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Archive for the a fiance visa: interview tips Category

Proving a K-1/K-2 Relationship via DNA Testing

In circumstances where a consular officer is not convinced that the K-1 and K-2 have the requisite parent/child relationship, the consular officer may request a DNA test. Here are the steps involved for the K-1 applicant:   

  1. Petitioner/putative parent selects accredited lab.  
  2. The selected lab sends the beneficiary DNA testing kit(s) directly to the consular section.
  3. The Accountable Consular Officer (ACO) checks in all test kits on the DNA accountability log receipt in the consular section. This consists of ensuring that the kit has not been opened or damaged and if the kit includes a seal, confirming the kit seal is intact, adding the kit to the accountability log stored in the ACO safe, and storing it in the ACO safe or a bar lock cabinet. The safe where the DNA kits are stored must be accessible only to the ACO or designated backup.
  4. Once the ACO records receipt of the collection kit, the consular section must contact the applicant to schedule an appointment date for DNA collection and tell the applicant that he/she must bring his/her passport and a photograph.
  5. On the DNA collection appointment date, a lab technician from the panel physician’s office must come to the consular section to collect the DNA sample(s).
  6. Immediately prior to the testing, the ACO checks the test kit out of the safe and gives it to the cleared American witness who will witness the collection, recording the cleared American witness’s name in the
    accountability log. The witness verifies that the kit is unopened, and if applicable, the seal is intact. The cleared American witness is responsible for the custody of the testing materials until he or she applies the security seal to the mailing package.
  7. The cleared American witness should review the instructions sent by the AABB lab prior to the DNA collection, so as to be familiar enough with the sample collection technique to recognize if it is not being executed properly by the lab technician.
  8. At the time of testing, the cleared American witness must have the medical technician and applicant/beneficiary come to the interview window or designated location within the consular section, one applicant at a time.
  9.  The cleared American witness must personally verify the identity of the
    donor through:
    (1) Presentation of passport; and
    (2) Verifying that the applicant signs on the back of his or her photograph for attachment to the chain of custody document(s). 
  10. Once the identity of the applicant has been confirmed, the cleared
    American witness must do the following:
    (1) Collect the signed applicant photograph and supporting documents
    from the applicant;
    (2) Provide the sealed DNA kit to the lab technician or panel physician;
    (3) Witness the collection of the buccal swab from the donor/applicant;
    (4) Legibly record required information on chain-of-custody documents.
    This function may not be performed by LES or an outside party;
    (5) Witness the lab technician placing the completed DNA sample into the protective sleeve or pouch provided by the lab, accept the specimen from the lab technician or panel physician, and personally
    seal and sign the sample in accordance with the kit instructions;
    (6) Seal the specimen in the pre-paid shipping envelope provided by the lab. The sample must be in the direct possession of the same cleared American who witnessed the sample collection until the
    return mailing envelope is sealed in accordance with the instructions from the lab or shipping company.
    (7) Record in the applicant’s case notes:
    (a) His/her name as witness to the collection;
    (b) Date and time of sample collection;
    (c) The name of the lab technician (from ID badge or card);
    (d) The name of the lab or panel physician where the technician
    is employed; and
    (e) A clear description of the relationship(s) being tested (e.g.,
    probability that the tested mother or father is the
    mother/father of the child tested).
    (8) Scan all chain-of-custody documents into the CCD and associate them with the applicant’s case. Be sure that the information provided to the AABB lab clearly defines the relationship(s) to be
    tested. The request should be specific, not “are the parties related?”, but rather “is the petitioner the mother/father of the tested applicant?”

If you would like assistance with your K-1 and K-2 petition and interview, speak to an immigration attorney by calling 626-771-1078 24 hours a day, 7 days a week. You can also visit us at www.myfianceevisa.com

K-1 Fiancee Visa Interview in London, UK: After the Interview

Applicants applying for K-1 or K-3 visas and their derivatives will be contacted with a date for the formal visa interview within 4 - 6 weeks of the Immigrant Visa Unit completing action on their application.

