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

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

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 »

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 »

Basics of K-3 Spousal Visas

9. February 2010 by admin.

If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are

• Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.
• Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place.  After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required:
  • Petition for Alien Relative, Form 1-130; and
  • Petition for Alien Fiancé (e), Form I-129F

 If you’d like assistance bringing over your foreign spouse to the U.S., please contact an immigration attorney at 626-771-1078  or visit our website at www.myfianceevisa.com

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

K-3 Spousal Visa Requirements

4. February 2010 by admin.

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

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