The How to Guide How to Apply for and Obtain the K-1 ... · PDF fileThe How to Guide . How to Apply for and Obtain the . K-1 Fiancé ... G-325A – Biographic ... Both petitioner and

The How to Guide

How to Apply for and Obtain the

K-1 Fiancé Visa

Published by: usavisanow.com

All rights reserved. No part of this kit may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage and retrieval system without written permission from the publisher, except for the inclusion of brief quotations in a review. For more information, please contact usavisanow.com

Copyright 2014 by usavisanow.com Disclaimer: The purpose of this kit is to provide interested individuals with a basic understanding of the rules and regulations concerning U.S. Immigration procedures. It is sold with the understanding that the publisher and authors are not engaged in rendering legal or other professional services in this book, only in sharing information in regard to the subject matter covered. If legal or expert assistance is required, the services of a competent professional should be sought. While every effort has been made to ensure that this book is as complete and accurate as possible, there may be mistakes, either typographical or in content. In addition, this kit contains information U.S. immigration procedures only up to the printing date. The rules and regulations change frequently. usavisanow.com shall not be held liable, nor be responsible to any person or entity with respect to any loss or damage caused, or alleged to be caused, directly or indirectly by the information contained in this kit.

http://www.usavisanow.com/

http://usavisanow.com/

How to Apply for a K-1 Fiancé Visa

Table of Contents Chapter 1 Introduction

K-1 Fiancé Visa Summary K-1 Fiancé Visa Overview Frequently Asked Questions Step-by-Step Instructions How the USCIS Determines Which Applications It Accepts and Rejects

Chapter 2 The Application Process

Step 1 – Gathering the Required Documents Step 2 – Completing the Forms

I-129F – Petition for Alien Fiancé G-325A – Biographic Information - U.S. Citizen G-325A - Biographic Information – Alien Fiancé I-134 – Affidavit of Support

Step 3 – Sending the Application to the USCIS

Writing the Relationship Letter Preparing the Cover Letter Mailing the Application Package to the USCIS

Step 4 – Getting the USCIS Approval

Obtaining the I-797C Notice of Action – Notice of Receipt Receiving a Request for Evidence Obtaining the I-797 Notice of Action – Notice of Approval

Step 5 – Requesting the designated American Consulate to

Open a Provisional File

Sample Cover Letter – Request to Open Provisional File

Step 6 –Packet 3 from the American Consulate

Completing Packet 3 Vaccination Requirements

Step 7 - Packet 4 from the American Consulate Step 8 – The Interview

What to Bring to the Interview Sample Interview Questions

Step 9 – Arriving in the U.S.

Requesting Temporary Work Authorization

Step 10 – How to Adjust Status to Permanent Resident

2014 by usavisanow.com. All rights reserved. 2



and Obtain a Green Card Chapter 3 USCIS Addresses and Telephone Numbers Chapter 4 American Consulate, Addresses, Telephone and Fax Numbers




Chapter 1: Introduction

K-1 Fiancé Visa Summary

DEFINITION The Immigration and Nationality Act provides a nonimmigrant visa classification "K-1" for aliens coming to the United States to marry American citizens and reside here. APPROXIMATE PROCESSING TIME 21-120 days at USCIS, 30-90 days at the American Consulate PETITION To establish K-1 visa classification for an alien fiancée, an American citizen must file a petition, Form I-129F, Petition for Relative or Fiancée, with the Bureau of Citizenship and Immigration Services (USCIS) Office having jurisdiction over the place of the petitioner's residence in the United States. Such petitions may not be adjudicated abroad. The approved petition will be forwarded by USCIS to the American consular office where the alien fiancée will apply for his or her visa. A petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer. INELIGIBILITY/WAIVER Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship, must be refused a visa. The two-year foreign residency requirement for former exchange visitors is also applicable. If found to be ineligible, the consular officer will advise the applicant if the law provides for a waiver. APPLYING FOR A FIANCE VISA Upon receipt of an approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and Instructions to apply for a "K" visa. Since a fiancée visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant. In addition to the prescribed application forms, the following documents are normally required: Valid passport Birth certificate Divorce or death certificate of any previous spouse Police certificate from all places lived since age 16 Medical examination Evidence of support




Evidence of valid relationship with the petitioner Photographs OTHER DOCUMENTATION Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancée. If found eligible, a visa will be issued, valid for one entry during a period of six months. A non-refundable $100.00 application fee is collected at posts that issue machine-readable visas. U.S. PORT OF ENTRY The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the USCIS to establish a record of entry for conditional permanent residence status. After two years, the alien may apply to the USCIS for removal of the conditional status. ADDITIONAL INFORMATION Family Members The unmarried, minor children of a K-1 beneficiary derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiancée within one year from the date of issuance of the K-1visa. Thereafter, a separate immigrant visa petition is required.




