national spouse may apply for adjustment of status using Form I-485, Application for Adjustment of Status. It is not necessary to wait for the Form I-130 to be approved before you file the I-485.
Change of Status:
K3 and K4 visa holders cannot change their status to any other nonimmigrant visa category while in the US.
Social Security Number:
K3 and K4 visa holders will need to receive their EAD before they can apply for a Social Security Number. The Social Security Administration may not accept the K3 or K4 visa as proof of eligibility.
Travel outside the US:
K3 and K4 visas are multiple entry visas so the foreign national spouse and children can travel outside the US and return using their K3 and K4 visas respectively. A foreign national in K3 of K4 visa status can travel on their K3/K4 visa even after filing for adjustment of status and do not need to file for Advance Parole.

Pros and Cons of the K3 Spouse Visa:

Like every other non immigrant visa, the K 3 visa has advantages as well as some drawbacks. But overall the positive aspects win out over the negative ones. S o that you can have a clear view and better understanding of th e K 3 non immigrant visa category we have listed some of the pros and cons.

On K 3 visa, you may:

Reside in the U S with your family while waiting for the approval of your immigrant visa petition
Apply for a work permit
Travel outside of the U S on short trips and re-enter
Study in the U S

On K 3 visa, you cannot:

Change to any other nonimmigrant visa status
Enter the US if you have been temporarily barred for previous violations of US immigration laws

Summary:

The new K3 spouse visa regulations have helped to substantially shorten the processing time for a foreign national spouse to get a visa to live in the US with their US citizen family, from what was years to months. The actual processing time depends on the country in which the foreign national spouse is applying for his or her K3 visa. The consulate where you must apply is controlled by where the foreign national spouse resides and where the marriage took place.

The K3 visa process involves a number of tedious steps and can be complex and at time unwieldy. Any carelessness can cause unforeseen trouble during the processing of the K3 visa, which would then make it difficult for you to identify, locate and resolve the problems.

However you can bring your foreign national spouse to the US to live with you while waiting for the immigrant visa process to be completed, in the shortest possible time by seeking expert consultation from a qualified immigration attorney. It is therefore of high importance that you take great care and precautions in completing and filing your K3 visa petition and application.

The above article is brought to you by "VisaPro.com". VisaPro’s US Immigration Lawyer Services include H-1B, K-1 Visa, K-3, L-1, Green Card, and over 100 Immigration Services.

The information in this article is not intended to be legal advice. Contact VisaPro if you have any questions regarding the K-3 Visa, or need help in filing. If you have questions specific to your case, we suggest that you consult with the experienced immigration attorneys at http://consultattorney.visapro.com/

Visit VisaPro regularly for updates and the latest immigration news at http://www.visapro.com/

K-1 Fiance Visa Processing at U.S. Consulate in Vancouver, Canada

The K-1 visa, also known as the fiancée visa, is meant for the foreign nationals who want get married to their U.S. citizen fiancées resident in the U.S. The fiancée visa procedures and policies differ from consulate to consulate depending upon the requirements and needs. In this article, we discuss the consular processing of fiancée visa in the U.S. Consulate at Vancouver, Canada.

The Consulate in Vancouver processes fiancé(e) cases for citizens of Canada, or aliens who are permanent residents. Individuals in Canada on student and/or employment authorization are considered on a case-by-case basis. Such individuals must be authorized to remain in Canada for a continuous minimum period of six months (from the time the approved petition is received at the Consulate). Applicants must also be residing in British Columbia, Alberta, Saskatchewan, Manitoba, the Yukon or the Northwest Territories. All other applicants in Canada are processed at the U.S. Consulate in Montreal.

Filing the Petition

According to the U.S. Immigration Law, only a U.S. citizen can file for a Fiancée Visa Petition. The U.S. Fiancée petitioner needs to file the I-129F, Petition for Alien Fiancée to the USCIS Service center, which has jurisdiction over his place of residence. The applications must be mailed to the U.S. Citizenship and Immigration Services (USCIS) in the U.S. After approval, the USCIS forwards the entire packet to the National Visa Center (NVC). The NVC then electronically transfers the approval and forwards the approved petition to Vancouver Consulate for processing.

How can you expedite your petition?