The beneficiary of the K-1 visa petition will need to attend the interview. K-2s under the age of fourteen who are deriving status from the fiance(e) need not attend the interview. However, they are required to attend the medical examination.

The fee for processing a fiancé(e) or K-3 visa is $131.00. The fee is paid on the day of the visa interview to the Embassy cashier. Fees may be paid in cash - sterling or dollar equivalent; by International Money Order or Bankers Draft; by Credit Card - Visa, MasterCard, Diners Club, Discover or American Express; or Debit Card with the Visa logo. The Embassy does not accept any other credit or debit cards, or personal checks.

Visa processing takes approximately 3 - 5 workdays. The visa will be returned to you by the Embassy’s courier service, Secure Mail Services. On the day of the visa interview you will be required to purchase an envelope for the return of your documents once visa processing has been completed. The fee for the courier service begins at £14.00; payable by debit or credit card or in cash.

For legal assistance with your K-1 fiancee interview at the U.S. embassy in London, contact the attorneys at www.myfianceevisa.com


My Fiancee Visa Application is in Administrative Processing!

Question: What is Administrative Processing, and why is my fiancee visa application going through it?  

Answer: Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer. Applicants are advised of this requirement when they apply. Most administrative processing is resolved within 60 days of the visa interview. When administrative processing is required, the timing will vary based on individual circumstances of each case. Visa applicants are reminded to apply early for their visa, well in advance of the anticipated travel date.

Important Notice: Before making inquiries about status of administrative processing, applicants or their representatives will need to wait at least 90 days from the date of interview or submission of supplemental documents, whichever is later.

Information about nonimmigrant visa wait times for interviews and visa processing timeframes are shown on this website, as well as on U.S. Embassy and Consulate websites worldwide. It should be noted that the “Wait Times for a Nonimmigrant Visa to be Processed” information by country does not include time required for administrative processing.

If your fiancee visa application is experiencing administrative processing and you need help, visit www.myfianceevisa.com for more information or call us at 626-771-1078.


Fiancee Visa in the Philippines: the K-1 Interview

After getting an approval for the K-1 petition at the USCIS, the approval notice is sent to the U.S. Embassy in Manila via the National Visa Center.

The Filipino applicant pays the non-refundable application/processing fee and completes the required medical examination at St. Luke’s Medical Center Extension Clinic, he/she appears at the Embassy for the scheduled visa interview with all the required documents.

The consular officer adjudicates the application based on the visa interview, documents submitted by the applicant and any relevant information available to the Embassy. The consular officer determines the applicant’s eligibility to be issued the K visa. If the application is approved, the visa will be delivered to the applicant’s residence by a guaranteed courier service in 7 to 10 days. If the consular officer determines that the applicant is not eligible for visa issuance, this will be explained to the applicant who will be provided a written refusal sheet that informs her/him:

1) how the visa refusal may be overcome with additional documentation or information;

2) to await notification from the Embassy if the case will require further review; or

3) the basis for the determination of a visa ineligibility under U.S. immigration law and if a waiver of ineligibility is available.

If you are interested in applying for a fiance visa for your Filipino or Filipina fiancee, please contact us at 626-771-1078. We’ve been preparing these types of applications since 1997, and have a high success rate. Visit us at www.fianceevisa.ws.


U.S. Embassy in Philippines: New Nonimmigrant Fee Payment Slips

Beginning July 1, 2009, Citi and BDO will use new payment slips for nonimmigrant machine-readable visa (MRV) application fee payments. 

Upon payment of the $131 MRV application fee, the bank will issue a new “US Embassy copy” of the bills payment slip which will be stapled to a blank DS-157 form. The BDO bills payment slip will have three copies. The copy on blue paper is the “US Embassy copy.” On the day of the interview, the Nonimmigrant Visa Unit will only accept the “US Embassy copy” as proof of payment of the $131 MRV application fee. If the slip stapled on the DS-157 form gets lost, the applicant will need to pay a new MRV fee.

