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  1. 3 points
    Disclaimer: The flowchart below is designed to illustrate a typical K-1 Visa application process and should be used for reference only. This flowchart can not take in to consideration a great number of variables and/or events that may alter this flowchart for a particular case such as a Request for Evidence (RFE). Please read the Terms and Conditions for more information. Please begin by reading the Step-by-Step Guide to the K-1 process (for the US Citizen). You should also refer to the K-FAQ's for more information. The timeline below will help you visualize the entire process. Please note that the details of the process are not included below, they can be found in the links mentioned previously. BEGIN: Timeline (approx) Step Information Varies 1. U.S. Petitioner gathers various documents U.S. Petitioner gathers various documents (birth certificate etc) to send with I-129F * Start ASAP N/A 2. I-129f Package sent U.S. Petitioner sends compiled I-129F package to the USCIS Dallas Lockbox which will forward the package for processing. * Triple check everything. Double check all forms with examples available online. Send postage with an return receipt requiring signature when it is delivered (not necessary but highly advisable for peace of mind). Make a complete copy of the entire package. 2-3 Weeks 3. 1st Notice of Action (NOA) U.S. Petitioner Receives first Notice of Action (NOA) acknowledging K-1 petition has been opened *Typical wait time is 2-3 weeks after the Service Center receives the I-129F. See Processing Times 4. 2nd Notice of Action (NOA) U.S. Petitioner Receives second Notice of Action (NOA) acknowledging K-1 petition has been approved * Start gathering documents needed by beneficiary (Fiance(e)) - See K-1 Guide. *Beneficiary can research and prepare forms required by embassy. 2 Weeks 5. Case Forwarded by your Service Center to the National Visa Center (NVC) Case Forwarded by your Service Center to the National Visa Center *Two weeks after you receive the NOA2 you can contact the NVC to see if they have received your approved I-129F. You can contact them at 603 334-0700. Their homepage is here. Welcome to the US Department of State! Things move much faster now :). 1-4 Weeks 6. Case Forwarded by NVC to U.S. Embassy in your fiance(e)'s country Case Forwarded to U.S. Embassy as specified in the I-129F. *NVC uses DHL to send the package, which typically delivers a package worldwide within 3-5 business days. 1 week 7. Case received by Embassy from NVC Embassy receives package and processes it. They will then prepare a letter to be sent to the foreign fiance(e). *5-7 business days after the NVC sends the package to the embassy, you can begin contacting the embassy to see if they have received it. 1 week 8. Forms and Checklist sent to Beneficiary Forms and Checklist sent to foreign Beneficiary (Fiance/e). *This will be sent out within a week (typically less) from when the embassy processes the received petition. This package will include a checklist of items and paperwork that must be collected. Some will be sent back asap, and others will be sent back later or brought to the interview. Varies 9. Foreign Beneficiary compiles required forms Beneficiary fills in Forms and assembles various documents *The downloads section for K-1 Visa's has a list of some forms the fiance(e) will need. You can practice with these forms. N/A 10. Completed Forms sent to Consulate Beneficiary sends completed Forms to U.S. Embassy N/A 11. Fiance(e) must attend medical interview prior to interview Attend medical appointment. *Some embassies require the medical the same day as the interview. Most require the interview to be done ahead of time and have the results sent to the embassy directly from the doctor. *This may occur after an interview date is given. 1 week to issue date 12. U.S. Embassy issues Beneficiary with Interview date U.S. Embassy issues Beneficiary with Interview date *This may occur before your have your medical. You will need to get the medical done before the interview as instructed by the embassy. 1 Month to interview 13. Beneficiary has Interview at U.S. Embassy Beneficiary has interview at U.S. Embassy for K-1 visa. All being well case is approved. *K-1 visa will be issued either the same day or within the next week depending on the embassy with some exceptions. Timeline (approx) Step Information N/A 14. Beneficiary travels to and enters the U.S. Beneficiary travels from their country to be with the U.S. Petitioner (Fiance(e)) in the US. *Must enter the US within (typically) 6 months of the K-1 being issued. 5-20 minutes 15. Point of Entry (POE) in U.S. Beneficiary arrives at Point of Entry (POE) in U.S. and shows K-1 to the immigration officer. 1 hour (early morning) 16. Apply for Social Security Number Apply for Social Security Number (SSN) *See the SSN step-by-step guide for more info. This will allow you to open a bank account and do other things (many states require this for a drivers licence, etc). 1 hour 17. Apply for marriage certificate Apply for marriage certificate. Must marry within 90 days of entering the U.S. on a K-1 visa. VARIES! 18. Get married Get married. and give each other a pat on the back. You've both earned it! 1 hour (early morning) 19. Change name on SSN Go back to the SSA office and bring your SSN Card and marriage certificate. Change your name. Varies! 