The petitioner may expedite the petition by:

Listing a U.S. civilian contact address, as well as an overseas mail address, if applicable;
Listing ALL children of the beneficiary, living or dead, regardless of their location, and attaching copies of their birth certificates;
Explaining, in detail, the circumstances of the initial meeting and following courtship, using extra sheets as necessary;
Attaching evidence of an on-going relationship, e.g. transportation tickets, travel orders, letters, telephone bills, photographs;
Providing documentary evidence of the petitioner's U.S. citizenship and of the legal termination of any prior marriage of either party; and
Enclosing the appropriate petition filing fee

Generally it takes the USCIS a minimum of 6 weeks to adjudicate the I-129F petition.

Approval of Petition

After the approval of the I-129F package, the USCIS notifies the petitioner and forwards the entire package to the U.S. Consulate in Vancouver. After receiving the package the consulate sends out the list of forms and instructions to the beneficiary. The fiancé (e) visa process is currently taking approximately six months to a year from the time the petition is filed until the time a visa can be approved.

K-2 visa for children of alien fiancée

Unmarried children under the age of 21 are eligible to derive status from the fiancé (e) visa petition filed on behalf of their parent; their name(s) should be included in the petition.

Consular Processing in Vancouver

After preliminary administrative processing, the U.S. Consulate, Vancouver releases a packet of instructions to the beneficiary with detailed instructions on the documentation regarding the procedure to arrange for the medical examination, and how to set up an appointment for the visa interview. The package contains the following forms:

DS-230 Part I - Application for Immigrant Visa and Alien Registration
This needs to be filled out and returned to the Consulate immediately
DS-156 - Non-immigrant Visa Application
The foreign citizen fiancée needs to fill this form in duplicate and carry it to the Interview
DS-156K - Non-immigrant Fiancé (e) Visa Application
The foreign citizen fiancée needs to fill this form and carry it to the interview. Please DO NOT SIGN this form
OF-167 - Sponsor's Responsibility under the Social Security Act
This needs to be filled out and signed by the U.S. Citizen Petitioner
List of Medical Doctors
Vaccination Requirements
Checklist
This needs to be returned to Consulate once all documents required are obtained. Once the Consulate receives your checklist, they will issue the Interview date

Medical Examination

The details and place of medical examination will be mentioned in the packet issued by the U.S. Consulate, Vancouver. The cost of the medical examination is around $275 (varies by Doctor). The applicants (Foreign citizen fiancée and accompanying dependents) also need to go through the vaccinations, which bears an extra charge if required. The results of the examination are generally received in 4-7 days.

Personal interview at the Consulate

On the day of the appointment, applicants must appear in person, together with any dependent children who are approved beneficiaries on the fiancé (e) visa petition. Applicants must bring originals of all documents requested below, and 100 U.S. dollars cash in exact change per applicant. If approval is granted, the fiancée visa is generally issued within two workdays.

Documents required for the interview

Passport - The passport must have at least 6 months validity beyond the issuance date of the visa.
Medical Examination - You will need to arrange for a medical examination prior to your interview. You will have to wait until you have received the Packet 3 before you can arrange for this medical examination, as you will need to have your Consulate Case Number at the time of the Medical Examination.
Birth Certificate - A certified copy of the beneficiary's birth certificate will be required at the interview. In Canada, the Long Form Birth Certificate is what you will need; this certificate also lists your parents’ names.
Marriage Certificate - A certified copy will be required if you have previously been married.
Divorce and Death Certificates - A certified copy will be required to prove termination of previous marriage(s).
Police Certificate - A police certificate from the police authorities of each locality, where you have resided for 6 months or more since attaining the age of 16 will be required. An RCMP (Royal Canadian Mounted Police) Clearance will cover all of Canada and will be all you need if you have resided in Canada since the age of 16. The RCMP Clearances are only valid for 6 months.
Court or Prison Records - Persons convicted of a crime must obtain a certified copy of each court record and any prison record.
Photographs - Five passport size photos will be required, three for the medical exam and two for the Consulate.
Evidence of Relationship - You may be asked to submit proof of a valid fiancé/fiancée relationship. You must carry with you letters, photographs, or other evidence of your engagement.
Evidence of Support - Evidence that you will not become a public charge in the USA:

Affidavit of Support Form I-134
Statement of your employer on business stationary showing:

- Date and nature of employment
- Salary paid
- Whether position is temporary or permanent
Statement from an officer from your bank showing:

- Date account opened
- Total amount deposited for the past year
- Present balance
Tax Transcripts, at least 3 years worth - Not specifically requested unless Self-employed (but sometimes asked for at the Interview, good to have them on hand just in case)

