K-1 and K-3 Interview Requirements

31. May 2010 by admin.

The following are documentary requirements for a K-1 or K-3 visa:

(1) The applicant must undergo the standard immigrant visa (IV)medical examination by a panel physician;

(2) A national crime information center (NCIC) name check must be done by the national visa center (NVC) for each applicant;

(3) The applicant must present police certificates, if required; and

(4) The applicant must present proof of relationship to the petitioner at the time of the interview.

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer’s satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act, cannot be required.

Applicants may submit a letter from the petitioner’s employer or evidence that they will be self-supporting.The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

If you are interested in bringing your foreign fiance(e) or spouse over to the U.S., but are concerned about the interview requirements, contact our law office at 626-771-1078 to speak with an immigration or visit us at www.myfianceevisa.com

Posted in K-3 and K-4 info, a fiance visa: interview tips | Print | No Comments »

K-4 Child Eligibility Requirements

31. May 2010 by admin.

To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse.

While the U.S. citizen must also file an I-130 petition for the spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the spouse’s children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification.

The K-4 child will not be able to file for adjustment of status in the U.S. until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number.

Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

 If you have a foreign spouse who has a child dependent, and you wish to bring both to the U.S., contact our law office at 626-771-1078 to speak with an immigration attorney. Or visit us at www.myfianceevisa.com

Posted in K-3 and K-4 info | Print | No Comments »

How does the Dept. of State Process K-3 Petitions?

31. May 2010 by admin.

Effective February 1^st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC will send your petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if your marriage took place in Iran where the U.S. does not have an embassy your petition would be sent to Turkey.

If you would like to speak with immigration attorney about bringing you foreign spouse to the U.S., contact our law office at 626-771-1078 or visit our website at www.myfianceevisa.com for more information.

Posted in Uncategorized | Print | No Comments »

When is a K-3 Spousal Visa Available?

31. May 2010 by admin.

A K-3 visa may be issued only when an immigrant visa is not immediately available to the alien spouse.

If the I-130 petition remains at or is in transit from NVC, the applicant may continue to process the K-3 rather than switch to immigrant visa processing.

If the I-130 petition is at post, or the applicant has already been interviewed and denied an immigrant visa by a consular officer, perhaps due to a lack of some documents, the applicant must proceed with immigrant visa processing and may not choose to apply instead for the K3.If you are interested in bringing your foreign spouse to the USA, contact our law office to speak with an attorney. Our phone number is 626-771-1078.

Posted in K-3 and K-4 info | Print | No Comments »