20. Complete I-693 Complete I-693 per the K1/K3 AOS Guide. This is required so that your vaccinations can be documented properly on the I-693 as part of your completed AOS package. You can complete this step at any time after entering the US. N/A (File asap once you marry) 21. Apply for Adjustment of Status (AOS), EAD, AP Apply for Adjustment of Status (AOS) to receive a "green card" and become a Legal Permanent Resident. You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time. *EAD allows your to work (will need to reapply every year until your AOS (i.e. "Green Card") application is approved). AP allows you to leave the country on a vacation / trip while your AOS application is being processed. Please read this regarding when to file for AOS and not becoming out-of-status. See Processing Times 22. Receive EAD / AP Receive your EAD and AP via US Mail. You will have a biometrics appointment prior to being issued the EAD. See Processing Times 23. Interview for AOS (I-485 approval) Interview appointment for AOS. When approved you will receive an I-551 stamp in your passport indicating you have been approved for AOS and will also receive your green card in the mail later. *If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card.
  2. 2 points
    Note: When filing for Adjustment of Status K1 and K3 Visa holders are now required to submit their paperwork to the National Address (Chicago Lockbox) instead of at their local CIS office. This procedure became effective for all applicants in April 2005. After the National office completes initial processing your case will be referred to your local CIS office where you will be interviewed for your permanent residency or be transferred to CSC. Prior to this the national office will send you communications requesting biometrics be taken and schedule an interview with you for this. To determine the amount of time it will take your local office to schedule your interview appointment refer to Processing Times page and click on USCIS District Processing Times link Download the Following Forms: 1. I-485 2. I-944 3. I-864 4. I-765 (optional) 5. I-131 (optional) 6. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-485 Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. Be sure to include the payment for both the I-485 and the biometrics fee*. >> The fee for I-485 applications includes the cost of the I-131 and I-765 (no need to pay for them if filed with or while your I-485 application is pending adjudication). 2. Cover Page. This should include the applicants contact information, a description of the benefit being filed for ("Immediate Relative (Spouse) Family Based Adjustment of Status Application") and a table of contents listing the major items in the packet. If you need additional room to explain your case, attach a separate sheet and list the attachment on the cover sheet. Make sure to sign and date the cover sheet. 3. Form I-485: Petition for Alien Relative (note: use the non US Citizen spouse's married name on this form and list previous name/names) 4. Form I-944 (Declaration of Self-Sufficiency with applicable supporting documents) 5. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps). 5a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport 6. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F ** K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130 7. Electronic I-94 Copy or (for older entries) a copy of the non US Citizen Spouses valid paper I-94 (front and back of form) 8. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English) 9. A copy of your marriage certificate. Note: While a regular copy is allowed, submitting a certified copy is preferred as some members have received an RFE asking for this (so if one is available use that instead). 10. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name and A# on the back using a soft felt tipped pen or pencil. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the I-485. 11. I-693, Medical Examination of Aliens Seeking Adjustment of Status.I-693, Medical Examination of Aliens Seeking Adjustment of Status. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. If you are missing any shots from your overseas medical a I-693 vaccination transcription is required to be completed by seeing a Civil Surgeon to have certain portions of the I-693 completed and have the Civil Surgeon certify the form (sealing the original in an envelope and giving you a copy). 12. I-864, Affidavit of Support (see poverty limits here) >> Include any additional required supporting documentation 13. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment as noted here. 14. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional) >> Include any additional required supporting documentation or photos as well as payment as noted here. * Fingerprint fee not needed for applicants under 14 ** Should this document be misplaced/lost/never received you can file an I-824 to receive a duplicate copy via mail. "Cover Page" Information: In the checklist above it is recommended that you include a Cover Page with your application. While this is optional, filing a cover page will help the USCIS understand what benefit your are applying for and specifically what items you have included in your package. Again, make sure the cover page includes: -- the applicants contact information (name, address, phone number) -- A description of the benefit you are applying for, (Immediate Relative (Spouse) Family Based Adjustment of Status Application) -- A table of contents listing the major items in your package (i.e. I-485 and evidence, I-765, I-131, etc) -- A line with the applicants signature and date I-944 (Declaration of Self-Sufficiency) Information: This form is required to be submitted with your I-485 for all applicants, and