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Archive for July 2009

K-1 Fiance Visa Vietnam: Processing at Ho Chi Minh

The following description addresses K-1 fiancee visa processing at the U.S. embassy in Ho Chi Minh City, Vietnam:

The K visa (K-1 or K-3) is technically a nonimmigrant visa but the requirements are very similar to those for an immigrant visa for an immediate relative.  The Immigrant Visa unit processes all K-1 and K-3 visa applications.  Both the fiancé(e) of a United States citizen (K-1) and the fiancé(e)’s children under age 21 (K-2) or the spouse of a United States citizen (K-3) and the spouse’s children under age 21 (K-4) may benefit from an I-129F petition.  
 
All approved petitions are forwarded to the National Visa Center (NVC) for processing before being sent to the U.S. embassy in Vietnam.  After the embassy receives the petition, officers will complete administrative processing and send the applicant an Instruction Package approximately two months after receiving the petition.  Once the applicant informs us that he or she is ready for a visa interview, the embassy schedules a visa interview date for approximately three months later and sends the applicant an Appointment Package.
 
The Vietnamese fiance(e) must bring to the interview any evidence to substantiate his/her relationship with the petitioner, such as letters, telephone bills, e-mails, photographs, etc.  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 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 alien’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.

For legal assistance in bringing over your Vietnamese fiance(e), visit www.myfianceevisa.com


Fiancee Visa London: Notice of Applicant Readiness, form IV-15K

For fiancees in the UK who will be processing in London, they will need to mail notice to the US embassy in London that they are ready for the interview.

The following form, form IV-15K can be used for this purpose. The form includes a checklist of the items the foreign fiancee needs to bring with him or her to the interview.

It also includes a statement which is to be completed by the foreign fiancee and mailed to the U.S. embassy in London. For the convenience of our readers, we’ve linked to it here.

For assistance bringing your foreign fiancee from the U.K. to the U.S., contact an immigration attorney at www.myfianceevisa.com


Marrying in Vietnam: Requirements for U.S. Citizens

Applications for marriage between a citizen of a foreign country and a Vietnamese citizen residing in

Vietnam should be filed in person at the Justice Department offices in the province where the Vietnamese citizen resides. All documents obtained from the U.S. must be accompanied by a certified translation into Vietnamese from either the Vietnamese Embassy in the U.S. or the Vietnamese notary public (97 Pasteur,

Ho Chi Minh City). Although requirements for obtaining marriage certificates may vary from province to province, the general requirements for the

U.S. citizen partner are as follow:

1. Application for marriage (obtained from the Vietnamese Justice Department); 

2. Official copy of the U.S. citizen’s birth certificate and passport. If birth records have been destroyed or are otherwise unattainable, a U.S. citizen applicant who was born in

Vietnam may execute an “Affidavit of Birth” at the U.S. Consulate to submit in its place. The notarization fee is $30 USD;

3. Medical examination from a competent authority certifying that the applicant is in sound mental and physical health. The examination results must be dated no earlier than three months before the date of marriage registration;

4. Affidavit of Single Status. The applicant can request this document from the civil registry in the state in which he resides or complete an affidavit at the U.S. Consulate. This document must be signed within three months of application for a marriage certificate. The notarization fee at the U.S. Consulate is $30 USD. If the applicant had a previous marriage, present an authenticated copy of the divorce decree or death certificate for the previous spouse(s);

5. A letter by the local vital statistics office certifying that no marriage license or marriage certificate of the applicant is found within the state where the applicant is residing in. The search period must be started from the year when the applicant was 18-year-old to present. In case the applicant was divorced, or a previous spouse is deceased, a certified photocopy of death certificate must be submitted. (This requirement may vary from province to province).

6. The Justice Department charges five hundred thousand Vietnamese Dong to process amarriage certificate. 

For assistance with bringing your Vietnamese spouse to the U.S., contact an immigration attorney at www.myfianceevisa.com


Vietnamese Fiancee or Spousal Visa: Which is Better?

For U.S. citizens with fiancees in Vietnam, it’s often a difficult decision trying to decide whether to bring the fiancee to the U.S. on a fiancee visa or to travel to Vietnam and marry her there.

