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Archive for February 2010

K-3 and K-4 processing in the Ukraine, part I

For Ukrainian citizens who married American citizens either in the U.S. or in Ukraine, the appropriate consulate to apply for K3/K4 visas would be the American Consulate in Kiev, Ukraine.

Applicants for K3 and K4 visas should not schedule an interview appointment before receiving the Information packet from the Consular Section with the instruction to contact the call center and schedule the formal visa interview. The Consular Section will only send this packet upon the receipt of the approved I-129F petition from USCIS. It may take from 2 to 12 months to have this petition approved.

Before notifying the call center that the applicant has obtained all the documents listed in the Information packet, every Ukrainian national must have an international passport valid for at least 6 months at the time of entering the U.S.

During an interview each applicant is required to present the completed and signed form KEV-1 and the original documents together with their photocopies. The consulate does not require the original financial support documents. Petitioners can fax or e-mail them to the beneficiaries. Any document in a foreign language should be accompanied by a notarized/certified English translation. After the interview all originals except the police certificates are returned to the applicant.

When K3 visa applicant has collected all the documents specified in the Information packet, he or she should contact the call center over the phone (044-207-70-71) and schedule the appointment for the formal visa interview. The completed and signed form KEV-1 from the Information packet should be presented at the interview certifying that all required documents have been obtained.

If calling from the United States on behalf of relatives in Ukraine, the telephone number is 1-888-889-3780.

If you need assistance bringing your spouse over from the Ukraine, contact an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com

K-3 Spousal Visa Requirements

The purpose of the K visa is to reunite families that have been or could be subject to a long period of separation during the process of immigrating to the United States. Holders of the K3/K4 visas will be able to wait in the US for this process to be completed.

The K3 and K4 nonimmigrant visas allow spouses of U.S. citizens and the children of those spouses who are under 21 years of age and unmarried to enter the U.S. while their permanent visa petition is pending.

Only spouses of U.S. citizens and their children are eligible for the K3 or K4 nonimmigrant classification. Other relatives of U.S. citizens, as well as any relatives of lawful permanent residents, are not eligible.

There are three requirements for an alien to obtain this nonimmigrant classification:

  1. The alien must already be married to a U.S. citizen who has filed a relative visa petition (Form I-130) on the alien’s behalf for purposes of an immigrant visa. An I-130 for beneficiaries may be filed with USCIS in the U.S.
  2. The same U.S. citizen spouse must petition on that alien’s behalf to obtain a nonimmigrant “K3″ visa (Form I-129F). The I-129F must be filed with USCIS in the U.S. only.
  3. The alien must be seeking to enter the U.S. to wait for an immigrant visa.

Once the current I-129F is approved, USCIS will notify the American consulate abroad specified on the petition. If the marriage took place abroad, the USCIS will notify the consulate in the country where the marriage took place.

Applicants for K3 and K4 visas must apply for those visas in the country where the marriage to the US citizen took place.

If you need assistance bringing your foreign spouse over to the U.S., contact an immigration attorney at 626-771-1078 or visit us at www.myfianceevisa.com