is in addition to the required I-864 (Affidavit of Support). The supporting documents list is lengthy and includes a tax transcript (not actual tax return) of the U.S. citizen, last foreign tax return filed by the fiancé, asset statements, certificates for any English courses taken, higher education verification, if applicable (including diplomas and equivalency evaluations), and several other onerous requirements. The most troublesome item is the requirement for a U.S. credit bureau credit report, or a letter from a credit bureau stating that no credit report is available. Since most recent immigrants will not have a credit record in the U.S., no credit report will be available, and the 3 credit bureaus have not been issuing letters stating no report is available. Our best advice at this point is to write a letter explaining why no credit report is available. You can find an example of this letter and an example filled out I-944 here. Attach "E-Notification" Form (Optional) Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received. Where to File Everything: Applicants are required to mail applications to a national mailbox (Chicago) as stated on the form (not your local USCIS office). Be sure to mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. After Filing: What Happens? I-485's can take anywhere from several months to several years to be approved depending on where you live (every local office has a different waiting period). This delay often leaves the petitioner feeling completely hopeless of ever receiving approval. DO NOT GIVE UP! Though it seems like forever, the CIS will eventually get to your petition. In the mean time make sure your EAD for working is valid (renew when needed) and that you have an AP for any neccesary travel you have planned. Listed below are the main items that will happen while the beneficiary's I-485 is being processed. Employment Authorization and Advance Parole Processing If you filed for Employment Authorization and/or Advance Parole petitions are generally processed within 90 days of filing. During that wait the beneficiary (non-US Citizen Spouse) will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. Below are estimated waiting times for these benefits: Estimated EAD Processing Times Estimated AP Processing Times As a note, in an emergency where travel outside of the United States is needed (while a beneficiary's I-485 in still being processed) an Advance Parole can be obtained quickly by scheduling an Info-Pass appointment at your local USCIS office. You must show proof (doctors note, etc) that the travel is a true emergency (such as to see a critically ill relative or other true emergency) and file an I-131 (AP) in person. If approved the AP is likely be issued the same day. Do not attempt to leave the country without an AP as this can result in the beneficiary's I-485 being considered "abandoned" and will require a new Visa to enter the US (and refiling of the I-485). Biometrics Your beneficiary (non-US Citizen Spouse) will be required to have their biometrics taken as part of the I-485 processing (fingerprints and photos). The beneficiary will be sent a notice in the mail to schedule an appointment at the nearest USCIS biometrics office to have their fingerprints and photos taken. It is important follow the instructions in this notice and to schedule the biometrics appointment in a timely fashion. This can typically precede the interview date by up to 15 months, however it is usually much closer. Interview (in person) for Adjustment of Status Eventually most people (see exception below) will receive a letter from the CIS informing you of your interview date. It will include instructions on what to bring to the interview and any required items you may need to complete before hand. One of the most critical items requested will be "evidence of the relationship" which proves that your marriage is true and faithful (i.e. photos, joint checking account, joint lease, joint mortgage, and birth certificates of children if any, etc.). Also, it is important to bring the current passport of the beneficiary to the interview. The interview is fairly painless and may be video recorded and lasts between 15-30 minutes. If approved you will be mailed your "green-card" shortly after the interview date (weeks). Interview Exception. In some cases a beneficiary's Adjustment of Status case may be transfered to the California Service Center (possibly another location) where the CIS will attempt to complete processing without requirinig an "in person" interview. There is no particular way to know if this will happen to your case however if this does happen then you will not be required to attend an interview in person. If the I-485 is approved the beneficiary's green card will simply be mailed to them. NOTES: (1) It is possible that at your interview a tardy namecheck or FBI clearance may hold up a final "approval" of the I-485 after the interview. Permanent Resident status does not start until the case is *actually* approved, which may be a later date than the interview. The final issued green card will show the validity date. (2) If the beneficiary and petitioner have been married less than two years at the time the I-485 is approved then the beneficiary will receive what is called a "conditional" legal permanent residence. This simply means that the beneficiary will have to renew his/her greencard 2 years from the date it was originally "issued" by filing an I-751 to remove conditional status. When filing this form you will need to again show proof of your valid and ongoing marriage.