The fiancé (e) needs to notify the consulate in writing that he/she has obtained the necessary documentation required for the visa interview. The consulate will then notify the date of the interview appointment. At the U.S. Consulate, Vancouver, appointments are generally available from 2-4 weeks from the time of notification by the beneficiary

Reaching the U.S. on K-1 visa

Once the fiancé(e) enters the U.S. on K visa, he/she must marry the petitioner within 90 days. The fiancé(e) visa entitles the applicant to make only one entry into the U.S., and it must be used within six months. A fiancé(e) entering the U.S. must carry the passport containing the visa, the sealed packet of documents provided by the Consulate at the time of the visa interview, and the chest x-ray provided at the time of the medical examination.

After the marriage, the applicant must submit the marriage certificate to the local USCIS office and apply for an adjustment of status in the United States from K to permanent resident. Current processing time for adjustment is anywhere from 6 months to 3 years

Contacting the U.S. Consulate, Vancouver

Vancouver Consulate does not accept phone inquiries on fiancé (e) visa matters. The enquiries can be made by mail, e-mail or fax. For e-mail inquiries, the address is vancouverK@state.gov. For any other issues or information, you may contact the consulate by phone at 604-685-4311, or by fax at 604-685-7175.

Conclusion

To avoid any sort of inconvenience, we at VisaPro advise our clients to check the Consulate’s website prior to appearing for a visa interview. The ever-changing time lines, policies and visa processing procedures at the U.S. Consulates make it difficult to be aware of the latest policies. We also advise our readers to consult a VisaPro Attorney to know the latest policies and procedures being followed by any U.S. Consular Post.

Direct consular processing of I130 petitions in the U.K.

The spouse, widow(er) and unmarried children under 21 of a U.S. citizen, and the parent of a U.S. citizen who is 21 or older are eligible to receive a Green Card under the “Immediate Relative” category. A step-parent or child will qualify for immigration only if the marriage creating the step parent/child relationship occurs before the child's eighteenth birthday. Immigrants under this category do not have to wait for an immigrant visa number. It becomes available once the visa petition is approved by the U.S. Citizenship and Immigration Services (USCIS).

The first step in applying for an immigrant visa is for the U.S. citizen (petitioner) to file an immigrant visa petition, Form I-130, with the U.S. Citizenship and Immigration Services (USCIS). A separate petition must be filed for each person immigrating. However, U.S. citizens resident in the United Kingdom may file the petition, Form I-130, with the Department of Homeland Security (DHS) in London. In this article we outline the procedure of filing I-130 petition for alien relative with the DHS in London (direct consular processing) and its further processing by the U.S. Embassy, London.

What is the benefit of filing I-130 in London?

Generally U.S. citizens need to file I-130 petition with the USCIS Service Centers in the U.S. After the USCIS approves the I-130 petition, it is transferred to National Visa Center (NVC) for further administrative processing. This administrative processing may take three to four months, after which the file is transferred to the U.S. Embassy for immigrant visa processing.

If the U.S. citizen and immigrant visa applicant reside in the United Kingdom and the U.S. citizen is filing the I-130 with the Department of Homeland Security (Immigration) in London, the National Visa Center (NVC) will not be involved in processing of your application. Your case will be processed by the Immigrant Visa Unit at this Embassy and it will be possible to begin the administrative processing of the immigrant visa application before the petition is approved and received by the Immigrant Visa Unit.

Where do I file the petition?

The U.S. Citizenship and Immigration Services at the U.S. Embassy in London accepts I-130 or I-360 petitions from U.S. citizens who reside in their jurisdiction. U.S. citizens whose principal residence is not in the U.K., and/or who have entered the United Kingdom as a temporary visitor/student/or with limited leave to enter and remain in the United Kingdom, must file the petition with the appropriate U.S. Citizenship & Immigration Service Center in the United States.

You need to file evidence in the form of a photocopy of the leave to remain stamp in the petitioner's passport (must also include a photocopy of the photo page of U.S. passport) or a letter from the Home Office confirming the petitioner's status in the United Kingdom; or a copy of the petitioner's orders if he/she is a member of the U.S. military stationed in the United Kingdom. Lawful Permanent Residents may only file with this office if they are in possession of a valid Reentry Permit:

Where do I file the petition if I am not eligible to file in London?

If you are not eligible to file the petition with the U.S. Citizenship and Immigration Services office in London, or you reside in the United States, you should file the petition on behalf of your relative with the U.S. Citizenship & Immigration Service Center having jurisdiction over your place of residence or last residence in the United States.

