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Archive for the a fiance visa: interview tips Category

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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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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Increase in K-1 Fiancee Visa Processing Fee Effective 6/4/10

23. May 2010 by admin.

The Department of State is adjusting the fee for K-category fiance(e) visas from $131 to $350 specifically because adjudicating a K visa requires a review of extensive documentation and a more in-depth interview of the applicant than other categories MRVs. 

A K visa requires pre-processing of the case at the National Visa Center, where the petition is received from the Department of Homeland Security (DHS), packaged, and assigned to the appropriate embassy or consulate. K visa processing also requires intake and review of materials not required by some other categories of nonimmigrant visas, such as the I-134 affidavit of support and the DS-2054 medical examination report. See 75 FR 14111, 14113. The higher incidence of fraud in K visa applications also requires, in many cases, a more extensive fraud investigation than is necessary for some other types of visa.

This interim final rule becomes effective June 4, 2010.

If you need assistance bringing your foreign fiance(e) or spouse to the U.S., contact our law firm at 626-771-1078 or visit us at www.myfianceevisa.com

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K-1 Visa Fees to Increase to $350

26. March 2010 by admin.

On December 14, 2009, the Department of State published a proposed rule in the Federal Register to increase the nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee. 

The proposed rule also establishes a tiered structure with separate fees for different visa categories.  

The Department is required by law to recover the cost of processing nonimmigrant visas through the collection of the MRV fee.  Periodically, independent contractors conduct a Cost of Service Study to determine direct and indirect costs to the U.S. Government of providing consular services, such as nonimmigrant visas.  Such a study was completed in June 2009. 

The Study determined that the cost of accepting, adjudicating, and issuing nonimmigrant visas will be greater than $131 in Fiscal Year 2010, which began October 1, 2009.  Also, since the last fee increase in January 1, 2008, there have been new security-related costs, new IT systems have been put in place, and there is a new mandate from Congress to charge nonimmigrant visa applicants $1 to support programs to combat trafficking in persons.

The new tiered fee structure was created to cover the higher unit costs for processing certain categories of nonimmigrant visas that are more complicated and require more in-depth consideration than most other categories of nonimmigrant visas  U.S. law requires the Department to attempt to recover the cost of processing non-immigrant visas through the collection of the application fees. 

The new application fee for K visas for fiancé(e)s of U.S. citizens would be $350.  

When will the new fee be in effect?The Department is proposing these new fees in a Federal Register notice, but will not implement them until it reviews and considers any comments received from the public and publishes a final rule.  Applicants must start paying the new processing fees once the Department publishes that second, final rule.

When the new fees go into affect, we will inform our clients.

To speak with an immigration attorney, call us at 626-771-1078.

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Where do my K-1 Visa Fees Go?

26. March 2010 by admin.

K-1 petitioners and their beloved beneficiaries face a number of hurdles to bring the foreign fiance(e) to the U.S. A significant one is financial given the expense incurred of travelling to a foreign country to meet one another. Add in phone bills, English classes, obtaining documents and translations, and the amount can be substantial.Having to pay the USCIS filing fee of $455 along with the Department of State visa fee of about $100 just adds to the hardship. While the $455 paid to the USCIS goes to the effort required to adjudicate the I-129f at the Vermont or California Service Center, what do the visa fees paid to the U.S. Consulate apply to?

A recent study authorized by the Dept. of State identified one hundred and three activities required to process an application for a K1-category fiance(e) nonimmigrant visa. 103! Most K-1 couples think that the K-1 petition submission to the USCIS is the crucial stage of the K-1 process where the USCIS determines the couple’s eligibility for the visa. Who knew that the receipt and preparation for the K-1 interview overseas could be so complicated?

A closer look identifies the key activities and events that take place to process a K-1 visa stamp. They include but are not limited to the following:

–Pre-processing of the case at the National Visa Center, where the petition is received from the Department of Homeland Security, packaged and assigned to the appropriate embassy or consulate; and

–Intake and review of materials required for a K visa that are not required for other nonimmigrant visas, such as the I-134 affidavit of support and the DS-2054 medical examination report;

–Conducting an interview of the K visa applicant;

–Collecting biometrics from the K visa applicant;

–Actual adjudication of the application;

–Requesting legal opinions from headquarters as necessary;

–Investigating possible fraud in those applications; and

–Producing the physical visa, affixing it to the applicant’s passport, and returning that product to the applicant.

As the number of fraudulent K-1 fiance(e) petitions increase, the amount of time and energy required by consular officders to review and process these will undoubtedly increase. While K-1 visa fees have held steady since January 1, 2008, the Dept. of State proposed increasing visa fees. In our next newsletter, we’ll discuss the new fees and when they will take place.If you are interested in applying for a K-1 fiance(e) or K-3 spousal visa, contact our law office to see how our firm can prepare the best petition to maxmimize your chances for success.  Visit us at www.myfianceevisa.com

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

7. November 2009 by admin.

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

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

24. July 2009 by admin.

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


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