  3. 2 points
    Preparation: Download the Following Forms: 1. Application for a Social Security Card (SS-5) 2. I-765, Application for Employment Authorization (K-2, K-3, and K-4 Visa Holders Only) The above forms can be filled out on your computer and printed. Make sure you sign and date it as required. Anything you cannot fit by typing, you can handwrite after you print it (very neatly) in black ink instead. Print the following webpage out (K-1 Visa Holder Only😞 >> RM 10211.530 Find your local Social Security Agency (SSA) Office: Click here to Find your SSA Office Reminder: On the visa application Form DS-230, you saw the following offer: "Do you want the Social Security Administration to assign you an SSN (and issue a card) or issue you a new card (if you have an SSN)? You must answer "Yes" to question 43b ("Consent To Disclosure") to receive an SSN and/or card." Please note that this program is ONLY for Immigrant Visa holders (CR-1, etc). If you checked this box, a Social Security number will NOT be generated for you if you are a K-visa holder. As a K-visa holder, use the following guide to get your first, or replacement, Social Security number/card. If you have ever had a Social Security number, that is your number for life; you will need to visit your SSA office to get new card with the same number. The Application Process: :: For K1 Visa Holders :: As a K-1 Visa Holder you are eligible to receive a SSN upon producing a valid I-94 (unexpired). Do not wait until you only have a few weeks left until your I-94 expires to file for a SSN. Many SSA offices will not allow you to file for a SSN if your I-94 is about to expire (generally 14 days prior to the expiration on your I-94). On the other hand, you should also not file for a SSN too soon either. You should wait 2 weeks after you arrived in the US before applying for a SSN. If you go too soon your record of arrival will not be in the SAVE-ASVI system yet, and it will require manual verification from the USCIS. As this will add weeks to the period it takes to process the SSN, it is advisable to attempt to wait the two weeks to be safe. If you have waited the 2 weeks and they tell you they can not verify you arrival record via the SAVE database, you may allow them to to process it (but remember the potential delay for manual verifications). You can ask if they will check the computer again for you in a few days or return personally to have them look again -- thus eliminating the manual verification. The manual verification will require the SSA office to file a G-845 with the USCIS. To apply for a SSN you will need to go to your local SSA office and bring the documents below. These documents are proof of your eligibility to file for a SSN: 1. The SS-5 form you downloaded and filled out (they have some at the office if you forget). 2. your Passport (with the K-1 Visa in it) 3. your valid I-94: Electronic I-94 Copy; or (for older entries) an original (and bring a front/backside copy) of a valid paper I-94 4. another form of valid ID (as defined in the SS-5 instructions) 5. You should also bring the document RM 10211.530 that you printed out Make sure to bring all the documents above because some offices have staff that are not aware that a K-1 Visa Holder is eligible to file for a SSN. A friendly reminder is a nice thing to have -- if not you could be turned away incorrectly. Once you have successfully applied for your SSN, the SSN card will come in the mail in about 2 weeks. You can check on the status of the SSN application and/or often get the SSN in advance by returning in person (try calling) to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work. :: For K2, K3, K4 Visa Holders :: As a holder of a K2, K3 or K4 visa you must first have an EAD from the USCIS. You will be required to show this to the SSA agency to be eligible to receive a SSN. To apply for a SSN you will need to go to your local SSA office and bring: 1. The SS-5 form you downloaded and filled out (they have some at the office if you forget). 2. Passport (with the K-2, K-3, or K-4 Visa in it) 3. your valid I-94: Electronic I-94 Copy; or (for older entries) an original (and bring a front/backside copy) of a valid paper I-94 4. another form of valid ID (as defined in the SS-5 instructions) 5. A valid EAD Only persons age 12 and older must apply in person. A derivitive visa beneficiary (K2 for example) may elect to have their parent (the K1 for example) apply on their behalf (they will still need all the required documents). The SSA will most likely need to verify the validity of the EAD and will make a copy to send to the USCIS as part of the SSN processing. Once they verify the EAD you will receive your SSN card in the mail. You can check on the status of your SSN application and/or often get the SSN in advance by returning in person to the SSA office. If you need your SSN before it arrives in the mail you may ask them for an SSA-7028, Notice to Third Party of Social Security Number Assignments, to be sent to your employer or other interested third party once a SSN has been assigned. Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work.