According to the U.S. Embassy in Vietnam, the answer is… It depends (sorry, I know that’s not that helpful). Here are the reasons to consider:

If you already got married, an IR-1 visa allows your spouse to immigrate to the U.S.  It is conditional for two years, after which your spouse is eligible to become a legal permanent resident (”Green Card” holder).
 
A K-1 is a nonimmigrant visa that allows you to bring your fiancée/fiancé to the United States to marry there.  Your fiancée/fiancé must marry you within 90 days of arrival in the United States or return to Vietnam.
 
Which one to choose depends on your personal preference of the petition.  If it is important to you to get married in Vietnam, you will need to apply for an IR-1 visa and/or K-3 visa AFTER you are married. 

However, if you would like to marry in the United States, there are advantages to a K-1 fiancée/fiancé visa such as:

- Generally shorter waiting period for K-1 than IR-1 (The total approximate processing time for K1 visa applicants, from the date the I-129 petition is filed with U.S. Citizenship and Immigration Services (USCIS) to the date the visa is issued at the Consulate is typically 9 to 12 months.  A spouse visa petition (I-130) will take approximately 3 months longer than a fiancée visa petition).

- Unmarried minor children may be included without a separate visa petition.

Visit www.myfianceevisa.com to discuss with an attorney your options.


K-1 Fiancee Visa Blog: Important Disclaimer

Please note that viewing this blog does not create any kind of attorney/client relationship, and no information contained on this site should be construed as legal advice. Readers take this information as-is, at their own risk, and must understand that U.S. immigration law and related procedures change frequently and rapidly.

As such, viewers interested in applying for a fiancee or spousal visa are advised to contact an attorney at www.myfianceevisa.com for a consultation regarding their situation.


Fiancee Visa Application Status Check: Ukraine

Applicants who have obtained an approval from the USCIS regarding their I-129f application and who believe that the National Visa Center has forwarded their application to the U.S. Embassy in Kiev can check on the status of their application.

Click on the link below where you can provide information about your case.  Inquirers will need to know information such as their case number which usually starts with KEV, WRW or MOS.  The embassy takes up to two weeks to respond.

http://kiev.usembassy.gov/visa_iv_lookup_eng.html

If you need the assistance of an experienced fiancee visa attorney, please visit www.myfianceevisa.com for help.


Marrying in Ukraine: What are the Requirements?

The Ukrainian civil marriage process can take several weeks to several months. If you are marrying another American, or a third-country national, Ukrainian authorities require that one of the parties be present in Ukraine - for an unspecified period of several months - before they can register their marriage in Ukraine.

To marry a Ukrainian citizen, a U.S. citizen should follow these step-by-step instructions.

  • If you have been married before, make sure that you have the original or certified copy of divorce decree or death certificate properly authenticated in the U.S. Since Ukraine acceded to the 1961 Hague Convention abolishing Requirement of Legalization for Foreign Public Documents, the U.S. documents destined for use in Ukraine should be certified by one of the officials in the jurisdiction in which the document has been executed. Said official must have been designated as competent to issue certifications by “apostille” (usually in the office of the State Secretary of State of his/her counterpart).
    PLEASE NOTE: the U.S. Embassy cannot certify any documents issued in the U.S.
  • Fill out a Letter of Non-Impediment to Marriage (”marriage letter”) at the Consular Section of the U.S. Embassy in Kyiv within American Citizens Services Unit public working hours. This form (in English and Ukrainian) contains basic information and is a sworn statement that you are not currently married. It must be signed only in the presence of a Consular Officer and there is a fee of $30, payable in U.S. dollars cash only. No appointment is required for this service. This service takes an average of 30 minutes.
  • Authenticate the “Letter” at the Legalization Department of the Ministry of Foreign Affairs of Ukraine, located in Kyiv at 2 Velyka Zhytomyrska St, tel: 238-1669 or 253-1266, any working day of the week. The Ministry accepts documents for legalization between the hours of 9:00 a.m. and 12:00 noon and returns documents between 4:00 p.m. and 5:00 p.m. (4:30 p.m. on Fridays) on the same day. Please keep in mind the difference in working hours between the Ministry and the Embassy when you make your travel plans. The same day service is only available for individuals. The fee is 34 Hryvnas (about $8) for each document. For legal entities the fee is 85 Hryvnas (about $10) per document for the regular service and 170 Hryvnas (about $20) for the expedited 5-day service. Please note that the Ministry’s fees and hours are subject to change without prior notice.
  • Obtain a certified translation of the data page of your passport, any annulment decrees, divorce decrees or death certificates of your former spouse(s) (if you were previously married), and the letter of non-impediment to marriage.
  • To arrange your marriage, take all the documents, including your original passport (with a translation), the authenticated original death or divorce decree (if any) (with translation), and the authenticated Letter of Non-Impediment to Marriage, with translation to RAGS - loosely translated as the civil registrar’s office in the hometown of your fiance(e)*. The Central RAGS in Kyiv is located at 11 Prospekt Peremogy, tel: 236-0071. The person who deals with marriages to foreigners can be reached at 236-7981, 236-0243 or 236-0147.