How do I file the petition?

You need to submit Form I-130, Petition for Alien Relative, along with the supporting documentation with the USCIS Office in the U.S. Embassy, London. Please read the instructions pages attached to the petition carefully and complete all appropriate sections of the form. Detailed checklists of documents required for filing I-130 petitions for spouse, child, parent, and brother or sister are available on the website of the U.S. Embassy, London.

Filing Fee for the petition

The fee for filing an I-130 or an I-360 is currently $190.00 (in U.S. dollars only). Do not mail personal checks, traveler’s checks or cash. The fee is payable by the following means:

U.S. dollar money order; cashier's check, international bank draft made out to: "U.S. Disbursing Officer". Be sure to print your name and complete address on the back of the check ; or
You can use the Credit Card Payment Form for your Visa, MasterCard, Diners Club, Discover or American Express cards only.

Mailing Address

The complete petition, along with the supporting documents mentioned in the checklist, need to be mailed to the USCIS office at the U.S. Embassy, London. Please enclose a large self-addressed stamped envelope to ensure you receive a prompt response.

The mailing address is:
USCIS I-130 (or I-360)
American Embassy
P.O. Box 2444
London W1A 5WT

Approval of the petition and visa processing

After approval of your I-130 petition, the USCIS office at the U.S. Embassy, London will transfer the approved petition to the Immigrant Visa Unit of the Embassy. On receipt of the approved petition, the Immigrant Visa Unit will send you an Instruction Package for Immigrant Visa Applicants which consists of the Form DS-230-I Part I, Application for Immigrant Visa and Alien Registration - Biographic Data, Form DS-2001, Applicant's Declaration of Qualification for Immigrant Visa Interview, and Form I-864 Affidavit of Support.

Filing Form DS-230-I

The biographic data form DS-230-I should be completed for each person applying for a visa, regardless of age. You may make photocopies of the form if insufficient copies are received for each family member. The DS-230-I should be completed and returned immediately to the Immigrant Visa Unit at the Embassy in order for them to begin the administrative processing of the application. Failure to return the DS-230-I promptly will delay the processing of the application.

Police Certificates

On receipt of the DS-230-I, the Immigrant Visa Unit will notify you whether or not police certificates are required and advise as to how they are obtained. All applicants 16 years of age and over are required to furnish a police certificate (certificate of good conduct) to cover any period of residence of twelve months or more since reaching the age of sixteen; the period of residence is six months if country of birth or current residence.

Assembling the supporting documents

Form DS-2001, Applicant's Declaration of Qualification for Immigrant Visa Interview is required to be sent to the Immigrant Visa Unit after you have collected all the supporting documents required for your petition. Assemble all of the relevant documents required in support of your application and forward the Form DS-2001 to the Immigrant Visa Unit. You DO NOT need to mail the documents to the Embassy. You will be required to furnish the original of all documents and one copy on the day of the formal visa interview. PLEASE NOTE that you are not required to complete form DS-3032 as your application is not being processed through the NVC.

Form I-864, Affidavit of Support

The form I-864 is a contractual affidavit of support, and must be submitted for most family-based applicants and employment-based applicants when a relative is the petitioner or has ownership interest in the petitioning business.

Additional processing by Immigrant Visa Unit

On receipt of the DS-230-I and DS-2001, the Immigrant Visa Unit will perform any additional processing which may be required and advise you concerning the scheduling of the medical interview and the appointment for the formal visa interview.

The Medical Examination

The medical examination is performed at one of two medical centers in London. The medical examination cannot be performed by the applicant's own physician. Detailed information on the location of the medical centers and scheduling the medical appointment is provided to the applicants when they receive notification of the date and time of the formal visa interview.

The medical examination must take place before the visa interview. The medical results will be couriered to the Embassy within 2 – 3 workdays of the examination.

Visa Interview

Applicants registered in the immediate relative category will be contacted within 4 - 6 weeks of the Immigrant Visa Unit completing action on their application with a date for the formal visa interview. Those registered for immigration in the family or employment based preference categories are subject to the annual numerical limitation on immigrants admitted into the United States. In such cases, the appointment for the formal visa interview is scheduled within two months of a visa number becoming available for the applicant’s use.

Who is required to attend the visa interview?