  4. 1 point
    NOTE: For an overview of the entire K-1 Fiance Visa process, please see the K-1 Fiance Visa Flowchart. What is a K-1 Fiance Visa? A K-1 Visa (also known as a Fiance Visa) is a nonimmigrant visa Visa issued to the fiancé(e) of a United States citizen. The K-1 Visa allows the visa holder to enter the United States for up to 90 days during which time they may get married and file for Adjustment of Status (to obtain a "green card" and become a Legal Permanent Resident of the US). After filing for Adjustment of Status they may reside in the US beyond the 90 day K-1 Visa validity while their Adjustment of Status application is processed. While the K-1 Visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States Embassies and Consulates worldwide. If the non US Citizen fiancé(e) has a child (under 21 and unmarried), a K-2 non-immigrant visa may be available to him or her. Be sure to include the names of the children on the I-129F petition. Who is Eligible to File? U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen. Forms Needed to File for a K-1 Fiance Visa: 1. I-129F 2. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-129F Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-129F: Petition for Alien Fiance (see example) 4. Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example) 5. Proof of having met in past two years. To organize this information you can create a single typed page with the following elements: (1) Title the page 'Evidence of In-Person Meeting in the last 2 years'; (2) A description of how you met (same as you stated in Part 2 Question 53-54 of your I-129F); (3) A list of the evidence you are providing; (4) Your printed name, signature and date. Following this declaration page, provide the evidence you listed (click here for examples). 6. One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <Insert US Citizen's Name>". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 7. One passport-type photo (see specification) of the foreign fiance. Write the full name of the foreign fiance on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance name) ". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 8. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship. 9. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact. 10. Proof of Legal Name Change if either the US Citizen and/or foreign fiance is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order. 11. In regards to Part 3 of the I-129F, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See Part 3 of the I-129F instructions for more information. Documentary Proof of Having Met in Person in the Past Two Years and an Ongoing Relationship: Use as many of these items are possible. There is no minimum, but the more you can provide the less likely you are that you will receive an RFE. Additionally, please note that providing proof of your ongoing and genuine relationship in this package may benefit you by allowing the consulate to have access to this information prior to them formally contacting the non US Citizen fiance. Many high risk consulates approach cases with a skeptical eye and providing this information early on in the original I-129F package will help them in their preliminary review of your case. 1. Copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file. 2. Color Photo's of you and your fiance together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo's. If you only have a single copy of the photo, then make a color copy and send that. If it is a digital photo, have it printed at a local photo store such as Walgreens (if at all possible) or if not on a high quality printer. Place photo's in a plastic bag or photo sheet and label the sheet. Note that you may not receive originals of photo's back. 3. The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of land line and cell phone bills, appropriate letters and emails, stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!) Attach "E-Notification" Form (Optional) Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received. Mail the I-129F Package to the USCIS You should mail the completed form(s) to the USCIS Dallas Lockbox. Mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. Create a VJ Timeline Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take! What to send to your fiance once the I-129F is approved (Receive NOA2): 1. A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one). Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 2. Send copies of the documentary proof that you submitted with the I-129F for your fiance to have on hand for their interview at the embassy. Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 3. Send an original letter affirming your desire to marry your fiance and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F). 