(newsgroup)..Before starting out on any process like this people should research the whole process and not just the beginning.
Updated September 7, 2001
The alt.visa.us.marriage-based newsgroup was formed early in 1998, by Nigel Reed. Originally, the group focused on the K1/K2 fiance(e) visa, but has evolved to include many marriage-based immigration issues involving US Citizens. General guidelines for posting to the newsgroup can be found at Helpful Guidelines
About the K Visa FAQ and its contents:
The K1 visa enables US Citizens to bring their foreign fiance(e)s to the
United States in order to get married.
The K2 visa allows unmarried children
(under age 21) of the fiance(e) to move to the US as well.
The K1 visa is not an end in itself. It is only a single step in a procedure for obtaining permanent residency (a green card) based on a marriage to a US Citizen after entry. The steps involved in immigrating to the US via a K1 visa can be generally described as follows:
.....And then...
3.1)...I am engaged to a foreign
national. What do I do to bring my fiance(e) here to get married?
3.2)...How do I obtain the I-129F and what
other forms do I need?
3.2.1)...Do
I have to send in my original birth certificate, passport, or originals of other
forms?
3.2.2)...(newsgroup)..How
should a latin name (first name, fathers last name, mothers last name) be put on
the G-325A and I-129F?
3.2.3)...(newsgroup)..The instructions state
the photos must be taken within 30 days of the petition or application. How
critical is this?
3.3)...So what
Affidavit am I *really* supposed to use? The I-134 or the I-864?
3.3.1)...Where can I get someone to notarize
my documents?
3.4)...I filled out
the forms, now where do I send them? Should I make extra copies of anything?
3.4.1)...Should I send a cover letter
with the I-129F petition package?
3.5)...When I send the application package,
should I request "return receipt"?
3.6)...How does the US Citizen know the
petition has been "officially" received?
3.7)...How does the US Citizen know the
petition has been approved?
3.7.1)...My fiance(e)'s name was spelled
incorrectly on the I-797 Approval Notice. What should I do?
3.8)...(This
item deleted...info is now at question 3.2)
3.9)... (newsgroup)..We've noticed that the Bio
form they gave to us is G325 (the two sheet version) and not G325A (the four
sheet version) which is what I was expecting. Also, is it ok to use downloaded
forms from the INS website?
3.9.1....(newsgroup)..On form G-325A, where
can I get the file number started with "A-" ( it is the far right box of the
first row of boxes) for both me and my fiance. Also in the last box with the
heavy border how would I put my fiance's alien registration number there while
she has none. Can I just leave it blank.
3.10)...(newsgroup)..I'm trying to find out
how old the U.S. citizen needs to be to file an application for K-1 visa for a
foreign fiance[e]. Is it 18 or 21?
3.11)...(newsgroup)..Is there a special visa
status for a fiance(e) from Mexico (south near Mexico city) or do I need to go
thru the normal finacee visa process ?
3.12)...Do we need a lawyer to help us through
the process?
3.14)...How often are
these I-129F petitions rejected?
3.15)...(newsgroup)..Can I, while my fiancee
will apply for a I-129F package, be with her in the US ? So we can stay together
while the application is being processed or do I have to go to Holland again ?
3.16)...(newsgroup)..Does anyone
have any words of reassurance that we aren't looked upon as complete freaks for
meeting on the net and falling in love (by the INS or the US Embassy
anyway)?
3.1)...I am engaged to a foreign national. What do I do to
bring my fiance(e) here to get married?
A..Provided you are a US
Citizen, you begin by filing an I-129F, petition for fiance(e) visa. As part of
the initial petition process, you will be required to show that you have
personally met your fiance(e) within the previous 2 years. It is difficult to
obtain an exception to this rule.
If your fiance(e) has unmarried children
under 21, they can move to the US also. List all children under age 21 on the
I-129F petition, whether or not they are going to move to the United States.
When this petition is approved, the fiance(e) can apply for the K1/K2 visa.
The K2 visa is used for the children. Any procedures applicable for the K1 visa
are automatically applied to the children.
back
3.2)...How do I obtain the I-129F and what other forms do I
need?
A..The "easiest" way is to call the toll-free INS number given in
the links and say you want the
"fiance(e) visa package", or mail-order the forms from the INS web site.
You
can also download documents, and these are accepted with no problem. However, as
one poster notes "Downloaded forms from the Internet do *not* provide all the
information that is necessary. So far, every time I've requested forms by the
Phone Request number, I've received additional and very necessary helpful
information. Personally, I wouldn't do it any other way."
The "fastest" way
might be to visit a local INS office where they will probably have the forms.
The package you will send to the INS Service Center must contain the following....
When you order the forms from INS they will include the M-378 Color
Photograph Specifications. This sheet will show you how the required photos
should look.
You will get a WR-627 Direct Mail Notice. This tells you
where to mail the forms.
You will get an I-134 Affidavit of Support.
(You may consider ordering the Affidavit as a separate item to insure that you
do get it). The I-134 Affidavit of Support will be filled out by the US Citizen
and sent to the fiance(e) for the K1 interview. It is not required to be sent to
the Service Center with the I-129F. Some Consulates require extra information to
be included with the Affidavit, so you need to hang onto it until you have
learned whether or not there are additional requirements. These will be listed
on the OF-167 "financial support" document the fiance(e) receives from the
Consulate. You can also refer questions to the newsgroup about experiences
regarding the Affidavit. (Also go and look at question 4.3.1)
FAQ Note about evidence. You need to send copies of evidence that you
and your fiance(e) have met personally within the previous two years. Items such
items as photos, copies of passport stamps, copies of airline tickets, help
prove this. In the past many petitioners faced a delay when the INS sent them a
request for additional evidence or information.
In addition, the I-129F
(version 10-06-00) indicates the INS wants "original statements" from the US
Citizen and foreign fiance(e) regarding mutual intent to marry within 90 days,
plus "copies of any evidence you wish to submit to establish your mutual
intent". (As time goes by, we will document what people tell the newsgroup
regarding this evidence, but the "original statement" can be a simple letter
attesting that you do indeed intend to marry within 90 days. Each of you can
write such a letter, or a single letter can be written and signed by both of
you.)
A..(newsgroup)..I have original signed statements from both of us (not
notarized), evidence of meeting in the past two years, evidence of a valid
relationship (by way of letters, engagement ring recpt and engagement photos,
and tons of phone cards).
back
3.2.1)...Do I have to send in my original birth certificate,
passport, or Naturalization certificate?
A....Copies of these documents
are sufficient. Prior to October 2000, the instructions for the I-129F were not
written clearly, and the newsgroup would often hear from folks who sent their
original US passport with the I-129F petition and wanted to know if they would
ever get it back. You must be prepared to submit original documents only if INS
decides they want to look at them.
If you like (but it is not required), you
can put your signature on Notice #FC-029 (12-98) and include it with your
package. FC-029 states that legible photocopies may be submitted of original
documents, including Naturalization and Alien Registration Cards. Or you can
just include a statement that "copies of documents submitted are exact
photocopies of unaltered original documents and I understand that I may be
required to submit original documents to an Immigration or Consular official at
a later date", sign it, and date it.
A...(email)... You can contact the
county clerk where you were born, and get a certified copy of your birth
certificate. (Note: you will pay a few dollars for this, but you usually can get
more than one copy. All US Citizens should have a certified copy of their birth
certificate, but it is surprising how many can't seem to find it when they need
it.)
back
3.2.2)...(newsgroup)..How should a latin name (first name,
fathers last name, mothers last name) be put on the G-325A and I-129F?
A..(newsgroup)..What others have done successfully is to use the first
(fathers) last name on the forms. Then in the cover letter, state the full name
including both last names and that you are only using the first (fathers) last
name on the forms.
back
3.2.3)...The instructions state the photos must be taken
within 30 days of the petition or application. How critical is this?
A..(newsgroup)..If you do not anticipate a significant change in your
appearance, get the pix taken and don't worry about the date. As long as there
are no dates on the pix and they look like you, everything should be fine.
back
3.3)...So what Affidavit am I *really* supposed to use? The
I-134 or the I-864?
A..The I-134 is still used for some visa
applications, including the K1. Good advice here is to also inquire at the
foreign consulate about any particular additional requirements. You can also
refer questions to the newsgroup to inquire about recent experiences. Your
fiance(e) needs the I-134 affidavit for the actual visa interview at the foreign
consulate, so you will not be sending it with the I-129F petition. You will send
the I-134 affidavit to your fiance(e).
Altho the I-134 does not state
minimum income requirements, there is a near 100% chance you will be required to
show 125% of the poverty level for your household including your fiance(e) and
any children. (See the link in the references section for Poverty Level
guidelines). If you do not meet these requirements, you must still file an
I-134, but you will need a co-sponsor who does meet the guidelines. The
co-sponsor also fills out an I-134 affidavit.
You should make a COMPLETE
copy of EVERYTHING in your affidavit package. Make a copy of the I-134
before you get it notarized *just in case* you have to supply another notarized
copy. You WILL use the I-864 affidavit when filing the I-485 application for
adjustment after marriage, so you should begin learning about it now.
back
3.3.1)...Where can I get someone to notarize my
documents?
A..The best place is at a bank, credit union, or savings and
loan institution. If you do business with one, the services will usually be
free. If not, each "signature" will cost a few dollars.
back
3.4)...I filled out the forms, now where do I send them?
Should I make extra copies of anything? A..(from the I-129F instructions)..If you live outside the United States,
contact the nearest American Consulate to find out where to send or take the
completed form.
Make a COMPLETE copy of the ENTIRE I-129F petition package. You should
even have extra original photos. Don't send originals of your divorce decrees or
passport. Send copies and attach a statement that the originals are available.
3.4.1...Should I send a cover letter with the I-129F
petition package? 3.5)...When I send the application package, should I request
"return receipt"? 3.6)...How does the US Citizen know the petition has been
"officially" received? 3.7)...How does the US Citizen know the petition has been
approved? At this time, the foreign US consulate will be notified, and the appropriate
forms forwarded to the fiance(e). The fiance(e) is responsible for applying for
the visa. 3.7.1)...My fiance(e)'s name was spelled incorrectly on the
I-797 Approval Notice. What should I do? 3.8)...(This item deleted....info is now at question 3.2)
3.9)... (newsgroup)..We've noticed that the Bio form they gave
to us is G325 (the two sheet version) and not G325A (the four sheet version)
which is what I was expecting. Also, is it ok to use downloaded forms from the
INS website? As of April, 2000, many newsgroupers are reportng downloading the four
page G325A from the INS website and using it "as is" printed on white paper.
The G-325A is a four sheet carbon copy form and is difficult to fill out, unless
you fill it two sheets at a time or use a typewriter. It is also useful to note
there are websites where you can fill out the G-325A online (and other forms as
well) and print them out, either as a paid service or for free.
FAQ Trivia.... In the newsgroup, a retired INS examiner has said the
INS Service Centers throw away everything except sheet 1 of the G-325A. He said
the carbon form G-325A is only sent out cause the INS still has thousands of
them lying around. We don't really know if that is true tho. 3.9.1....(newsgroup)..On form G-325A, where can I get the
file number started with "A-" ( it is the far right box of the first row of
boxes) for both me and my fiance. Also in the last box with the heavy border how
would I put my fiance's alien registration number there while she has none. Can
I just leave it blank. 3.10)...(newsgroup)..I'm trying to find out how old the U.S.
citizen needs to be to file an application for K-1 visa for a foreign fiance[e].