After marrying your Ukrainian spouse, U.S. citizens can obtain help bringing their spouse to the U.S. Visit www.myfianceevisa.com for more information.


K-1 Fiancee in Ukraine: Medical Exam Information

ALL K visa applicants, regardless of age, must have a medical exam. It can be done only in Kyiv at the following address:

Clinic for Oil-Refining Industry of Ukraine
8, Mykoly Amosova St.
Kyiv, Ukraine
Telephone: 044-270-2709, 044-275-4181
E-mail address:
iomkievmed@iom.kiev.ua

Appointments, Fees, Document Requirements

The Clinic performs medical examinations each working day (Monday through Friday), between 9:00 a.m. and 12:00 p.m. by appointment only. The results of the examination are given to the applicants at 3 p.m. on the same day.

The fee for a medical exam is no more then $125 per person, excluding the vaccination fee for adults and children. The clinic accepts payments for medical exam in US dollars only, but vaccination fee must be paid in Ukrainian hryvnyas only.

Each applicant must present the following documentation:

  • Passport or other photo-bearing document as ID (both for children and adults)
  • 3 full frontal view photographs 50 x 50 mm
  • Military service card
  • Vaccination chart with the seal of the issuing (optional for K visa applicants)
  • Embassy case number beginning with KEV


K-1 Fiancee Visa Glossary

Fiancée The term fiancée will be used to include both male and female prospective spouses
USCIS The Department of Homeland Security’s Citizenship and Immigration Services
Petitioner The U.S. citizen who files a petition with a USCIS office in the United States on behalf of a fiancée asking that he or she be admitted to the United States for the purpose of marriage
Petition USCIS form I-129(F) “Petition to Classify Status of Alien Fiancé or Fiancée for Issuance of Nonimmigrant Visa”
Beneficiary The fiancée named in the petition
K-1 Visa The visa category for the fiancée of a

U.S. citizen
K-2 Visa The visa category for the minor children of a K-1 visa holder
Information Packet (Packet 3) Information that the Embassy sends to your fiancée, which specifies the documents that must be obtained and presented at the visa interview, and explaining how to obtain the required medical examination
Appointment Packet (Packet 4) Information that the Embassy sends to your fiancé(e) setting an appointment date for the visa interview

Visit www.myfianceevisa.com for assistance with your K-1 fiance visa application.


Fiancee Visa Ukraine: Documents to Bring to the K-1 Interview

Your fiancé(e) will be asked to present:

  • Valid passports or travel documents for the beneficiary and any dependent children
  • A notarized statement from an absent parent giving permission to a child to immigrate to the US along with a photocopy of the photo and signature pages of his/her passport OR court decree of sole legal custody OR death certificate
  • Birth certificates for the beneficiary and any dependent children
  • Proof of termination of any prior marriages of both petitioner and beneficiary
  • Change of name certificates or marriage certificates
  • Police certificate(s) for the beneficiary and any dependent children over 16 years of age
  • Medical exam results for the beneficiary and any dependent children
  • Proof of adequate financial support once in the United States to ensure that your fiancé(e) and dependent children will not become public charges
  • Supporting documentation verifying the relationship between the petitioner and beneficiary

All the original documents must be accompanied by a copy and certified English translation.

Legal representation is available at www.myfianceevisa.com to assist fiancees from the Ukraine and their U.S. citizen petitioners.