4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all. 5. You will need several items (for the above form). Gather duplicate evidence of income and resources as appropriate: (A) Statement from an officer of the bank/financial institution with your deposits, identifying the following: 1. date account opened; 2. total amount deposited for the past year; 3. present balance (B) Statement(s) from your employer on business stationary showing: 1. Date and nature of employment; 2. salary paid; 3. whether position is temporary or permanent (also include copies of your last two pay stubs and your previous W-2 for the associated employer if available) (C) If Self Employed: 1. Copy of last income tax return filed (or IRS transcripts); or 2. report of commercial rating concern (D) List containing serial numbers and denominations of bonds and name of record owner(s). Begin collecting these ASAP after your NOA2 arrives. See this FAQ for more tips and useful information on the Affidavit of Support Form. 6. A copy of the NOA2 that you received in the mail. (backup information; the embassy will have copies of this as well) 7. Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, online chat logs (pick several over the prior few months), etc.. from between the time you filed and present (NOA1 until date-now). Examples: Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!) NOTE: Tip Regarding Vaccination Records The K-1/2 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for Adjustment of Status if your DS-3025 form is not available). After the K-1 Fiance Visa is Approved: Upon entering the US on a K-1 Visa, the visa holder must get married to the original I-129F sponsor (for the K-1 Visa) within 90 days. If the marriage does not take place within 90 days or the K-1 Visa holder marries someone other than the original US Citizen who petitioned for them, the K-1 Visa holder will be required to leave the United States. Until the marriage takes place, the K-1 visa holder is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A K-1 Visa holder can not obtain an extension of the 90-day time limit. If the K-1 Visa holder intends to live and work permanently in the United States they should apply to become a permanent resident after the marriage. Please note, K-1 Visa holder will receive a "green card" and conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time the Adjustment of Status application is processed. Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)
  5. 1 point
    If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you. Form I-944 has quite a bit of supporting documents that go with it depending on your situation, be sure to read the instructions for this form carefully. Many people have gotten a RFE for this form so be sure to pay CLOSE attention when filing it out. When in doubt ask questions on the forums. When filing by mail, "priority mail with delivery confirmation" is the preferred method. Always keep a copy of what you have filed. IF your forms include an I-485 AND an I-485A, forget the "A" one...it is used for other types of applications for adjustment, such as assylum...you ONLY need to file the regular I-485 Form, not the A supplement. BE SURE TO USE CODE (C)(9) FOR A 1-YEAR EAD CARD (when filing concurrently with I-485)!!! How to get the forms: You can use forms downloaded from the USCIS website if they are printed on good quality paper with a good printer quality. You can also download free fillable forms on this site. Other things you will need: passport-style pictures (see specification), copy of the passport, copy of the k-1 visa (and NOA2), Electronic I-94 Copy (or for older entries a front/backside copy of the non US Citizen Spouses valid paper I-94), copy of the fiance's birth and divorce certificates with translation, PLUS the supporting documentation for the I-864 form: letter from employer confirming employment, the last 3 years of tax returns, plus any documentation of your financial resources if you choose to include this. The rule is, if your income is not 125% of the poverty level for your family, you will need additional financial documentation. HOWEVER, if you read the form instructions carefully, it states that while they do NOT require additional financial information IF you have at least 125% of the poverty level, it says the USCIS can still ask for that information if they want... so in order to potentially avoid future questions, many people include financial information, including bank letter, letter from stockbroker, letter regarding mortgages, copy of deeds to a property, and any other financial assets... etc. It is far better to include too much information rather than not enough. How long will I have to wait for an EAD, advance parole, and adjustment of status: You can check time here. Where to file the forms: You will file your petition at the Chicago Lockbox. See this page for the Chicago Lockbox address (PO Box). You will receive a receipt (Notice of Action) in the mail for your application once they receive and process it.