Is it 18 or 21? 3.11)...(newsgroup)..Is there a special visa status for a
fiance(e) from Mexico (south near Mexico city) or do I need to go thru the
normal finacee visa process ? 3.12)...Do we need a lawyer to help us through the
process? 3.14)...How often are these I-129F petitions rejected?
3.15)...(newsgroup)..Can I, while my fiancee will apply for a
I-129F package, be with her in the US ? So we can stay together while the
application is being processed or do I have to go to Holland again ?
3.16)...(newsgroup)..Does anyone have any words of
reassurance that we aren't looked upon as complete freaks for meeting on the net
and falling in love (by the INS or the US Embassy anyway)?
4.1)...How long after the approval of the I-129F petition does
the fiance(e) wait to get the paperwork? 4.2)...Can the foreign consulate be notified any faster???
4.3)...What type of paperwork does the fiance(e) receive from
the Consulate? 4.3.1)...What does the fiance(e) do with all these
papers? 4.3.2)...Can the fiance(e) start gathering documents and
information right away to "speed things along?" 4.3.3)...Do I need documents translated into english for the
K1 application? A..(newsgroup)..While the translation of documents may not be required for
the K-1 visa, the translation of foreign language documents WILL be required for
adjustment of status. If your language is different from English, I would
tactfully suggest that the foreign fiance get certified translations *prior* to
entering the US on the k-1 visa. 4.3.4)...(newsgroup)..Are the photographs supposed to be
made the same way as the ones we sent in for the I-129F? 4.3.5)...(newsgroup)..What vaccinations are required and is
it better to have had these done prior to the interview at the embassy?
4.3.6)...What should I bring with me to the interview?
4.4)...When is the K1 visa actually given to my fiance(e)?
The visa is given along with a sealed envelope of documents which must be
given to the INS officer when entering the US. The visa is good for 6 months.
The fiance(e) is allowed to enter the US once with the visa, with the purpose of
getting marrried. The fiance(e) is not allowed to travel freely into and out of
the US with the visa, it is good for one entry only. If there is a K2 visa
involved, the K2 may enter up to a year after the K1. The K2 cannot enter the US
before the K1. 4.4.1)...Must the K2 child attend the interview at the
Consulate? 4.4.2)...My child did not move with me to the United States,
but now he wants to move here. He was listed on the I-129F petition. Can he
still get a K2 visa? 4.4.3)...Are K2 children required to have their own
passports? 4.5)...Just what is inside that sealed envelope anyway?
4.6)...Can my fiance(e) come to the US to visit me once the
visa process is started? A.. If the fiance(e)..."Has a residence in a foreign country which the alien
does not intend to abandon", and if the fiance(e) is "An alien coming to meet
the alien's fiance(e)'s family (to become engaged; to make arrangements for a
wedding; or to renew a relationship with the prospective spouse)", then they can
enter the US on a B2 visa. (Quotes from the INS Inspectors Field Manual). This
does not specifically address an alien with a "K1 visa application pending".
Proving an intention to return home might mean showing....
4.7)...(newsgroup)..Is an extract from the records (short
form) a valid birth certificate, I know it is for UK stuff, but how about the K1
process ? 4.8.. I am adopted and don't have a birth certificate - what
do I do? 4.9...How often are the K1 visa applications denied?
4.10..(newsgroup)..I'm getting conflicting reports on what is
required for a plane ticket to the U.S. I was told that you need to have a round
trip ticket. Is that true? 4.11)...(email)..My alien fiancee has been issued a K-1 visa.
Can we get married abroad and then come back together to the US with the
K-1? 4.12)...(email)..Does the government, for visa purposes,
distinguish between religious and civil marriages? 5.1)... The airline staff ask if I need a visa waiver or if
I'm traveling on a visa. Which form should I ask for? 5.2)...What happens when we get off the plane? If you are flying in from Canada, the Immigration/Customs procedure will
occur before you get on the plane in Canada. If you are driving into the United
States, the procedure will occur at the border crossing. 5.2.1...(newsgroup)..Does anyone know exactly what happens
to this wad of papers in the brown envelope (after) the INS at POE goes through
them? 5.3)...How about employment? When can my fiance(e) begin
working? 5.4)...What do we do if my fiance(e) does not receive a
temporary work authorization? 5.5)...Is there any way I can make absolutely, positively sure
that my fiance(e) will receive work authorization so that they can go to work
and help to pay the bills right away? 5.6)...(newsgroup).. We were wondering if anybody could tell
us where to enter the U.S. from Canada to get the proper work authorization
stamp for her visa. We want to bring her car over. 5.7)..How do we apply for a Social Security Number?
A..(newsgroup Jan 19, 2001)..The first thing the clerk did when we sat down
was look in her book that is supposedly supplied by the INS and tell us that K-1
holders were not work authorized. I started flipping out documents to the
contrary and she went and got her supervisor. The supervisor maintained their
information was correct for a while until one of the documents (the posting by
Judith on the 9th) jarred something in her memory. She left for a few minutes
and then returned with an apology and produced a memo which stated: "A
nonimmigrant alien in K-1 alien status is authorized to work based on that
status and is no longer required to show and employment authorization document
(EAD) as proof of employment authorization when applying for a Social Security
Number (SSN) card."
(FAQ Note): If your local Social Security office won't cooperate with you,
then try another office, and you may experience success. However, once you have
filled out the application and given it to a particular office, you can no
longer shop around for cooperation. 5.8)...How can my fiance(e) open a bank account or file income
tax returns without a Social Security number? 5.9)...My fiance(e) has a lot of household goods which are
being shipped over. Will we have to pay "duties" on these things? 5.9.1)..(email)..What process is required to bring firearms
into the United States? 5.10)...I hear the beer is really lousy in the US? Is this
true? 5.11)...General Comment - Selective Service (military draft)
Registration...males aged 18-26 5.12)...Is it okay for us to go to the US Virgin Islands or
Puerto Rico on our honeymoon without Advance Parole? A..(newsgroup)..Let me make it as clear as it was explained to me and which
the regulation bears out: So long as the K-1'er does not depart ("depart" is
also defined in the reg.) the US after making a legal entry s/he can travel to
any other location which includes the USVI, PR, Guam, Hawaii, and Alaska.
5.12.1)...What about visiting Canada or Mexico prior to
filing for Adjustment of Status? 5.13)...My fiance had to return home because of a family
emergency just a couple weeks after arriving. Due we have to go thru this entire
process again in order for him to come back to the US? FAQ Note: Revalidating a K1 has been done once in the newsgroup experience,
early in 2000. The Consulate was unwilling to cooperate, and help from the US
Citizens Congressional Representative was required to achieve success. The
Representatives office contacted the State Department to verify the situation
regarding revalidation. Correspondence between the Representatives office and
the Consulate helped assure the revalidation. The revalidation process took
about two weeks. 6.1)...How soon after we get married should we apply for
Adjustment of Status? 6.1.1)....(newsgroup)..When we file for adjustment of
status, what do we need to do about the child's K2 status? Are we required to
file the adjustment for him too and pay the fees for each application?
6.2)...What forms and other items are required for Adjustment
of Status?
6.2.1)...(newsgroup)...I-485 - Adjustment of status.... I am
asked for my Nonimmigrant visa number, is this the one under the control number
or is it the one at the bottom of the visa ?? 6.2.2)....Will I need to take another medical exam since the
medical report is only good for one year?? 6.2.3)...How can we file for Adjustment of Status
"immediately" if we have to wait several weeks or more to get a certified copy
of the marriage certificate? 6.3)...So where do we send the Adjustment of Status
application package? 6.3.1)...I read somewhere that October 1st is a bad day to
go visit an INS office. Why? A..(newsgroup)..Here's how it works. If you win (the lottery) and you are in
the US and choose to adjust status you do this through your local office by
applying on October 1st or later (obviously one year later than you originally
applied for the lottery). Note that it doesn't take much to swamp the local INS
offices - when I filed at Arlington there were just 11 other AOS applications
ahead of us in line and we didn't get seen until 12.45!
Note: The "October 1st" effect will depend on the location of the local
office and the makeup of its immigrant population. This extra activity only
lasts a few days. 6.4)...I thought we were also supposed to submit fingerprints
as well? 6.5)...Why is the FBI looking at my fingerprints?
6.6)...Why is the I-864 Affidavit of Support now used for the
Adjustment of Status application when we used the I-134 Affidavit for the
Fiance(e) petition? 6.7)...Can my spouse leave the United States, and then
re-enter, before receiving the Green Card (conditional permanent residency)?
6.7.1)...(newsgroup)...Well, my wife received her advance
parole documents today. I had thought maybe we would receive some instruction on
how to use them properly from INS, but no such luck. She got three sheets; one
original with picture attached, one copy with picture attached and one copy with
no picture attached. The port is the POE, the Date and Officer are obvious. The "paroled until"
should indicate the expiry of your AP document (the letter). The "Purpose" may
be one of either "Adjustment of Status" or "Humanitarian"...there seems to be
some confusion about which one is "correct" but both seem to work. 6.8 and 6.9)...(These items deleted...see section 7.0)
6.10)...We never received the 90 day work authorization, and
we could not take the I-765 to a local office. When do we finally get the
EAD? 6.11)...What should we do during the time we are waiting for
the Adjustment of Status interview? 6.11.1)...What should we do if we move before the interview
happens? 6.11.2)...How will we know when the interview is scheduled?
What *evidence* do we need to take? FAQ Note: The list you get from your local INS office prior to the
interview will vary from the one given here, but it gives you an idea what to
expect. 6.11.3)...What kind of questions will they ask in the
interview? 6.11.4)...When do I get the green card? 6.11.5)..(This item deleted. See Section 7.0)
6.11.6)..Can I travel abroad after becoming a permanent
resident? 6.11.7)..(newsgroup)..OK, so my K-1 wife will file I485 for
AOS.....Question is, what will her immigration status be from the date she files
the AOS paperwork until the interview where she receives (conditional)green
card? 6.11.8)..Can I go get a "normal" Social Security card after
AOS? 6.12)...Taxes. How do we find out about taxes? Altho it is not the intent of this FAQ to provide answers for tax questions,
we can at least point you in the correct direction. The first tax return filed
after marriage just may get you a significantly larger refund. You can check out
the Internal Revenue Service site listed in the links and you can ask questions in
the newsgroup. 6.13)...What happens if we do not get married within the 90
day validity of the K1 visa? 6.14)..(newsgroup)..Finally I received the green card.
Unfortunately my first name is misspelled! 7.1)...Please explain "Conditional Permanent Residency"?
7.2)..When do I become a Permanent Resident (conditional
status removed)? 7.3) ..Okay, when do I file the I-751 to lift conditional
status? 7.4) ..How to we file for lifting of conditions for my K2
child? 7.5) ..Where should I send the application package?
7.6) ..Why is filing 90 days before the expiration of my 2
year green card so important? 7.7) ..Is there another interview required to lift my
conditional status? 7.8) ..What "evidence" should I submit in order to avoid an
interview? Your list might include:
7.8.1) ..So what does INS want to see in the affidavit from
people we know?? 7.8.2) ..(newsgroup)..Does the INS do any background checks
for conditional residents such as FBI and CIA checks?
