NVC Fraud Unit and K-1 and K-3 Apps

14. June 2010 by admin.

The NVC fraud unit is the central point for K-1 and K-3 petition revocations being returned to the U.S. from overseas posts. The unit has the ability to track petitions and provide continuity during to the process.

The NVC fraud unit prescreens K petitions prior to the file being sent overseas for the interview. The information contained in the file supplements the documentation and saves consular officers time as they prepare for the interview.

The NVC fraud unit also assists posts in other ways such as validation studies, process queries in DHS systems, communicating about fraud schemes, etc.

If you would like to speak to an attorney about bringing your foreign spouse or fiancee to the US., please call 626-771-1078 or visit us at www.myfianceevisa.com.

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Is the K-1 Relationship Legitimate?

7. June 2010 by admin.

There are several possible discrepancies between the facts stated on the petition and the actual circumstances of the K-1 beneficiary which might lead the consular officer to question whether the relationship is bona fide or which might cause the petitioner to choose not to go forward with the marriage.  These include the following:

• having one or more children not named in the petition,
• a prior undisclosed marriage (even if it has been annulled or ended by divorce or death),
• in the case of a fiancée, a current pregnancy.

Discovery of a ground of ineligibility of the K-1 applicant raises another issue of the petitioners awareness of all of the factors associated with the fiancé(e). 

Consular officers should use their discretion in determining whether to return the K-1 petition to the DHS in such cases. They should, however, first solicit from the petitioner information as to whether he or she was aware of the particular circumstance(s) and whether, in light thereof, he or she still wishes to proceed with the proposed marriage.  If satisfied in this regard, consular officers need not return the petition. 

Consular officers should return the K-1 petition to DHS for reconsideration if not satisfied with the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage.  If you need assistance obtaining a K-1 fiancee or K-3 spousal visa, please contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

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Validity of a K-1 Approval Notice

7. June 2010 by admin.

An approved K-1 visa petition is valid for a period of four months from the date of Department of Homeland Security (DHS) action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary’s admission into the United States.

However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, the petition should be returned to the approving office of DHS with an explanatory memorandum.

To apply for your foreign fiancee, contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

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K-1 and K-3 Processing at IV Posts

7. June 2010 by admin.

K-1 fiance(e) visas are technically nonimmigrant visas. They allow the fiance(e) to enter the U.S. for a period of 90 days. The fiance(e) is admitted to enter for purposes of marrying the U.S. citizen.  

In light of this, one would expect that the foreign fiance(e) would be processed at a nonimmigrant post at the U.S. embassy or consulate general overseas. However, the Foreign Affairs Manual clearly states K-1 and K-2 visas must be processed and issued only at immigrant visa (IV) issuing posts.  

Furthermore, if a nonimmigrant visa (NIV) issuing post receives a K-1 visa petition, it should forward the petition to the IV issuing post which covers the consular district, unless the post has been specifically authorized to process K visas.  Similarly, applicants for K-3 spousal visas should also be processed at IV posts, as K-1s are. However, in some cases K-3 spousal visas may have to be processed at a consular post that normally issues only NIV, because there is no IV post in the country.  The statute requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued a visa by a consular officer in the foreign state in which the marriage was concluded. However, if no visa-issuing post is located in that country, the K-3 applicant should apply at the consular post designated to handle “homeless” IV cases for that country.  In sum, it is important to know which post will be processing your K-1 or K-3 visa. Because IV posts are responsible for processing these cases, the nearest visa-issuing office may not necessarily be the office your fiance(e) will be required to visit to obtain the K-1 or K-3 visa stamp.  

If you need assistance obtaining a K-1 fiancee or K-3 spousal visa, please contact our law office at 626-771-1078 or visit us at www.myfianceevisa.com

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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

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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

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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.

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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.

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Applying for a U.S. Passport

30. May 2010 by admin.

K-1 regulations generally require that U.S. citizen and foreign fiance(e) have met once within the two years leading up to the filing of the K-1 petition. While this requirement can be satisfied by the foreign fiance(e)s coming to the U.S. to visit the U.S. citizen, it is often easier for the U.S. citizen to travel out of the U.S., particularly if the foreign fiance(e) lives in a country where U.S. consular officers are loathe to grant temporary travel visas.

For a U.S. citizen without a U.S. passport, an application must be made in person under the following circumstances:

• You are applying for your first U.S. passport or
• You are under age 16 or
• Your previous U.S. passport was issued when you were under age 16 or
• Your previous U.S. passport was lost, stolen, or damaged or
• Your previous U.S. passport was issued more than 15 years ago or
• Your name has changed since your U.S. passport was issued and you are unable to legally document your name change

At the personal appearance, the applicant must also provide the following:

1. Completed form DS-11: Application for a U.S. passport
2. Proof of U.S. citizenship
3. Present ID which can be in the form of a naturalization certificate, driver’s license, or current government ID.
4. Include a copy of the ID presented in point #3.
5. Pay the current passport fee which can be found here: http://travel.state.gov/passport/fees/fees_837.html
6. Provide two passport-style photos. These can be taken at any one-hour photo or Costco.

If you need assistance applying for a U.S. passport or would like help bringing your foreign fiance(e) or spouse to the U.S., please call our law firm at 626-771-1078 or visit us at www.myfianceevisa.com

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The New DS-160 form

24. May 2010 by admin.

The new DS-160, Nonimmigrant Visa Electronic Application, is a fully integrated online application form that will be used to collect the necessary application information from persons seeking a nonimmigrant visa.

The DS-160 will be submitted electronically to the Department of State via the Internet. Consular Officers will use the information entered on the DS-160 to process the visa application and, combined with a personal interview, will determine an applicant’s eligibility for a nonimmigrant visa. The form will also allow electronic upload of the passport-style photos that are required for the production of the visa stamp.

The DS-160 has exciting potential to streamline the nonimmigrant visa application process resulting in faster processing times. The DS-160 eliminates several old forms which will simplify the process and make it easier for foreign applicants to understand.

Alas, at present, the DS-160 form is not available for the K-1 and K-2 fiance and child dependent applicants. Therefore, K-1 and K-2 applicants will still need to obtain a list of required documents from the US embassy or consulate general.

If you have a spouse or foreign fiancee seeking to enter the US, contact my law firm at 626-771-1078 or visit us at www.myfianceevisa.com  

 

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