All applicants registered for immigration in the immediate relative category, including children, are required to visit the Embassy in person for a formal visa interview with a U.S. consular officer. Persons under the age of fourteen who are deriving status from an immigrant visa petition filed on behalf of a parent and are applying for the visa at the same time as the parent need not attend the interview. However, they must attend the medical examination.

Visa fees

The visa processing fee is $380.00 or sterling equivalent. Visa applicants whose case is being processed by the Embassy in London will be required to pay the fee on the day of the visa interview; those whose application is being processed through the National Visa Center (NVC), pay the fee before the NVC begin processing the case. The Embassy accepts the visa processing fee in cash, a certified money order or by credit card - Visa, MasterCard, Diners Club, Discover or American Express.

Visa issuances after the interview

Visa processing takes 3 - 5 workdays. The visa will be returned to you by the Embassy's courier service, Secure Mail Services. On the day of the visa interview you will be required to purchase an envelope for the return of your documents once visa processing has been completed. The fee for the courier service beings at £13:50; payable by debit or credit card or in cash.

Conclusion

We at VisaPro advise our clients to check the website of the relevant consulate prior to appearing for a visa interview because policies and visa processing procedures for I-130 petition in the consular posts are changing constantly, making it difficult to be aware of the latest policies.

We at VisaPro have successfully helped clients in various countries, including the U.K., with their immigrant visa process and take pride in contributing to the countless smiles when we help our clients unite with their family members. Contact VisaPro if you need our assistance to process a visa petition for your family member.

Fiancée Visa Processing in East Asian Countries

Obtaining a K-1 fiance visa stamp at a Consular Post to enter the US after a K-1 petition has been approved may be a long drawn process. Many Consular Posts implement and follow varied visa application procedures and policies depending on the local conditions and requirements. In this article we attempt to cover K-1 visa processing procedures followed by Consular Posts in East Asian countries like China, Korea, Philippines, Thailand and Vietnam. The information below will help foreign national fiancés from these countries be better prepared for the K-1 visa interview.

China: Guangzhou

Foreign Service Officers of the Guangzhou Immigrant Visa Unit adjudicate all immigrant visas for residents of the People’s Republic of China. This is the only office handling immigrant visas including the K-1 fiancé visa in China.

The U.S. Consulate General in Guangzhou will notify the applicant when the approved petition is received and mail the applicant an instruction packet including biographical data forms (DS-230 and OF-169). This packet also includes a list of specified branches of the CITIC Industrial Bank where applicants can pay for the RMB830.00 processing fee prior to the interview. A fiancé(e) visa applicant is an intending immigrant and, therefore, must meet documentary requirements similar to the requirements of an immigrant visa applicant.
After the initial background clearances for the case, the Consulate mails the applicant an appointment packet of interview-related information. This packet includes an invitation to the interview, required medical forms and contact data for specific hospitals approved to conduct medical checks.
The U.S. Consulate in Guangzhou handles thousands of cases every month. Hence, applicants can expect two to three months between the time they receive the DS-230 part one and OF-169 forms and the time an interview is scheduled.
During the interview, it is the applicant’s responsibility to provide information to show a bona-fide relationship with the petitioner. The adjudicating officer uses the interview as well as the information brought by the applicant to make a decision. If the visa is denied, the applicant will have an opportunity to provide further evidence of the relationship.
If the visa is approved, the applicant will be required to make delivery arrangements with the designated China Post Office located in the Consulate office to either have it delivered by submitting a notice and the interview appointment letter or to pickup the visa two business days later at the Jun Yuan Post Office of China Post. The visa will be normally valid for half a year.

Korea: Seoul

When the U.S. Embassy, Seoul receives the approved I-129F from the NVC, it sends instructions and forms to the applicant. The instructions tell the applicant to gather and hold the following documents prior to the K-1 interview:

Police certificates from countries where the beneficiary has resided after the age of 16
Medical examination of the applicant
Sworn affidavit of financial support (Form I-134) from the petitioner, with evidence of income and assets attached
Signed and dated letter from the petitioner addressed to the U.S. Consul, reaffirming the petitioner’s intent to sponsor the beneficiary as a fiancé and to marry in the U.S. This reaffirmation letter will revalidate the I-129F if its INS approval is more than 4 months old

For Korean applicants who have only lived in Korea, it takes a minimum of 4 weeks to complete the required pre-interview steps. It will take longer for other applicants. After gathering all the necessary documents, the applicant must request a K-1 visa interview. The applicant must bring all of the required documents to the interview.