7.9) ..How will I be notified by INS? What is my status before
I get a new green card? When the petition is approved, you will get a letter from INS
notifying you of the decision. Your new permanent status will be IF1, or
"Immigrant Fiance(e) 1". If there is a K2 involved, they will get a separate
letter from INS notifying them of their status, which will be a IF2, or
"Immigrant Fiance(e) 2".
Nigel reported the text of this letter in a newsgroup posting (March 2000) as
follows: 7.9.1) ..So I have to go back to the local INS office even
after I have received unconditional permanent resident status? 7.10) ..The green card is only good for 10 years!!
7.11) ..My marriage fell apart and we are divorced. Can I
still get the conditional status lifted? 8.1)...When can I apply for United States citizenship?
8.2)...Am I obligated to apply for United States citizenship?
If not, why should I? 8.3)...Special Note: Be sure to notify the Social Security
Administration after Naturalization 8.4)...Can I still apply for Naturalization even tho my I-751
has not yet been approved? 8.5)...(newsgroup)..I was reading a page on the naturalization
oath you have to take. I am an atheist and don't want to do the 'so help me God'
part. Do I have to say that? FAQ Note: We are currently gathering more info on Naturalization. We will
include more on Naturalization experiences as more newsgroup members approach
this stage, since the content of the FAQ is primarily derived from actual
newsgroup experience. However, the INS publishes quite a lot about
naturalization on their website, including a list of 100 typical test questions
used for the written citizenship exam, and a comprehensive naturalization guide.
On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act)
was signed into law. One of the provisions this legislation is the creation
of K3 and K4 non-immigrant visas for spouses of US Citizens who are outside the
US, and the children of those foreign spouses. These visas were created to
allow reunification of families of US Citizens, by allowing the spouse and
children to enter the United States as non-immigrants, and filing for Adjustment
of Status inside the United States, rather than waiting for Consular immigrant
visa processing. Provisions for processing for the K3/K4 became effective on
August 14, 2001 after coordination required between INS and the State
Department. Briefly, the process is as follows:
Altho the K3/K4 visa may allow the spouse and children into the US faster,
they may now undergo the Adjustment process in the US, rather than entering the
US with Permanent Resident status. This means filing for Adjustment of
Status and work authorization, and paying the fees associated with these
applications. It may mean problems with non-resident tuition fees at colleges,
and other minor and major headaches experienced by current fiance(e) visa
holders, including the sometimes nerve-racking experience of getting an older
child adjusted to Permanent Resident status before turning 21. The new K visa procedures allow the US Citizen and foreign spouse to bypass
long I-130 petition approval times, and visa/affidavit of support processing
steps at the National Visa Center, but will not decrease the time required to
process and issue the new K3/K4 visa at the US Consulate.
As the implemention of these new visas processes progresses, there will be
plenty of newsgroup discussion, and we shall begin filling out this section
of the FAQ with specific information and experiences. Spousal K visa couples may
anticipate needing an english translation of their marriage certificate, school
records, medical histories, divorce and death certificates, and whatever common
sense indicates they should bring with them to the US "just in case" these items
may be required for any further immigration or Naturalization processes. 10.1)...I am a Permanent Resident, not a US Citizen. Can I
still use the K3/K4 process? 10.2)...How do I prepare the I-130 package to start the
process for a K3? 10.3)...When starting the K3/K4 process, must I submit an
I-130 for our children when I submit the I-130 for my spouse? 10.4)...Where do I send the I-130 petition when used as part
of the K3/K4 process? 10.5)...What notification will I receive from INS that my
I-130 petition has been filed? 11.1)...The I-129F is a Fiance(e) petition!!! Why is it used for my spouse
and children? 11.2)...How do I prepare the I-129F package for the K3/K4 and
what documents do I need? 11.3)...What must I do to fill out the I-129F correctly for
my spouse? 11.4)...Do I list our children on the I-129F petition as
well? 11.5)...Where do I send the I-129F petition when used for the
K3/K4? 11.6)...What notification will I receive from INS that my
I-129F petition has been filed, and then approved? 12.1)...How will the Consulate be notified of my approved I-129F Petition
for the K3/K4? 12.2)...What kind of paperwork will the Consulate send to my
spouse? 13.1)...I am coming in on a K3. What happens when we get off the
plane? If you are flying in from Canada, the Immigration/Customs procedure will
occur before you get on the plane in Canada. If you are driving into the United
States, the procedure will occur at the border crossing. 13.2)...How long is my K3/K4 status good for? 13.3)...Do I have work authorization based on my K3 status,
before applying for Adjustment of Status? 13.4)...How do I apply for a Social Security Number based on
the K3/K4 status? 13.5)...My child did not move with me to the United States,
but now he wants to move here. He was listed on the I-129F petition. Can he
still get a K4 visa? 13.6)...I just arrived in the United States as a K3, but if I
have an emergency and need to return to my home country, can I return to the
United States with no problems using my K3 visa? 14.1)...How soon after we arrive in the U.S. should we apply for
Adjustment of Status? 14.2)...Since my K3 status is good for two years, why am I
obligated to apply for Adjustment of Status as soon as possible? 14.3)..When we file for adjustment of status, what do we need
to do about the child's K4 status? Are we required to file the adjustment for
the K4 and pay the fees for each application? 14.4)...How do I file for Adjustment of Status from a K3 and
what forms do I need? 14.5)...Will I need to apply for Advance Parole in order to
leave and then reenter the United States? 14.6)...Does the K3 status change after applying for
Adjustment of Status? 14.7)...What if my EAD expires before my application for
Adjustment of Status is approved? 14.8)...My status as K3 is about to expire, and I am still
waiting approval of AOS. Is there anything I can do to keep my status?
14.9)...What is the status of a K3 after approval of
Adjustment of Status? 20.1)..My foreign spouse passed away before applying for
Naturalization. Is there anything that I, as a US Citizen, need to do?
20.2)..What about INS? Do I need to notify INS about the
death of my foreign spouse or child? Copyright© 1998 - 2001 by the FAQ Guy.
A..(newsgroup)..The American
citizen should send the I-129F, G-325A (both copies), and all supporting
documentation to the Regional INS service center having jurisdiction over their
place of residence. This is not the state or local INS office, but one of 4
regional service centers. You may receive the Direct Mail Notice WR-627 with
your package from the INS and it has all the addresses. Send the I-134 Affidavit
to your fiance(e) for the visa interview.
back
A...A cover letter is not required, but it is a good
idea to have one. It can be used to list all the documents submitted with the
package, and can also be used to explain "how you met".
back
A..Yes. Go to the Post Office and mail it in person.
You will feel better when you get the receipt in the mail a few days later, and
you will know that your application has made it as far as the INS mailroom.
back
A..The Citizen will receive an I-797 "Notice of
Action" from the INS. This can be up to a couple weeks after you mail it. The
notice will say how long it usually takes to process the applications and give
you a "receipt number" by which you can obtain "case status information" direct
from the "automated system". The telephone number will be provided on the form.
back
A..The Citizen will receive another I-797 "Notice of Action"
from the INS, which is the actual "approval notice". It should have the same
"receipt number" as the first NOA. Keep this form in a safe place. Approval
times thru the 4 Sevice Centers very widely, roughly 30-45 days thru Vermont and
as long as 3 months thru Nebraska (as of April, 1999).
This approval notice
will specify the following:
Special Note - Do not assume this I-797 "approval notice"
is a form letter. Read it carefully, front and back. Many approval notices
state..."The marriage and filing of the adjustment application must both
occur within these 90 days". A copy of the approval notice must be submitted
with your I-485 Adjustment of Status application.back
A...(newsgroup)..All you have
to do is get thru to your Service Center and correct the spelling over the
phone. It will be no problem.
back
A..If you do not want to spend the time getting the
four-page form, then make two extra copies, fill them out and sign them as well.
A newsgroup posting indicates this is an acceptable solution.
The sheets
normally are marked at the bottom, thusly:
back
A..You can write "none" in both those spaces. At
this early stage, the fiance(e) doesn't have an alien registration number. The
file number (which will be the "A" number) is assigned when the petition is
approved (see question 3.7). Just put your names in the "last box with the heavy
border". The "applicant" on the form the US Citizen fills out is the US Citizen.
The "applicant" on the form the fiance(e) fills out is the Fiance(e).
back
A..(newsgroup)..According to the INS, "Both petitioner
and beneficiary must be legally able and willing to conclude a valid marriage in
the United States." I would presume that if one can conclude a valid marriage at
age 18, then 18 would be acceptable.
A..(newsgroup)..For those under age 21,
but over age 18 in some places, this requires a letter of consent from both sets
of parents. The signatures on these letters of consent should be duly notarized,
certified copies made, and one set submitted with the I-129F application.
back
A..(newsgroup)..Petitions from Mexico and
Canada go through the same processes as other countries. You must file the same
forms and affidavits and will be subject to the same responsibilities.
back
A..You do not "need" a lawyer. If you can read and understand
the forms, you and your fiance(e) can do it yourselves. You can also refer
questions to the newsgroup. However, if you feel uncomfortable, unsure, or you
just don't have the time to do the job yourselves, hiring an attorney
experienced in fiance(e) visa procedures is certainly an option, and may help to
reduce your worry and stress. Your attorney should be a member of the American
Immigration Lawyers Association.
A...(newsgroup)..IF your case is
uncomplicated (fiance has no significant criminal record that might disqualify
or other problem factors), you can do this yourself easily. All it takes is
willingness to deal with the paperwork and attention to detail. The risk you
have in using an attorney is that he/she won't know the particular information
you get in this newsgroup, by the way, which can be the most valuable part of
the information that is needed.
back
A.. In reading postings from the newsgroup, rarely. The I-129F petition is
processed by the INS in the United States. This first stage is usually
trouble-free, tho some petitioners worry too much and get nervous. They do
sometimes get rejected when the fiance(e) is from certain areas of the world,
such as the Philippines or Hong Kong.
back
A..As long as you do not go beyond your visa expiration date and leave
in plenty of time to do your part of the application then it should be ok. Many
couples file the I-129F while the fiance(e) is in the US. However, the visa
application itself is accomplished in the fiance(e)s home country, so the
fiance(e) must return home to complete the visa application process and the
interview at the US Consulate.
back
A...(newsgroup)..You, me and about, ohhhhh, probably 80% of the people using
this newsgroup (met on the net). INS doesnt care that you met online initially.
Just that you HAVE met face to face.
back
Section 4.0...THE K1/K2 VISA APPLICATION PROCESS completed by the
Fiance(e)
A..This can take awhile...some
INS offices send the info out to the Consulates via "diplomatic pouch" (very
slow), while some do it in other modern ways. The process can take a month,
depending on the INS office and the location of the foreign US Consulate. The
foreign Consulate then forwards the paperwork to the fiance(e).
back
A...(newsgroup)..One way to get the information from the U.S. Service center
to the foreign consulate is to have it cabled. To do this, write "Please cable"
on the I-129F form next to line 20. This may or may not work, but it is worth
asking for.
A...(newsgroup)..The Vermont Service Center cables approval
notices automatically to the US Consulate in the foreign country without needing
the I-824 to be submitted. (This was posted May 98)
A...A few Consulates
will open a provisional file for the fiance(e) if you fax them a copy of the
I-797 Notice of Approval. This means they will send out paperwork to the
fiance(e). They normally will not schedule an interview without receiving the
approval from the US Service Center. Contact the Consulate and ask.