  6. 1 point
    If you need more than one affidavit, fill out the entire form but leave the signature blank, then sign each copy and the original. It states in the directions that you can do this. Not having adequate income will not usually be a problem if you have a co-sponsor, according to experiences posted on the forums, as long as the co-sponsor has adequate income/assets. Be aware that the cosponsor must have enough income/assets for both your fiance, any fiance children that will\ be immigrating, and his/her own household. However, that IF the US fiance has been on welfare or other government benefits for a lifetime or has no plans to work actively, the consulate can still deny the visa based on the likelihood that the foreign fiance will become a public charge. Just having a co-sponsor may not be sufficient. An actual case has been documented wherein a fiance visa was denied because the petitioning fiance was on government benefits and would not be working, even though the US fiance had two co-sponsors. When assets are used, the assets must equal 5 times the difference between the annual income and the needed 125% of the poverty level, this is because the affidavit is in effect for 5 years. For instance, if you needed $15,500 income and had an annual income of $13,500, you would need an extra $2,000 of assets for 5 years, or a total of $10,000 in assets in addition to your income. In general, if you are deficient on yearly income for sponsorship and your assets are somewhat borderline, do not take chances--have a co-sponsor. If you do not have a job or a steady income from other sources (such as retirement income), you will likely have to get a co-sponsor for your spouse, even if your assets are adequate. The USCIS looks VERY CLOSELY at current income and not just the assets. While there are no specific income requirements listed in the I-134 form directions, you will be judged by the same criteria as the I-864 form requirements when they are issuing the visa at the foreign US consulate, so provide financial information for the I-134 with those guidelines in mind. Basically, your employer letter should state "To whom it may concern: (first name,last name) has been employed full-time with the XYZ Company since 200_ as a (name of your job), and is an employee in good standing with an annual salary of . Signed, John Doe, Supervisor (or whatever title)" The letter should be on company letterhead. Some foreign U.S. consulates require a 2nd affidavit of support which is called "sponsor's financial responsibility under the social security act." It is a simple form and easily filled out and signed. The Hong Kong consulate has may require this form. The foreign fiance's income can NOT be counted on either affidavit (except when the foreign fiance has been living with the fiance, married, and in the US for six months), however the foreign fiance's assets CAN be used if they are readily convertible into cash. The USCIS is concerned ONLY about the US fiance's income/assets. (Note that in other situations the foreign spouse's income MAY be counted on I-864 affidavit, such as foreigner in U.S. on work or student visa who marries and then files for adjustment of status. IF the foreign spouse has LIVED IN THE HOUSEHOLD of the U.S. spouse for at least 6 months, then his/her income CAN be counted. There are NO situations involving fiance visa in which foreign spouse's income can be counted, as far as I know, when interviewing for the fiance visa or when filing adjustment of status within 6 months of arrival in the US.) The US fiance is ALWAYS the primary sponsor, but may have a co-sponsor. If there is a co-sponsor, both the US fiance and the co-sponsor will EACH have to fill out the affidavit I-134 or I-864 and EACH will have to provide supporting documentation. NOTE: I-864 SPONSOR MOVES: FOR the I-864: If the sponsor or co-sponsor moves, the USCIS should be notified within 30 days via an I-865 form.
  7. 1 point
    The following sections have example questions that were asked of real life applicants. When available the location* that the questions were asked is noted. These questions are not an inclusive list and should only be used to get a "feel" for the types of things that will be asked. Indeed many interviewers may ask more or less questions, easier or harder questions, and in general many things that this list does not include. Please only use this as a general guide to help you understand in what types of things may be asked. >> If you wish to add an example interview question that does not appear here please contact us! K-1 Visa Interview Example Questions K-3 Visa Interview Example Questions K-4 Visa Interview Example Questions Adjustment of Status Interview Example Questions *Remember that the locations that the questions were asked at is only for reference and these questions are generic across all locations for the same benefit type. K-1 Visa Interview Questions Location* Question Germany How long do you know your fiance? Germany How did you meet? Germany Have you ever been to the US? Germany When is the last time you have seen your fiance? Germany When will you leave for the US? Hong Kong (China) When did we meet in person? Hong Kong (China) When did my fiance propose? Hong Kong (China) Why was my fiance's first marriage not working out? Hong Kong (China) Does my fiance have any kids? How many, how old, who do they live with? Hong Kong (China) When did my fiance divorce? Hong Kong (China) What is my fiance's birthday? Hong Kong (China) What is my birthday? Hong Kong (China) Does my fiance's have any brothers and sisters? Hong Kong (China) Do I have any brothers and sisters? Hong Kong (China) Where do my fiance's parents live? Hong Kong (China) What does my fiance do for a living? Hong Kong (China) Where does my fiance live? Hong Kong (China) Where was he born? Hong Kong (China) What do I love about my fiance? Hong Kong (China) When am I going to leave? Hong Kong (China) When are we going to have the wedding? Hong Kong (China) Have I ever applied for a traveling visa? Hong Kong (China) Where did my fiance visit when he was here? K-3 Visa