A K-1 visa will be delivered back to the applicant via Embassy-approved courier within several working days if the applicant is found to be qualified. Processing time for each case differs depending on the circumstances of the case, how quickly the petitioner files the I-129F, when CIS approves it, how long it takes the NVC and U.S. Embassy to receive the approved I-129F, and when the applicant completes the necessary pre-interview steps. Both the petitioner and applicant should realize that this process is mandated by U.S. law and that it is not possible to waive any steps for any reason. The Embassy therefore urges that firm wedding arrangements wait until after the applicant has the K-1 visa in hand, since the K-1 visa is valid for six months.

Philippines: Manila

When the US Embassy, Manila receives the approved K-1 petition from the NVC, it schedules the applicant for medical examination and visa interview. The applicant will be notified of the appointments and will be provided instructions on how to apply for the visa.

Note: It is important that the petition has the applicant’s correct address and contact number, otherwise the Embassy will not be able to send the K packet, the medical and visa interview appointments to the beneficiary. The NVC and the Embassy must be informed of any change in the applicant’s address.

After the applicant pays the non-refundable application/processing fee and completes the required medical examination at St. Luke’s Medical Center Extension Clinic, he/she appears at the Embassy for the scheduled visa interview with all the required documents. Interviews of K applicants are scheduled only on Fridays.

The consular officer adjudicates the application based on the visa interview, documents submitted by the applicant and any relevant information available to the Embassy, and determines the applicant’s eligibility to be issued the K visa. If the application is approved, the visa will be delivered to the applicant’s residence by a guaranteed courier service in 7 to 10 days. If the consular officer determines that the applicant is not eligible for visa issuance, this will be explained to the applicant who will be provided a written refusal sheet that informs her/him:

How the visa refusal may be overcome with additional documentation or information
To await notification from the Embassy if the case will require further review; or
The basis for the determination of visa ineligibility under U.S. immigration law and if a waiver of ineligibility is available

Thailand: Bangkok

When the US Embassy’s Immigrant Visa Unit in Bangkok receives the approved K-1 petition from the NVC it processes the newly arrived case and sends out the instructions packet (packet 3), including medical examination forms, directly to the visa applicant’s address in Thailand. For Cambodian applicants, the Packet 3 is mailed to the petitioner’s address in the United States.

Finally, once the visa applicant returns Packet 3 to the Embassy, the IV Unit in Bangkok sends out the appointment letter (Packet 4.) The letter notifies the applicant of the date for the K1 visa interview. For Cambodian K1 applicants, the Packet 4 is mailed to the petitioner’s address in the United States.

Note: the interview is normally scheduled 10-12 weeks after the Packet 3 materials are returned.

Vietnam: Ho Chi Minh

After the US Embassy, Ho Chi Minh City receives the approved K-1 petition, it completes administrative processing and sends the applicant an Instruction Package approximately two months after receiving the petition. Once the applicant informs the Embassy that he or she is ready for a visa interview, it schedules a visa interview date for approximately three months later and sends the applicant an Appointment Package.

During the visa interview, it is the applicant’s responsibility to provide evidence of a bona fide relationship with the petitioner. The consular officer will use the interview as well as the information submitted to make a decision.

Section 221(g) of the U.S. Immigration and Nationality Act states that visa applications lacking required documents must be denied until such time as those documents are submitted and found to be sufficient. If, for any reason, the applicant is not eligible for a visa at the time of the interview, the applicant will receive an explanation in writing and a request for the specific documents still required, if any.

Applicants refused under Section 221(g) who are specifically requested to submit more documents may submit the additional information either via registered mail or in person at the Consulate between 1:00 p.m. and 3:00 p.m. Monday through Friday, except holidays. The applicant should include the blue or green refusal sheet asking for additional information.

Although a K-1 visa petition is valid for a period of four months, a consular officer can revalidate the petition provided the officer concludes that the American citizen sponsor and the applicant remain legally free to marry and that they continue to intend to marry each other within three months of the applicant’s admission into the U.S.

If the visa is approved, the applicant can usually pick up the visa on the next business day at 4:00 p.m. The visa is normally valid for six (6) months.

Conclusion

Many Consular Posts often change policies and visa processing procedures making it difficult to be aware of the latest policies. We at VisaPro advise our clients to check the Consulate websites prior to appearing for a visa interview. We also advise our readers to consult a VisaPro Attorney to know the latest policies and procedures being followed by any Consular Post.