FAQ
note...The old advice to use the I-824 as a "cable request" is no longer
recommended due to steep fee increases for use of the I-824 form. But if you
decide to use the I-824, send it with the I-129F petition. Also, if you decide
to send your original I-797 Approval Notice around the world in order to save a
few weeks, you do it at your own risk. It is nearly certain you will be asked to
produce the original I-797 Approval Notice sometime during the Adjustment of
Status process. Since children are not listed on the I-797 Approval Notice as
beneficiaries, the Consulate will not schedule an interview if there is a K2
visa involved until the approval package from INS is received by the Consulate.
back
A...Exactly what gets sent will vary depending on the
Consulate, but the first packet to arrive will most likely contain the
following:
Sometimes, the Consulate may forget to send extra
copies of these application forms for the children for whom a K2 visa is
intended. If so, contact the Consulate to obtain the forms.
back
A..The process is not exactly the same for all countries, but
works generally like this:
Some
Consulates (Vancouver and ?) require the submission of a simple form called
the "Sponsors Financial Responsibility under the Social Security Act", signed
by the US Citizen. This form is apparently not available for download
anywhere, but there is a GIF file available at soc_sec1.htm
This form
may also be available on a few personal websites, so ask the group.
This info will be sent
out anywhere from 2 to 4 weeks prior to the interview. Waiting for the
interview date is usually the most "stressful" time for the fiance(e).
back
A..You don't have to
wait for the packet to arrive to begin gathering the birth certificate, divorce
or death decrees, photographs, military records, and medical information from
your doctor about which immunizations you have had. You might not be able to
request the police clearance without the actual checklist from the Consulate as
"proof" that you need it. You can download the various forms and use them for
"practice". Refer questions to the newsgroup, as there is a LOT of specific
information that can save you weeks of time, depending on what country you are
filing from. The fiance(e) also needs a passport, valid for at least 6
months from the time the visa is issued.
back
A..(newsgroup)..On the OF-169 form the K-1 fiance/e
receives it states that English or the native language where the consulate is
located is acceptable. There is a caveat which states *all* documents in
Japanese must be translated. If the Consulate *must* have english translations,
it will be stated on the OF-169 checklist.
back
A...In the
past, this seemed to vary per Consulate, with some using the ADIT type and some
requiring "passport" type (full frontal, color or black and white). However, it
has been noted the Consular Foreign Affairs Manual has been revised as of March
1999 to require the full frontal photo, altho mentioning "The consular officer
may use a previously submitted photograph, if he is satisfied that it bears a
reasonable likeness to the applicant".
Your checklist will describe the
required photo.
back
A...The actual list of vaccinations given to the fiance(e) is rather long,
and US government agencies publish these lists (look in the references section),
however, depending on your age and previous history, you may only need a few of
them, perhaps none at all.
A...(newsgroup)...When you go for your medical
exam, the doctor there can help you determine what vaccinations (if any) you
will require. You can opt to have them there, (at additional cost) or you can
get them at a later date from your own doctor or clinic. You will have to have
them by the time your adjustment of status is complete so you can even get them
in the US if that is more convenient for you.
back
A...You need everything from the checklist, of course, but you also need
originals of everything that was originally submitted as a copy, even with the
I-129F petition (except the US Citizens passport and the original I-797 approval
notice). Original birth certificates, divorce or death decrees, and originals of
any documents to support the I-134 fall into this category. The Consulate has
the right to ask for the original of any document, so best be prepared.
back
A..This will vary according to the individual consulate. For example:
back
A...Generally, yes. The Consulate sets the requirements. Some
do not require the child to attend if they are under 14, and some will require
the child to attend even if they are not going to move to the United States with
the parent, but will "follow to join" later.
back
A..(newsgroup)..I included my Ukrainian fiance's 18
year son on the 129 form. My fiancee went for her interview alone on Jan 27th,
1998. She immediately came to the US and we were married on Feb 21st. I called
the US Embassy in Warsaw in July and explained that my Stepson was ready for his
interview. He had 1 year to come the US on the k-2 visa. They set an appointment
for him in 30 days. They mailed him the same forms as they did for my wife. He
had to get the same documentation as my wife had to for her interview. As soon
as he arrived in the US we applied for his change of status and work card.
(FAQ note: the son moved to the US in Sept 98, and even had the visa
interview delayed a month due to problems obtaining an international passport.
He was not even required to have a new I-134 affidavit, altho his stepdad sent
one to him.)
back
A...In general, a separate passport is not required if the
child is under 16. If the Consulate requires the child to have a passport, it
will be listed on the OF-169 (or UK85). Many countries will permit young
children to be listed on a parents passport, but at least consider getting a
passport for your young child. You can avoid any problems dealing with INS upon
entry, the young person can travel independently (if required), and the passport
provides an identification document if you are ever separated for some reason.
Besides, it will make a cool addition to the scrapbook collection when the child
is an adult.
back
A..(newsgroup).. Someone had asked me about the contents of the envelope
from the consulate. It contained all the original I-129F documents, the K-1
forms which I completed for the consulate, our photos, birth and divorce
certificates, my medical report, and the affidavit of support.
back
A..(newsgroup)..I wrote to the Embassy in
London and I was given this reply: "If you wish to make a temporary visit to the
US while your application for a Fiance(e) visa is being processed, you will
require a visitor's visa (B-1/B-2) or, if you meet the conditions, travel
visa-free. However, all travelers to the US are subject to inspection at the
port of entry by an immigration officer who has the right to deny admissions. As
the beneficiary of an approved Fiance(e) visa (petition) you may have difficulty
convincing the officer that you are not an intending immigrant."
This question does not have
a good answer. Refer questions regarding experiences to the newsgroup.
back
A..(newsgroup)..It has to be a full Certificate (long form),
ie showing parents names etc...not the short form one. A Certfied Copy (ie on
official paper, would be considered an original).
A..(newsgroup).. it is
very easy to get copies of the BC in the UK.. just call the records officer
controlling the district where you was born. I searched for the number on the
net, called and got the address and cost (£6 pound each). Send a letter with a
cheque and 4 days later got 4 original copies.
back
A..(email)..INS will accept a full adoption certificate.
Showing adopting parents names and the same information shown on a birth
certificate. The address of where to get these can be obtained from the local
Registrar of Births Marriages and Deaths (in England)
back
A..In reading posts from the newsgroup, not often. The K1/K2 visa
application process is handled by the US State Department thru the US
Consulates. INS is not involved at this stage. It is assumed the fiance(e) meets
the requirements for medical test, police records, etc. The newsgroup has
experienced denials based on failure to disclose a prior minor criminal offense,
and failure to disclose a visa overstay during a previous visit to the US. It
wasn't the necessarily the minor crime or the overstay that caused the denial,
but in both cases, the applicants did not admit to them.
If you have some
sort of past problem, you will have a better chance at getting the K1 visa if
you are honest and forthright. In early 1999, a UK man received a K1 despite
past minor criminal problems, and he attributed his success to his total
honesty. Depending on the particular reason for denial, a waiver may be
available.
back
A...(newsgroup)..This subject has been
discussed in the newsgroup at great length. The plane ticket is irrelevent! Go
for what ever fits your budget. (Note: this means it is not required to have a
round trip ticket when entering on a K1 visa)
back
A..(email)...No. The alien must NOT be married when s/he enters the
US on a K-1 visa. Also, if using the K-1, the couple must marry in the US within
90 days of the alien entering on the K-1.
(FAQ Note: Some couples arrange to
have a nonlegal ceremony prior to the fiance(e) leaving their home
country, in order to satisfy the wishes of family, or to have a celebration if
the family is unable to travel to the US for a wedding.
back
A...The government
distinguishes between legal and nonlegal marriages. If the marriage is legal in
the country in which it is performed, the US will consider it a legal marriage.
It doesn't matter if it is a civil or religious marriage.
back
Section 5.0...ENTERING THE UNITED STATES
A.. You are
entering on a visa. You will need to fill out the "white" form. This will have
the I-94 attached. This should be filled out at the departing airport or on the
plane. Don't wait until you arrive in the US to fill it out or it may delay you.
back
A..You
will queue up with all the others going thru Immigration. You might be directed
to a waiting area until the other passengers are gone. Your sealed envelope will
be opened, your passport will be stamped, you will have the I-94 form put in it,
you may or may not get your 90 day work authorization or EAD Employment
Authorization Document. In early 2001, it was becoming increasingly uncommon to
obtain any work authorization at a POE. The officer may ask a few questions, and
may say "Welcome to the United States". It doesn't take long. You leave the
Immigration area, and then proceed thru Customs.
Altho your actual
processing may not take long, if you must make a connecting flight then you
better allow penty of time, maybe as long as 3 or 4 hours at a major airport
where the queues may be long, and the distance between terminals even longer.
back
A..(newsgroup)..It is sent to the INS district office closest to
where you will reside, which will be the office handling your case once in the
USA.
(NOTE: the envelope may "transit" thru one of the Service Centers, but
it will end up at your local office)
back
A..(generalized statement)..In principle, right away. It is
currently unclear if a K1 can legally obtain employment without an EAD during
the validity of the K1. One newsgrouper (Aug 2001) reported working without an
EAD in this fashion, however, an inquiry to a local office (San Antonio)
produced the answer that an EAD is still required. This particular office
advises to visit them immediately after entry to the US to obtain a free 90 day
EAD. Several local offices will do this. Just walk in there or call them on the
phone and tell them you didn't get an EAD at the POE. The newsgroup has reported
many successes by determined K1-ers who have done this. In order to be employed,
it is also required to have a Social Security Number. A K2 still requires a
specific work authorization from the INS to obtain a Social Security number. Any
"90 day" employment authorization lasts only as long as the valid K1/K2 status
(90 days from entry as noted on the I-94).
FAQ Note #1: If you
receive an EAD (I-688B) card at the POE, check it to make sure it has the
following info on it: your full name, your alien number, your signature, your
picture, your fingerprint, the EAD issue date, the EAD expiration date and your
date of birth.
back
A..If your intent is to put your fiance(e)
to work as soon as possible, then get married immediately. Apply for "Adjustment
of Status" (I-485) with an application for work authorization (I-765). If you
are lucky, you can go in person to a local INS office with these applications
and perhaps get an EAD immediately (the EAD will be good for one year). If you
are required to submit the applications by mail, the EAD application will be
processed in 30-90 days. The fiance(e) will be notified to appear in person to
be photographed, and the EAD will be issued there.
The "official I-765
procedure" for obtaining a 90 day EAD based on a K1 involves sending the
application to your INS Service Center, with photos and a fingerprint card. This
option may actually get you a temporary EAD, but it will expire when your K1
expires. The processing times at the Service Centers make this option almost
worthless.
back
A..No.
back
A..(newsgroup)..She
can bring her car across the border as long as she can provide proof that it
meets US emissions and safety standards for its model year. Contact the
company's head office in Canada for a letter to that effect. Every border post
will give your fiancee the I-94 form to complete and they will attach part of it
to her passport. They might also be able to furnish her with her Employment
Authorization card, although I'm not 100% sure. They should certainly provide
her with the I-765 form to complete which is the application for employment
authorization.