All MRV fee payments made between May 25, 2009 and June 30, 2009 with the old bills payment slip will still be accepted. All MRV fee payments made before May 25, 2009 with a proof of payment validation at the back of the DS-157 form, which fall within the one-year fee validity, will also be accepted.

The DS-157 form is still a required document and must be submitted as part of the visa application.

If you need assistance obtaining a nonimmigrant visa from the U.S. embassy in Manila, Philippines, contact our law firm at 626-771-1078 or visit our website: http://www.myfianceevisa.com/ and www.fianceevisas.ws

  


Vaccination Requirements for Immigrant Visa Applicants

United States immigration law requires immigrant visa applicants to obtain certain vaccinations (listed below) prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are required to verify that immigrant visa applicants have met the vaccination requirements, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations:

– Acellular pertussis
– Hepatitis A
– Hepatitis B

– Human papillomavirus (HPV)
– Influenza
– Influenza type b (Hib)
– Measles
– Meningococcal
– Mumps

– Pneumococcal
– Pertussis

– Polio
– Rotovirus
– Tetanus and diphtheria toxoids
– Varicella
– Zoster

In order to assist the panel physican, and to avoid delays in the processing of an immigrant visa, all immigrant visa applicants should have their vaccination records available for the panel physician’s review at the time of the immigrant medical examination. Visa applicants should consult with their regular health care provider to obtain a copy of their immunization record, if one is available. If you do not have a vaccination record, the panel physician will work with you to determine which vaccinations you may need to meet the requirement. Certain waivers of the vaccination requirement are available upon the recommendation of the panel physician.

Only a physician can determine which of the listed vaccinations are medically appropriate for you, given your age, medical history and current medical condition.

For information on how medical exams and the immigrant visa process for fiancees and spouses of U.S. citizens, visit www.myfianceevisa.com


K-1 Fiancee Visa Processing at U.S. Embassy in London

What is the first step? 

The biographic data form DS-23O-I should be completed for each person applying for a visa, regardless of age. The form may be photocopied if insufficient copies are received for each family member. The DS-230-I should be completed and returned immediately to the Immigrant Visa Unit at 5 Upper Grosvenor Street, London, W1A 2JB, in order for the Embassy to begin the administrative processing of the application. Failure to return the DS-230-I promptly will delay the processing of the application. At the same time, please complete and return the form DS-156 and DS-156K and DS-157. Note: Please do not sign the the DS-156 or DS-156K. The forms must be signed before a consular officer on the day of the visa interview.

What is the second step?

Assemble all of the relevant documents required in support of your application and forward the document checklist, IV-15K, to the Immigrant Visa Unit. These documents must not be mailed to the Embassy. You will be required to furnish the original of all documents and one copy on the day of the formal visa interview and medical examination.

  • Evidence of Support: An applicant for a K visa is not required to file an affidavit of support, form I-864 at the time he or she applies for a fiancé(e) visa. However, the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the U.S. Citizenship and Immigration at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

What happens next?

On receipt of the DS-230-I, the DS-156, DS-156K, DS-157 and IV-15K, the Immigrant Visa Unit will perform any additional processing which may be required and advise you concerning the scheduling of the medical interview and the appointment for the formal visa interview.

Note: The Immigrant Visa Unit must be in receipt of the approved petition from the National Visa Center before beginning the administrative processing of the application. While you are waiting for notification from the Immigrant Visa Unit that they are ready to begin processing your application, you may wish to begin assembling the documents you will be required to furnish on the day of your visa interview. This may expedite your application somewhat as certain documents may take a while to obtain.

If you’re planning on processing a K-1 fiancee visa or K-3 spousal visa at the U.S. embassy in London, visit our website at www.myfianceevisa.com for more information


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