Interview Questions Location* Question Canada Where did you meet? Canada Has he been to Canada? Canada Have you ever lived in the USA? Canada Where does he work and what position does he hold? Canada How did you meet? Canada Where did you meet the first time? Canada How long have you known each other? Canada What does he do for a living? Canada What do you do for a living? Canada Does he have children? Have you met them? K-4 Visa Interview Questions Location* Question Canada Have you met your step dad? Canada What does he do? Canada Does he have children? Do you know how old they are? Adjustment of Status Questions Location* Question Various Name and address. Various Name and Date of Birth of Spouse. Various When and where did you meet your spouse? Various Describe this 1st meeting. Various Did you make arrangements to meet again? Various Did you exchange phone numbers? Various When did you meet next? Various Where were you living at the time? Where was your spouse living? Various When did you decide to get married? Where were you at the time? Various Did you live together before marriage? Various When and where did you get married? How did you and your spouse get to the church, courthouse, etc.? Various Who were the witnesses to the ceremony? Various Did you exchange wedding rings? Various Where had you purchased these rings? Did you and your spouse purchase them together? Various Did you have a reception after the ceremony? Various Where was it held? Various Do you have any photos of the ceremony and /or reception? Various Describe the reception. Various Did any of your, and your spouse’s, family members attend? If so, who? Various Did you go on a honeymoon? If so, when and where? Various If you did not have a reception, what did you do after the wedding ceremony? Adjustment of Status Questions Continued... Location* Question Various Where did you live after the wedding? Various Describe the place where you lived right after the marriage. Number of bedrooms and bathrooms; furnishings; color of walls, floor coverings, appliances, etc; type of air conditioning, heating, etc; # of telephones, televisions, etc. Do you have cable television? Various Where did you get the furniture? Was it already there, did you buy it, was it a gift, or did it come from your, or your spouse’s, previous residence? Various If brought to the house or apartment, describe how it was transported. Various Describe your bedroom. Where do you keep your clothes? Where does your spouse keep his or her clothes? Where are the bathroom towels kept? Where do you keep the dirty clothes? Various Where is the garbage kept in the kitchen? Various On what day of the week is the garbage picked up? Various Where do you shop for groceries? Do you go together with your spouse? How do you get there? Various Where do you work? What days of the week do you work? Various What hours do you work? What is your salary? Various What is your telephone # at work? Various When was the last vacation you had from work? Various Did you and your spouse go anywhere together at that time? Various When was the last vacation you and your spouse took together? Various Where did you go? How did you get there? Describe it. Various Where does your spouse work? What days of the week? What hours? What is the salary, if you know? Various What is your spouse’s telephone # at work? Adjustment of Status Questions Continued... Location* Question Various When was the last time your spouse got a vacation from work? Various Do you or your wife have any scars or tattoos? If so, where on the body? Various Do you know your spouse’s family members? If so, which ones? If your spouse has children from a previous marriage, their names, ages, where they live, and where they go to school, if applicable. Various Where do you live now? (If different from where you lived right after the marriage, then go over the same questions as above). How much is the rent? When is it paid? How do you pay it? Various Do you have a bank account together? Where? What kind of account? (Checking, savings). Various Are both of you listed on the account? (Do you have a bank letter, cancelled checks, etc.?) Various Did you file a joint tax return this year? Do you have a copy with you? Various Do you own any property together? What property? Did you bring copies of the documents with you? Various What kind of automobile do you and your spouse have? Describe them. Various Do you have an insurance policy listing your spouse as the beneficiary? If so, do you have a copy? Various Have you taken any trips or vacations together? Do you have photos from these trips? Various Do you have any utility bills, or receipts from items you have purchased together? Various What other documentation do you have to show that you are living together as husband and wife? Various Do you have any pets? What kind, what are their names, and describe them? Various What did you do for Christmas, New Year’s, your anniversary, or you or your spouse’s last birthday? Did you exchange gifts? If so, what kind of gift? Various Did you or your spouse go to work yesterday? If so, at what time did you and/or your spouse leave the house and return? Various Who cooks the meals at the house? Various What is your spouse’s favorite food? What is your favorite food? Adjustment of Status Questions Continued... Location* Question Various Does your spouse drink coffee? If so, does he or she use cream and/or sugar? Various Did you eat dinner together last night? Did anyone else have dinner with you? What did you have? Various What time was dinner served? Who cooked it? Various Did you watch TV after dinner? What shows did you watch? Various At what time did you go to bed? Who went to bed first? Various Did you have the air conditioning or heater on? Various Who woke up first this morning? Did an alarm clock go off? Various Did you or your spouse take a shower? Various Did you come to the interview together? Who drove? Various Did you have breakfast? Where and what did you eat? You may also find useful this USCIS video on the naturalization interview:
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