(FAQ Note: see the link in the references section for info on
bringing a car from Canada)
back
A..Upon entry, a K1 should be able to obtain a SSN upon presentation of a
valid I-94. A memo (File no. EM-00154 dated November 1, 2000) issued by the
Social Security Administration, states the unexpired I-94 is valid proof of
employment for the purpose of obtaining a Social Security Number. Go in person
to any local Social Security Administration office with your pasport and I-94.
Fill out the form SS-5. There is no fee, and the cards are mailed within 2
weeks. It will be marked "valid for work only with INS authorization". A K2 can
only get a SSN if they have an EAD.
back
A..You can apply for an
Individual Taxpayer Identification Number (ITIN) from the Internal
Revenue Service using IRS form W-7. "Any individual who is not eligible to
obtain an SSN and whose taxpayer identification number is required to be
furnished to the IRS must apply for an ITIN on form W-7" (information taken from
the instructions to form W-7). You can apply in person or by mail. You may use
either the original or certified copy of passport, drivers license, birth
certificate, identity card, or US Immigration documents when applying. Like the
SSN, the ITIN is a 9-digit number.
back
A..If
the goods are really just household stuff (and more than a year old), there will
be no tax or duty. If you show up with a lot of brand new stuff still in the
original boxes and call it "household goods" you probably will pay some tax or
duty. Your shipping company can answer questions regarding specific shipments
and items. The shipping company will be familiar with the procedures and
forms required to bring household good into the US.
A..(newsgroup)..Your
shipped goods won't pass Customs in the United States prior to your entry as a
K1. If you shipped your belongings prior to moving, then after entry, you will
send or fax copies of your passport, visa, 1-94 and the "date of entry" stamp
you received at the POE to the shipping company.
..(newsgroup)..When I made
a list of my belongings from Canada to US at the Fort Erie/Buffalo crossing, I
called the border official and asked about this. They told me that items such as
linens, dishes, clothing don't have to be itemized, but just say 2 boxes
clothes, 1 box dishes, 1 bed etc. What they want itemized with serial #'s are
electronics and items of significant monetary value.
back
A..(email)..If you wish to include firearms in
with your personal possessions, you must have an ATF permit (Form 6-Part 1,
5330.3A) approved in advance. This includes shotguns and hunting rifles (even
those manufactured in the US). Application forms are available through The
Bureau of Alcohol, Tobacco and Firearms (Washington, DC, 20226, attn. Firearms
and Explosives Branch) allowing 30-60 days for approval. The firearms will be
inspected at the Port of Entry.
(FAQ Note...Some types of firearms cannot be
imported into the United States, and individual states and cities have laws
regarding firearm possession, so it is worthwhile to research this subject in
advance. Most unmodified shotguns and hunting rifles will not be a problem.)
back
A..Folks from the UK will complain about the beer, the Swedes will
complain about the coffee, and the grocery stores have only tiny areas devoted
to various ethnic groups. There may be some "culture shock" involved in
transplanting yourself to a completely new life in the space of 24 hours. But
you and your spouse will be a "team". Hang in there.
back
A....Men aged 18-26 residing in the U.S.
must register for Selective Service (after adjustment of status). This applies
to the younger K1 and K2 men. The Selective Service System is the military draft
system. You can pick up the Selective Service Registration Form at any U.S. Post
Office and send it in the mail.
back
A...Maybe not a
wise thing to do. Even tho these islands are US territories or possessions, you
may have to deal with Immigration and Customs to get back to the United States.
You might have trouble getting back home if you encounter an insane INS
inspector, plus, there are too many opportunities to "technically" leave US
jurisdiction (by visiting the adjacent islands, for example). Best to take the
honeymoon somewhere in the 50 States, where there is plenty to see and do.
The inspector I spoke to gave clear examples. (My alien fiancée) can enter
the US and we can fly directly from the mainland to the USVI. We can go wherever
we want on the islands so long as we don't "touch" ground or water not under US
jurisdiction. When we leave she shows her K-1 and I-94 to immigration (which
shows she legally entered the US) and off we fly directly to the mainland.
However, if while we are there (USVI) we decided to take a trip to the British
islands then she would be denied re-entry. I know I used "directly" in this
example but we could fly "outbound" mainland-PR-USVI and "inbound"
USVI-PR-mainland without fear because in this case she never "departs" the US.
Inspectors (both mainland and USVI) told me that this is not an unusual
occurrence. They see K-1'ers all the time.
A...There is a way for a K1 visa holder
to do this, but only if you are not married yet. After marriage, you must have
Advance Parole.
If you DRIVE into Canada or Mexico (not fly), and if you do
NOT surrender your I-94 (which is normally surrendered upon leaving the United
States), you can re-enter the United States before the expiry date on the I-94.
One newsgroup participant did that in early 1999, when he was required to take
his K2 kids back into Canada in order to comply with child visitation
requirements. He received conflicting answers from INS when researching the
issue. He left and re-entered the US at the same POE (Detroit, Windsor Tunnel),
and consulted with the INS folks there before doing it.
back
A...Hopefully
not. A K1 visa may be re-validated by the Consulate if the fiance is not yet
married. The re-validated visa will still expire the same date as the original,
and you must be married and file for Adjustment 90 days from the original first
entry. As part of this process, you will probably fill out another OF-156
non-immigrant visa application and pay another visa application fee.
back
Section 6.0....AFTER MARRIAGE - ADJUSTMENT OF STATUS
FAQ Note- Beginning in mid 1999, K1 folks who submitted the
AOS application packages IN PERSON at the Detroit and Dallas offices had
adjustment interviews the same day, and were given the I-551 stamp in the
passport. According to one newsgrouper, the INS adjudicator said it was being
done as a test for AOS based on being a K1. (This also meant those lucky folks
did not have to spend dollars on applications for work authorization and advance
parole)
back
A..Right away, or at least right after your
honeymoon. It might take a year or more for a Green Card to be issued for
"Conditional Permanent Residency". You should make every effort to get the
Adjustment application filed within 90 days of the fiance(e) entering the United
States. (Go back and read the Special Note at question 3.7)
Many INS
offices will allow you to file for Adjustment based on being a K1/K2 after the
90 day period is over, but this is not guaranteed.
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A..You will file an application for Adjustment of Status for the child as
well. Prepare the application the same way (as a separate pile of paper), but
mail them together. Also send a separate I-765 application for work
authorization if the child is old enough to seek employment. You will pay fees
for each application.
K2s must be adjusted to conditional permanent
status by age 21 or lose the benefit of having moved to the United States as a
dependent of the K1 spouse. If you are in this situation, try to file the
Adjustment applications in person, or include a cover sheet with a large note
"K2 turns 21 on (date)". The INS will expedite cases like these. Find a way to
contact the local INS in case the 21st birthday is approaching (say, within 3
months). If a K2 is not adjusted by age 21, they will be required to return to
the home country.
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As with
the fiance(e) visa package, the "best" way to get these forms is via the INS
toll free number (given in the references section) or by ordering on-line via
the INS site on the internet. You will receive helpful information about filing
at your particular local INS office if you obtain your forms this way. You
should also recieve the latest versions of the forms in case there has been a
recent update. Request the "I-485 package" or the "adjustment of status package"
And sending "copies" of documents is ok (go back and read question 3.2.1)
Because policies and procedures at INS vary from office to office, it is
worth the effort to contact your local office by phone, mail, or in person to
inform yourself of specific filing requirements prior to filing. Ask questions
such as:
By reading the newsgroup, you can get an idea of what things you need
to know.
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A..(newsgroup)...On the
adjustment of status forms, there is a box for the visa number. This is the red
number printed on the K-1, not the visa control number. I know this because the
interviewer went over the forms in front of us, and crossed out what I wrote in
there (the visa control number) and replaced it with the red number.(Note: this
is on the lower right side, under the "expiry date". It is not the long number
written along the bottom edge of the visa.)
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A...In most cases, no. The
results of your K1/K2 medical were in the "sealed envelope" that you brought
with you from your home country. The I-485 intructions mention that no
additional medical is required if filing for AOS within a year of the medical
required to obtain the K1/K2. And...according to a newsgroup posting...."Went up
to the local INS office in Omaha today and they told me that the letter saying
"Adjustment of Status / I130 Interview" is just a form letter they send out
whether you've applied under a I485 OR a I130.... They also told me that,
despite what the letter says, I do NOT need to get another medical done even
though its been more than 12 months since my K1 medical at the London Embassy."
FAQ Note: The current I-485 instructions now mention a "vaccination
supplement". You may have to make an appointment with an INS approved physician
in your area to obtain this paperwork and/or additional vaccinations. We will
await more newsgroup reports to see how this affects AOS processing. In any
case, your local INS office will inform you of specific requirements at some
point in your Adjustment process.
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A..(newsgroup)...Make sure to ask the
priest/rabbi/judge who marries you to let *you* take the marriage certificate to
the recorder's office yourself (You have to do this within 4 days of the
marriage). Then, you can get certified copies right then and there while you
wait. Otherwise the priest/rabbi/judge *mails* it to the recorder's office,
where it sits for weeks without being opened and recorded, which is why it can
take up to two months to get a certified copy of the marriage certificate.
(FAQ Note: This is a great idea, but not all folks will be able to do this.
As one emailer wrote "A quick note on an experience we had here in Los Angeles.
We were married at the Office of the Registrar-Recorder/County Clerk by a court
commissioner. The ceremony was great, but afterwards I discovered that they are
unable to issue the marriage certificate then and there. It takes at least a few
weeks for the certificate to be generated, copies generated, and then sent out
to those married."
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A..This depends on where you are. In a few
locations, you may still be able to take these applications to a local office in
person, and maybe even be processed for the EAD while you are there. However,
you probably will have to submit by mail, to a local or district INS office.
Send it "return receipt". Many district and local offices will not send you
any kind of "official" receipt notification. It is much more common to get a
form letter and a "cash register" receipt for the fees you have paid, and this
could be up to 10 weeks after you send in the package. DON'T LOSE THESE
RECEIPTS. In fact, the cash register receipt may well have your name printed
on it. It is your proof that your I-485 has been filed.
It is worth the
effort to try and file these forms in person, even if your local INS office has
a mail-only policy. It can make a great difference in processing times for
EAD and advance parole documents. And as mentioned previously, it is worthwhile
to contact your local INS office prior to filing in order to learn about
specific requirements.
FAQ Note: In early 2000, reports were coming into the
newsgroup that folks who would file for AOS thru the Baltimore offiice were
being required to submit the AOS package to the Vermont Service Center, as part
of a test program.
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A..(newsgroup)..NEVER, EVER GO TO AN INS
OFFICE ON OCTOBER 1st!!!!! Why? It's the first day of the new fiscal year and
all those folks who've won in the various visa lotteries are there!
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A..Fingerprints are still required for nearly every K1/K2, but
there seems to be no way to tell in advance who will *not* require them. The
INS will notify you when and where to go for the fingerprinting procedure.
The "old system" suffered from poor quality control, and many fingerprint sets
were being rejected by the FBI on the basis of technical errors. There is a
fingerprinting fee which must be submitted with the I-485 application. You may
wait months for the notification.
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A..Standard procedure. The US doesn't want people with seriously undesirable
backgrounds to become Permanent Residents.
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A..This legally enforceable affidavit is a result of
immigration reform legislation. Now that the foreign national spouse has
indicated an intention to remain here permanently, the US wants to make sure the
new immigrant does not become a burden on society. The financial responsibility
for this guarantee lies on those who sign the I-864 affidavit, and lasts until
the sponsored immigrant becomes a naturalized US citizen or can be credited for
40 quarters of work. Whoever signs the affidavit must also inform the INS when
they move, using form I-865, Sponsors Change of Address, after the immigrant
gets approval of Adjustment of Status.
If you do not meet the guidelines for
income level (125% of poverty level...see the Poverty Level link in the
references section) you will need a joint sponsor who does meet the guidelines.
The US Citizen spouse must submit an I-864, and the joint sponsor will also
submit an I-864. If the joint sponsor is a member of your household, they will
submit an I-864a "Contract Between Sponsor and Household Member". Any joint
sponsors must be domiciled in the United States, territories or possessions, and
must be a Citizen or Permanent Resident.
It is worth nothing that some local
INS offices will accept an incomplete affidavit of support with the initial AOS
package, but will require the completed affidavit at the AOS interview. The only
way to know is to contact the local office and ask.
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A...The spouse cannot re-enter the US unless they have "advance parole"
authorization (application form I-131). Advance parole allows you to re-enter
the US before approval of Adjustment of Status. Without advance parole
approval, leaving the United States is considered an abandonment of your
application for Adjustment of Status. Without advance parole approval, the INS
will consider you an intending immigrant without a valid visa, and you will be
denied entry. If you do not apply for advance parole when you file for
Adjustment of Status, contact your local INS office to find out how long it
takes them to issue Advance Parole. Altho advance parole is supposed to be
issued to anyone who wants it for any reason at all, some local INS offices may
take weeks or months, and may require proof of a serious emergency.
If you
have left the US without advance parole approval, you will most likely have to
apply for a "spousal visa" (I-130 Petition for Alien Relative) to re-enter the
US. This can take months. Any other legal remedies thru US Consulates will be
time-consuming as well.
Not all local INS offices will accept the I-131
advance parole application with an adjustment of status package, as some will
require that you have proof of filing the I-485 when you send in the I-131.
Also, a local INS office may require that you apply for advance parole "in
person" (Chicago, for example). Ask your local INS or the newsgroup regarding
specific advance parole filing requirements and supporting documents
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A...(newsgroup)...When your spouse leaves the USA,
she should have all three copies (of the advance parole document) and her
passport. The first time your spouse re-enters the USA, the POE will forward one
of the copies of your letter to the office or service center you applied for AP
from. You should receive the copies labelled TO TRANSPORTATION LINE and TO ALIEN
back. If you enter the U.S. on some carriers, it's possible that the
"transportation line" copy may be lifted from you. (FAQ Note: another poster
mentioned on Aug 17, 2000 after returning from the UK "The airline (US Airways)
didn't want the "To transportation line" and the INS guy left it too so I now
have the top copy with the photo and a "To transportation line" should anyone
want it in future.")
The INS at the POE should also place a stamp in her
passport like this:
PAROLED until:
Purpose:
Port: Date: Officer:
They may
also place an identical stamp on your I-94 (which is normally stapled to your
passport).
Once you've been through the initial entry and assuming your AP
document permits "multiple entries", you need only show the passport stamp and
letter each time you re-enter the U.S..
(FAQ Note: The advance parole
documents are issued on Form I-512, a U.S. Department of Justice, Immigration
and Naturalization Service form. Not all advance parole documents are prepared
exactly the same, some are two pages, not three. POE procedures will vary when
using the AP. Don't worry. Like the newsgrouper who gave this FAQ answer noted,
"Relax about the form...let them worry about it. If they hassle you, remind them
that you were trusting the INS office that issued it to get it right...politely,
of course."
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A..Most EAD applications are processed between 30 and 90 days after
the INS gets the application. You will get an official "appear for an interview"
letter from the INS. Bring that letter and show up on time and you will
get the EAD. It isn't really an interview, but you must go in person. They will
take your photo and a fingerprint, and give you the EAD, which is a small
laminated card. The EAD is good for a year. If it looks like you are going to
have to wait more than a year for the Adjustment of Status interview, then apply
for a new EAD "well in advance" (say, 3 months) of the expiration date. You
cannot legally work without it.
(FAQ Note: If your employer wants to get
involved, you can ask them to write a letter saying it would hurt their business
if they had to lay you off, or not hire you, due to your not having work
authorization. You can attach this to a letter addressed to the District
Director requesting expedited processing. The newsgroup has reported at least
two successes with this.)
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6.10.1)...(newsgroup)..Correct me if I'm wrong (as I
haven't gotten married yet), but don't you have to officially "change" your name
at the Social Security office?
A..(newsgroup)..Yes, if you are taking a
different name when you get married you will have to change your name at the
social security office. Make sure you take a copy of your marriage license so
they can see why you are changing you name. When I changed my name they asked
for a copy of the marriage certificate as proof. (FAQ Note: You may be asked to
show the original marriage certificate)
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A..Begin building your new life in
the United States. Your EAD, Social Security number and passport (until you get
a drivers license for identification) give you the means to get nearly anything
you want, except a cup of coffee and the right to vote. Get to really know your
new wife or husband. Get a job. Set up a joint checking account. Go exploring.
Get a library card. Meet the relatives. Make new friends. Start up a new
business. Try to shake off old ways of thinking about "how things are done",
because things are going to be different.
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A..First, the foreign spouse should notify the INS office
(where the case is being handled) of the address change, using form AR-11 or by
sending them a certified letter with the information, including your "A" number.
Second, the US spouse (who is the sponsor for the I-864 affidavit) notifies
INS of a "sponsors change of address" using form I-865 (or a certified letter)
sent to the Service Center in which district you will be residing. (FAQ Note:
The I-865 address change is not actually required prior to the Adjustment of
Status being approved, as the I-864 is not enforceable until then.)
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A..(newsgroup)..Wow!! On Friday 7/10
We received our adjustment of status interview notice in the Mail from the
Albany, NY INS office. One month after filing the I-485. The Appointment is for
October 27th at 10Am. A list of things to be brought was included.
Sheesh, Guess a handshake and a mans
good word ain't enough anymore!!!! On to collecting paper.
Comment about Interview Notices: You may be scheduled for an
interview date on the day you file, if you file in person. This date may be well
into the future. Don't lose track of the date, as you probably will not receive
a follow up notice.
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A..(newsgroup)..Our AoS interview was very chatty and
astoundingly mundane (where do you both work; how did you meet; did you marry
within 90 days of K-1 entry). Married couples will have no difficulty with the
interview.
A..(newsgroup)..All we had to do was show a few documents -
bills, tax returns, apartment lease, that showed we were living together as a
married couple. We can't remember what the other questions were, but they were
pretty trivial. It was a breeze.
A..(newsgroup)..For the Adjustment of
Status (I-485) Interview, you must prove that you are a viable married couple
that is living together as husband and wife at a common address. Letters from
friends who know this are useful...as of May 1998, the INS still considers those
letters to be useful evidence.
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A..After
the interview, your passport will be stamped with the I-551 Alien Registration
Receipt stamp. (Congratulations. You are now a Conditional Permanent Resident).
You will also have a fingerprint taken for the green card. The photos you
submitted with the I-485 will be used for your green card picture. The actual
laminated card will follow in the mail, and may take a few months.
However,
if you have been married more than two years when you have your Adjustment
interview, you may well become a permanent resident with no conditions. As of
early 2000, this was beginning to happen in some cases, due to the long wait at
a few local offices.
As a Conditional Permanent Resident, you do not need
advance parole to reenter the US after traveling abroad. The I-551 stamp is also
proof of authorization to work.
By law, you need to carry your passport with
the I-551 stamp with you at all times as proof of your status. When your
greencard arrives, you can put away the passport, but you need to carry your
green card in your purse or wallet. However, as one newsgrouper posted in Jan
2001, "My alien spouse asked whether there is any substitute for the real I-551
document that one could carry in a purse and afford losing it in a mall. The
Bloomington ( MN) INS person said that one could use a form FC-029 used for
submitting copies of documents to the INS instead of the originals and carry
stapled with it photocopies of the front and back of the I-551 or the relevant
passport pages."
FAQ Note: During early 1999, a number of
newsgroupers began reporting they did NOT get the I-551 stamp in the passport
after a succesful interview, because the CIA had not yet completed the
background checks, apparently being severely backlogged. The delay in "final
approval" was expected to be up to 6 months or so. As of November 24, 1999, new
rules were in place which allowed applicants to be adjusted without the results
of the CIA check, and letters were being sent to newsgroupers to come into their
INS office to get the I-551 stamp. However, during 2001, reports were once again
made that the CIA check was delaying final approval.
Final approval may also
be delayed after the AOS interview for other reasons. If your fingerprint check
is done the same day as the interview, or if you are required to submit a
missing document, or vaccination supplement, there can be a delay. Some
newsgroupers report that they subsequently receive a letter from the local
office informing them the AOS has been approved, and that they may visit the
local office to obtain the I-551 stamp in the passport, or that the letter
itself is proof of approval.
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A..Sure, but if you need to be out of the United States for
over 12 months, you must file form I-131 and obtain a "re-entry permit". As a
*brand new* permanent resident, you should consider getting a re-entry permit if
you expect to be out of the United States for 6 months or longer.
This
complicated question does not have a perfect answer. Extended absence from the
United States does not count towards the time required to become a naturalized
citizen. The United States expects those who have been granted permanent
resident status to actually be "residents".
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A..(newsgroup)..She is official under a "period of stay authorized
by the Attorney General". (FAQ Note: This is due to being an Adjustment
Applicant who is awaiting a decision regarding an adjustment of status
application)
A..If you have a Social Security Card with "valid only with INS
authorization" on it, then go to the Social Security office after AOS with your
passport or green card and get a new Social Security card that does not have the
restriction. You will still have the same Social Security Number. Do this as
soon as practical. It is in your best interest to inform the Social Security
Administration of your immigration status after Adjustment of Status.
back
A..The
Internal Revenue Service has several publications you can download or obtain
from a local IRS office.
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A..In this case, you can no longer file for
Adjustment of Status based on being a K1.You will have to submit an I-130
relative petition along with the I-485 and all the other paperwork to the local
INS office. You may have to have another medical exam, and you will need to be
prepared to answer questions about why you did not get married within 90 days.
In effect, you will have become an out-of-status alien who is adjusting status
based on marriage to a US Citizen.
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A..(newsgroup)...File a Form
I-90. Note that the error was the INS's problem. You should be able to file this
in person at your local/district INS office. They will not charge you the I-90
fee.
My wife's GC came through with our married name as her middle initial
and her maiden name as her last name. This in spite of all records showing
things properly with her maiden name as middle initial and our married name as
her last name.
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Section 7.0...LIFTING OF CONDITIONAL STATUS
Introductory Note: As mentioned previously, if you have been married
more than 2 years when your Adjustment application is approved (I-551 stamp in
the passport), you probably will become a permanent resident with no conditional
period. If so, the information in this section will not apply to you.
A..A two year Conditional Residency is granted to those who apply for
Adjustment of Status based on marriage to a US Citizen. This two year period
helps to deter visa fraud and marriages of convenience. During the "conditional"
period, you still have all the rights of a Permanent Resident. Your status as a
permanent resident expires at the end of this two year period unless you file
for lifting of the conditional status.
back
A..You become a permanent resident (conditional status
removed) after approval of the I-751 "Petition to Remove the Conditions on
Residence".
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A..When your passport is stamped with the I-551 at the
adjustment of status interview, the stamp has the AOS approval date written on
it. Your 2 year conditional period begins with that date.
Ninety (90) days
prior to the end of the conditional period, you and your US Citizen spouse will
apply together for a removal of the "conditional" status by filing form I-751
together as a married couple.
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A..If your K2 achieved permanent resident status at the same time
as the K1, or within 90 days afterwards, then include them on the joint
petition. If the K2 achieved permanent resident status more than 90 days after
the K1, or if the parents are NOT filing a joint petition (due to termination of
the marriage), the K2 will file their own I-751.
back
A..You will send the application package to the INS Service Center in which
district you are currently residing.
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A..You need to file the I-751 petition at
the earliest possible opportunity, because when your two-year green card expires
you no longer have status as a permanent resident, you are not authorized to
work, and technically, you are deportable. You must allow yourself and the INS
the maximum amount of time to get the petition approved.
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A..It is not required to have another interview. If
the INS is overwhelmed with evidence that your marriage is based on an honest
relationship entered in good faith, and you are still married with all sorts of
everyday evidence of your married relationship there will be no interview. This
should not be a problem for any K1 couple because collecting evidence is
something you are somewhat used to by now.
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A..The list is endless, and you can send whatever evidence
you want to overwhelm the INS in support of your petition. You are free to send
in a ton of evidence.
You should include a cover letter
listing all the evidence so that the inspecting officer can quickly see what is
in the package. This will help INS to determine if all the evidence which they
require has been included without having to wade through many pages.
INS may
ask for additional evidence after the petition has been filed, or they may
schedule an interview for you some weeks or months into the future. Since your
goal is to avoid an interview, gather as much information as you can and send it
in. It is not required, for example, that both of you need to be listed on a
mortgage statement or a car loan. There are probably a multitude of small things
you can show instead.
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A..(newsgroup)..I did the I-751 in 1997, and it was
approved without an interview. I asked the INS the very same question. I did
exactly what they told me to do for the affidavits. - Choose 2 friends who know you well *as a married couple*
- Have EACH friend write a letter
- Letter format:
- Must include the person's name, date of birth, SSN, address, and phone.
- Must be dated.
- Must state how the person came to know you [and list each of you by name).
- When and for how long they have known you.
- Must state that they have seen you a certain amount of time ['frequently'
works] since you have been married and that you appear to be a married
couple.
- Must be signed, but does not have to be notarized.
The above poster then described the format used for her
letters: David Smith
Address
City, State zip
(telephone number)
Date
To whom It may concern:
I am writing this letter to support the I-751 petition by Jane and
John Doe. I have known Jane and John since (date), when we met while
John and I were co-workers. I served as best man at their wedding.
Since their marriage, I have seen Jane and John together as a couple
many times and in a variety of situations, both at my house and
theirs, as well as in public. They appear to be a legitimately
married couple.
The most recent time that I saw them as a couple was at Jane's
surprise birthday party hosted by John.
If you have any questions, I may be reached at the phone number or the
address above.
sincerely,
David Smith
(social security number)
(date of birth)
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A..(newsgroup)..There is no new check but you do have to answer questions
about your criminal history since becoming a permanent resident (and obviously,
if you lie, this is grounds for deportation either now or at a later date). If
you later apply for naturalization there will be a further FBI check.
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A..When the INS accepts your petition, they will
send a filing receipt. Nigel reported (Feb 2000) this receipt was an I-797C
Notice of Action which stated "Your alien card is extended one year - employment
and travel authorized." Keep the receipt with your green card.
If a K2 is
also listed on the petition, they will receive their own "duplicate notice"
(which is a letter, not an actual I-797C) from INS which will state they
have been included on the petition as a dependent, and that they also have work
and travel authorization, and that the letter serves as proof.
(...begin quote...)
File Number:
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A..Yes.
Your approval letter will have the address of your local office listed at the
bottom. You won't need a scheduled appointment, but you will take your Approval
Notice letter, your conditional greencard and your passport and go to the local
office for two reasons.
back
For this you
will bring 2 photos similar to the photos on your conditional greencard. You
will have a fingerprint taken as well. There will be no fee charged for this
processing. The local INS office will take your conditional greencard, so
unless you think of an inventive method of keeping it, you won't have it for
your scrapbook.
This
will be similar to the stamp you got when you were approved for Adjustment of
Status, and it will be good for one year. It continues your work
authorization. Unfortunately, it also means your passport is your only "proof
of status" until your new greencard arrives. If your new greencard should take
longer than one year to arrive, you will need to go back to the local office
and get another stamp (this is very unlikely to happen).
A..Altho your new permanent resident green card is good for 10 years,
your permanent resident status does NOT expire after 10 years. You should apply
for a replacement card, however, otherwise you won't have anything in your purse
or wallet to prove your status regarding work authorization or reentering the US
after travel abroad.
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A..The I-751 is normally filed
by a married couple, but if you have divorced, or your US Citizen spouse has
died, you may file the petition on your own. The I-751 form itself contains
provisions for a waiver of the requirement to file jointly with the US Citizen
spouse. You may file the I-751 immediately upon divorce or the death of your
spouse, and you will be required to provide evidence that you married in good
faith, rather than to just get a green card by marrying a US Citizen. You will
be required to submit a copy of the divorce decree or death certificate.
The
I-751 also makes provisions for a waiver for filing jointly with your spouse, if
you are still married, but "battered or subject to extreme mental cruelty". If
you are in this unfortunate situation, you need the help of an experienced
immigration attorney.
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Section 8.0...NATURALIZATION (UNITED STATES CITIZENSHIP)
A...As a spouse of a US Citizen, you can apply for citizenship 3 (three)
years after approval of your Adjustment of Status. Back at the AOS interview,
your passport was stamped with the I-551 stamp and a date. The 3 year countdown
begins with that date. This 3 year period does not include long absences from
the United States.
If you came to the United States on a K2 visa, you can
apply for citizenship 5 (five) years after approval of Adjustment of Status, as
only spouses of US Citizens are eligible to apply for Naturalization after 3
years.
(FAQ note: A bit more info on the "long absences" stuff will be
included when I can nail it down)
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A..You are not obliged to become a United States
Citizen.
Probably the most logical reason to become a Citizen is to release
your US Citizen spouse from the legal obligations of the I-864 affidavit. The
financial responsibility of the I-864 is a liability to the US Citizen spouse
which should be removed at the earliest opportunity.
As a United States
Citizen, you can vote, be a juror in the criminal process, apply for employment
in areas reserved for Citizens, and you cannot be deported. Retaining
citizenship in your home country may involve continuing responsibilities
regarding taxation or military service.
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Note...(newsgroup)...Go to your SSA
office ater your Naturalization and show them your Natz Certificate so that the
SSA computer system knows you are a citizen so that when other government
agencies try to confirm your citizenship status with the SSA they can actually
confirm it instead of saying you aren't one, thus resulting in your having to go
through additional time and trouble in order to prove it to a whole bunch of
different people/agencies.
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A..Some people will wait over a year for the
I-751 approval, so yes, even tho the I-751 has not yet been approved, you can
still apply for Naturalization. What happens is the I-751 is processed as part
of the Naturalization process, since the I-751 must be approved in order for you
to apply for Naturalization 3 years after AOS based on marriage to a US Citizen.
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A..(INS Naturalization Guide)..If INS
determines you are unable to use the words "so help me God" because of your
religious training or beliefs, you may omit those words.
A..(newsgroup)..When I filed my Natz application, I included a letter that
explained that I was agnostic and therefore could not, in good conscience, say
"so help me God", and that I was therefore requesting an affirmation instead of
an oath. When I went for my interview, the officer addressed this issue and said
that it was *not a problem*. He affirmed that I COULD take the oath as long as I
omitted the words "so help me God". He told me that when everyone else said
those 4 words, that I should simply NOT say them. On the Natz oath form that you
sign, he lined through those words.
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Back to Index
Section 9.0...The K3/K4 Process General Outline
The best government sources for information about the K3/K4 are
through the INS website, the
Federal Register publication of August 14, 2001, and a FAQ written
by the London Consulate.
Whereas the K1/K2 visa process is fairly
straightforward, the K3/K4 is not as simple. It is important for the US Citizen
to be informed and attentive to detail, because there are several opportunities
to make mistakes and omissions which could result in unpleasant surprises.
Immigrating to the United States via the K3/K4 is not such an automatic process
as is experienced by the K1/K2.
The K visa for spouses *may*
provide a major benefit for older stepchildren. Until now, a US Citizen
would file an I-130 for the foreign spouse, and separate I-130 petitions for
each child or step-child. Stepchildren would only be eligible if the marriage
took place before the stepchilds 18th birthday. The revised I-129F will
automatically include all children under 21, with no separate petition required,
removing a major disparity between current K1/K2 and spousal immigrant visa
processes. However, altho a separate I-130 petition is not required for the
children to obtain a K4 visa, an approved I-130 petition is required before they
may be approved for Adjustment of Status to permanent resident. The I-130
petition still states the U.S. Citizen petitioner may not file for a stepchild,
unless the marriage took place before the stepchilds 18th birthday. This detail
must be addressed, in order to prevent an older stepchild from moving here on a
K4 visa, yet being denied approval of the I-130 petition.
The
"basis" for Adjustment is the same as for current K1/K2 visa holders, who
cannot change status to anything except Permanent Resident based on marriage to
the original US petitioner. In other words, the spousal K visa holder will still
need to be married to the US Citizen spouse (who filed the I-129F) at the time
of the Adjustment interview.
Back to Index
Section 10.0...The I-130 Petition (for K3/K4)
A..Unfortunately, no. However, provisions
have been made for you if you and your family have been waiting for an immigrant
visa to become available for over 3 years. You would use the "V" visa process,
and you can find out about this from the INS website.
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A..Your package must contain the I-130 and the
appropriate documentation listed in the I-130 instructions. For question 21,
write down that your spouse will apply for a K3 visa and apply for Adjustment of
Status in the United States.
The documention required for the I-130 is
nearly the same for the I-129F petition, so you might as well prepare both
packages at one time, rather than experience surprise and aggravation several
weeks later, when you realize you need MORE copies of the exact same stuff. Here
is what you will need:
It would be
advisable to include a cover letter explaining that the I-130 petition is
being submitted with the intention of applying for a K3 visa.
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A..It is
not required to send an I-130 petition for the children when you first submit
the I-130 for your spouse. However, it is highly advisable to do so, in order to
avoid complications and delays during the Adjustment of Status process. The
children will not be able to complete the Adjustment of Status without an I-130
petition being approved.
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A..The completed I-130 package is sent to the INS
Service Center in which district the U.S. Citizen resides. Make a complete copy
of the entire petition package, even retaining extra original photos. Go to the
Post Office in person and send it "return receipt".
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A..The Citizen will receive an I-797
"Notice of Action" from the INS. This can be up to a couple weeks after you mail
it. The notice will say how long it usually takes to process the applications
and give you a "receipt number" by which you can obtain "case status
information" direct from the "automated system". The telephone number will be
provided on the form.
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Section 11.0...The I-129F Petition (for K3/K4)
Note: You can also
read Section 3.0, because Section 11.0 only concentrates on the "differences"
for the I-129F when filed for the K3/K4, as opposed to the K1/K2.
A..The INS knows that the I-129F is normally used for the
fiance(e) visa, however, rather than delaying implementation of the K3/K4
process by developing a new form, the INS decided to use the I-129F for the
K3/K4 until some date in the future when a new form is developed.
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Your package must contain the following....
A..Nearly all the same stuff you sent for the I-130...plus a copy of the
I-797 Notice of Action you received after filing the I-130. The things you
do not need to submit are involve evidence of termination of previous marriages
due to divorce or death, as mentioned in the instructions for the I-129F,
section 5.
You need to begin preparing an I-134 Affidavit of Support.
The I-134 Affidavit of Support will be filled out by the US Citizen and sent to
the spouse for the K3 interview. It is not required to be sent to the Service
Center with the I-129F. Some Consulates require extra information to be included
with the Affidavit, some may not even require the Affidavit itself, but still
require the supporting documentation, so you need to hang onto it until you have
learned whether or not there are additional requirements. These will be listed
on the OF-167 "financial support" document the spouse receives from the
Consulate.
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A..The INS states merely to omit section (B)(18) and (B)(19)
by entering N/A. Otherwise, wherever it says "fiance(e)" on the form, consider
it to mean "spouse".
On question 20, you must indicate that your spouse will
apply for the K3/K4 visa in the country in which you were married. If you were
married in the United States, this answer should indicate the country where your
spouse has residence. If the United States does not have a Consulate in the
country where the marriage took place or where the spouse has residence, the INS
will send the visa information to the Consulate that normally handles visa
applications for that country. If you wish to apply for the K3/K4 visa at a U.S.
Consulate other than in the country where you were married or where the spouse
has residence, you must contact the Consulate and ask them if they will process
the application for the K3/K4. There is no guarantee that the requested
Consulate will agree to your request. The requirement for processing in the
country of marriage or residence is written into the LIFE Act, and the processes
for gaining exception to the requirements of the law must evolve over time.
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A..All children under 21 should be listed on the I-129F petition,
whether or not they are going to move to the United States. Whether your
children actually require a K4 to move to the United States depends on certain
factors. If you have unmarried children under 21 that have no claim to U.S.
Citizenship, they can apply for the K4 visa. This will usually mean those
children who are the U.S. Citizens step-children, or children born into the
marriage prior to the U.S. Citizen becoming naturalized as a U.S. Citizen.
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A..INS instructions state applications for K-3/K-4 status should
be sent to the following address: Immigration and Naturalization Service, P.O.
Box 7218, Chicago, IL 60680-7218. This is a Service Center partially dedicated
to the processing of I-129F petitions used for the K3/K4 visa.
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A..The Citizen will
receive an initial I-797 "Notice of Action" from the INS, and again, this can be
several weeks after you mail it. The notice will say how long it usually takes
to process the applications and give you a "receipt number" by which you can
obtain "case status information" direct from the "automated system". The
telephone number will be provided on the form. The actual approval notice itself
will be yet another I-797, which will list the name of the beneficiary (the
spouse), but not the children, even tho they were included on the I-129F
petition.
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Section 12.0...The K3/K4 Application (at the Consulate)
Note: You
can also read Section 4.0, because Section 12.0 only concentrates on the
"differences" between visa application processes when filed for the K3/K4, as
opposed to the K1/K2.
A..This will be the same procedure as is in place for the
various Consulates already. Some will get the information via "diplomatic pouch"
and others in more modern ways.
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A...Exactly what gets sent will vary depending on the Consulate,
but will be the same as what K1/K2 applicants get. The first packet to arrive
will most likely contain the following:
The Consulate may forget to send extra copies of
these application forms for the children for whom a K4 visa is intended. If
so, contact the Consulate to obtain the forms.
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Section 13.0...Entering the United States with the K3/K4
Visa
Note: You should also read Section 5.0, because Section 13.0
only concentrates on the "differences" the K4/K4 and the K1/K2.
The
actual entry procedures will be nearly identical for the K3/K4 as with a K1/K2.
Like the K1/K2, you will be entering the U.S. on a visa, and you need to fill
out the "white" form, with the I-94 arrival-departure card attached. You will
need to make sure you have plenty of time if you making a connecting flight.
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A..You will queue up with all the others going thru Immigration.
You might be directed to a waiting area until the other passengers are gone.
Your sealed envelope will be opened, your passport will be stamped, you will
have the I-94 arrival-departure card put in it. The officer may ask a few
questions, and may say "Welcome to the United States". You leave the Immigration
area, you will go to the baggage area to get your stuff, and then proceed thru
Customs.
Altho your actual processing may not take long, if you must make a
connecting flight then you better allow plenty of time, maybe as long as 3 or 4
hours at a major airport where the queues may be long, and the distance between
terminals even longer.
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A..Your
status as a K3 is good for two years after entry into the United States. Your
status will end sooner if your marriage ends, or if you are adjusted to
Permanent Resident. A K4 status is good for two years, unless they turn 21, get
married, or when their K3 parent becomes adjusted to Permanent Resident.
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A..Yes. A K3/K4 is authorized
to work based on their status, same as a K1/K2. There is a difference in
actually *obtaining* the work authorization document, based on being a K3/K4.
The only specific method outlined by INS thus far is to fill out the I-765
request for work authorization application and send it, with the fee, to the
Chicago address used for the K3/K4 I-129F petition. The basis for eligibility
will be your status as a K3/K4. Until the I-765 form is revised to include an
eligibilty category for K3/K4, send a cover letter along with the I-765
explaining this. You will need to submit photographs and a fingerprint card as
part of the I-765 application, and you will need to wait until the EAD arrives
in the mail before legally obtaining employment. And you will also need a Social
Security number.
This procedure is completely different than the methods a
K1/K2 uses to obtain their initial 90 day EAD based on K1/K2 status, usually
involving a visit to a local INS office, where they may obtain their 90 day EAD
immediately, usually free of charge.
You only other option for getting an
EAD is by applying for work authorization when applying for Adjustment of
Status. Many local offices will allow filing the AOS package in person, and
an EAD can be issued the same day.
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A..It is very possible that the Social Security
Administration will amend their procedures and allow a K3 to obtain a SSN by
simply showing proof of their status as a K3, similar to what the SSA does for
the K1. Until the SSA indicates by word or action that this is what they will
do, the K3/K4 will need to obtain an EAD prior to obtaining a SSN. The Social
Security card will state "valid for employment only with INS authorization".
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A..There is nothing in the information thus far
provided by INS or the State Department regarding this. It seems logical that a
young person may apply for the K4 visa up till one year after the K3 is admitted
to the US, same as the K1/K2. However, logic may not prevail in the face of real
life. Once the K3 has adjusted to Permanent Resident, they no longer have K3
status, and since the K4 is a "derivative beneficiary" of the K3, the young
person would no longer be eligible for a K4 visa. Since AOS can happen very
quickly at some local offices, one should assume at this time that no
opportunity will be available to apply for a K4 visa after the issuance of the
K3. Those K3 folks with potentially eligible children "remaining behind" may
want to carefully consider the timing of their AOS application.
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A..Yes. A K3/K4 is a
multiple entry visa, and you may leave the United States and return using the
same visa, even if you have applied for Adjustment of Status. Unlike a K1/K2,
the K3/K4 does not need to obtain an "advance parole" document to reenter the
United States, and applying for Adjustment of Status does not terminate the
K3/K4 status.
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Section 14.0...Adjustment of Status from K3/K4
Note: You can also
read Section 6.0, because Section 14.0 only contains specific K3/K4 information,
whereas Section 6.0 has much more in the way of general AOS info as well.
A..For most people, this will be "as soon as
possible". The INS has made an assumption that nearly all K3/K4 folks will want
to apply for AOS, even tho a few will still choose to apply for an immigrant
visa at a Consulate outside the United States.
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A..The
INS is looking for a good faith effort on the part of the K3 to obtain residency
in the United States. After all, the K3/K4 visas were created in order to allow
families to be united. If the K3 makes no effort to obtain residency, the INS is
going to assume the K3 has no genuine interest in being united as a family.
The INS has put a two big roadblocks in the way of a spouse who enters the
United States on a K3 visa, but who makes no attempt to apply for permanent
residency. The INS will deny renewal of work authorizations, and they will deny
applications to extend status of the K3/K4.
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A..Yes, you are. The
AOS packages may be submitted together, but they each must contain their own
sets of documentation, including a notarized I-864. If the K4 has never had an
I-130 filed on their behalf, this must be done now, submitted along with the AOS
package.
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A..The process is similar to adjusting status from
other types of visas. The best way to obtain the forms is to order them from INS
or obtaining them from your local office, but you can also download from the INS
website. Here is basically what you will need:
If
you have not applied for work authorization until this point, you can also
submit the I-765 Application for Employment Authorization. You will apply as
category (c)(9), "adjustment applicant".
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A..Not as a K3/K4. You will
need Advance Parole to reenter the United States at any time after your status
as K3/K4 has ended, but before obtaining Permanent Residency.
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A...The K3/K4 status does not change *because* an
AOS application has been filed. The K3/K4 status expires on its own, generally
after two years. However, after the K3/K4 status has expired, but prior to
gaining approval for permanent residency, the status will be a "period of stay
authorized by the Attorney General", based on being an Adjustment Applicant who
is awaiting a decision regarding an adjustment of status application.
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A..Apply for a new EAD, thru the local
office where your AOS was filed. Make sure you apply well in advance, since
processing may take several weeks or months.
If you have never applied for
Adjustment of Status, then you will be required to show that your initial I-130
petition is still awaiting approval, or, if the I-130 was approved, that you
have applied for an immigrant visa at a U.S. Consulate.
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A..Yes, you can apply for an extension of status with the INS. This will
enable you to leave the United States and return without needing Advance Parole.
It is probably a good idea to extend the K3/K4 status if you plan on being
outside the country.
As with renewal of EADs, you status as K3/K4 will not
be approved if you have never applied for Adjustment of Status, unless you show
that your initial I-130 petition is still awaiting approval, or, if the I-130
was approved, that you have applied for an immigrant visa at a U.S. Consulate.
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A...If Adjustment of Status is approved after the
marriage is two years old, then the K3 (and K4) will become Permanent Residents.
If the marriage is less than two years old when AOS approval is obtained, the
K3/K4 will be Conditional Permanent Residents. For more information on
Conditional Permanent Residence, and the subsequent application for Lifting of
Conditions on Conditional Status, see Section 7.0.
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Section 20.0...RELATED ISSUES
A..The most important thing to remember is that your deceased spouse (or K2
child) is still a Citizen of another country, and that country still has an
interest in them. You will need to notify that country's Consulate in the United
States of the death.
A..(experience)..When our K2 son passed away in October
2000, my wife emailed the Swedish Consulate in Washington DC, who replied that
we should send them a certified copy of the death certificate. The certificate
was returned with a letter of acknowlegement within a couple weeks.
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A..You do not NEED to notify INS.
There may be considerations however, because a persons "legal status" may still
be important even after that person has died.
A..(experience)..Our K2 son
passed away shortly before we were to submit the I-751 for lifting of
conditional status. We submitted the I-751, listed his name where it would
normally go, but wrote "(deceased)" next to it. We enclosed a copy of the death
certificate and explained the situation in our cover letter. He was still
processed normally, and his legal status was extended.
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Back to
Index
APPENDIX - Forms and Terminology
The FAQ is located at
www.k1faq.com
The Mirror Site is www.txdirect.net/users/mike38/k1faq.htm