K-1 Fiancé Visa Overview

Note: K-1 holders CAN leave the US during the term of validity and return, by visiting the issuing embassy and getting a new K visa issued. This new K-1 will still expire on the original's expiration date; e.g. you can't start the clock over. Terminology: Fiancé - The term fiancé will be used to include both male and female prospective spouses USCIS – United States Citizenship and Immigration Services Petitioner - The U.S. citizen who files a petition with an USCIS office in the United States on behalf of a fiancé asking that he or she be admitted to the United States for the purpose of marriage Petition - USCIS form I-129 (F) “Petition to Classify Status of Alien Fiancé or Fiancé for Issuance of Nonimmigrant Visa” Beneficiary - The fiancé named in the petition K-1 Visa - The visa category for the fiancé of a U.S. citizen K-2 Visa - The visa category for the minor children of a K-1 visa holder Packet 3 - Information that the Embassy sends to your fiancé, which specifies the documents that must be obtained and presented at the visa interview Packet 4 - Information that the Embassy sends to your fiancé setting an appointment date and explaining how to obtain the required medical examination First Step -- Filing the Petition To begin the K-1 process, you file a petition at the Bureau of Citizenship and Immigration Services (USCIS) office having jurisdiction over your current or intended residence in the U.S. There is a filing fee of $340 for the I-129F petition. This is a check or money order made out to U.S. Department of Homeland Security. The children of your fiancé must be listed in the petition even if they will not be traveling at this time. You must present the following supporting documentation with your petition: Evidence that you are an American citizen, such as your birth certificate, or your Naturalization Certificate, and your American passport. Proof of termination of any prior marriages of you and your fiancé, such as a divorce decree or death certificate. Evidence that you have met your fiancé and evidence of your relationship, such as letters, telephone bills, a relationship letter and photos. Any documents in a foreign language should be accompanied by an English translation.




This documentation confirms your identity and that of your future spouse and proves that both of you are legally free to marry. You should have met with your fiancé during the two years prior to the filing of the petition. USCIS will notify you when they have approved the petition and will send it via cable delivery to the U.S. Embassy for further processing. Ask the USCIS directly if you have further questions about the petition process and petition approval requirements. You may contact the USCIS at 1-800-375-5283 Second Step -- When Your Petition is Approved When you receive the approval notice from USCIS, you should fax the American Embassy to request that they open a provisional case file for your fiancé. Your petition is valid for four months, but can be extended by the Embassy if a visa cannot be issued during that period and the intention to marry still exists. You simple must contact the consulate and request an extension. Opening a provisional file allows American Embassy to start processing the case before they receive the approval from USCIS. To open a provisional file you will need the following items: A copy of the USCIS approval notice, the I-129F (front and back) and your fiancé’s G-325 Biographic Data Form Your fiancé’s full name, date of birth, and place of birth The current complete mailing address and telephone number of your fiancé This information should be sent to the embassy by fax, addressed to the Immigrant Visa Section. The fax should clearly state that you wish a provisional K-1 file to be opened for your fiancé. Third Step -- Processing the Provisional Case For all cases they must send a name check cable that requires a reply from the FBI. When the embassy opens a provisional file, they send a Packet 3 to the beneficiary. The Packet 3 tells the applicant what documents he or she must collect prior to the visa interview. Packet 3 asks your fiancé to assemble the following documents: Valid passports for the beneficiary and any dependent children. Birth certificates for the beneficiary and any dependent children. Proof of termination of any prior marriages. A police certificate from the current place of residence of the beneficiary, as well as from any place or places of residence for 6 months or more since attaining the age of 16.




Police certificate(s) for any dependent children over 16 Any documents in a foreign language should be accompanied by a notarized English translation. When your fiancé has collected all the documents specified in Packet three, he or she should notify the Embassy by returning the form in Packet 3 (Optional Form 169) certifying that all required documents have been obtained. Fourth Step -- Scheduling an interview The Embassy will send out Packet 4 explaining the process of obtaining medical exams and scheduling an appointment for a visa interview when they have received the following items: The actual approved petition from USCIS or telegraphic notice of approval from USCIS Clearances from the required name checks A signed Optional Form 169 from the beneficiary. They will accept a faxed copy of Optional form 169. They will consider requests for interview scheduling on the basis of official telegraphic notification from USCIS of petition approval on a case- by-case basis. You or your lawyer may make such a request by fax. They encourage you to do so before arranging for telegraphic notification from USCIS. In cases where the request is granted, the Embassy may request additional information from you regarding your marital history and the history of your relationship with your fiancé. Packet 4 contains an appointment date and Instructions on where to go to complete the medical examination. The medical exams must be performed by one of the physicians identified in Packet 4. Applicants should bring their vaccination records to the medical exam and may be asked to have additional vaccinations at that time. In addition to mailing Packet 4, they will, upon request, notify by fax attorneys of record or interested petitioners not represented by an attorney that Packet 4 has been sent and an appointment date has been set. This request should be included in the original fax sent to the Embassy asking them to open a provisional case. Fifth Step -- The Visa Interview On the date of the appointment your fiancé should go to the Immigrant Visa section of the Embassy. Minor children under 14 do not need to attend the interview. Your fiancé will need to fill out a Nonimmigrant Visa Application (DS-156) in duplicate, as well as a supplement to form DS-156 required in K visa cases. Each dependent child will also need Nonimmigrant Visa Applications in duplicate. Original documents, not copies, should be brought to the interview.




Originals of primary documents, such as birth, marriage, and death records, will be returned to the applicant after the interview. Your fiancé will be asked to present: Valid passports for the beneficiary and any dependent children Birth certificates for the beneficiary and any dependent children Proof of termination of any prior marriages of both petitioner and beneficiary Police certificate(s) for the beneficiary and any dependent children over 16 years of age Vaccination results for the beneficiary and any dependent children Medical exam results for the beneficiary and any dependent children Proof of adequate financial support once in the United States to ensure that your fiancé and dependent children will not become public charges. This documentation is form I-134 and the supporting financial documentation. Supporting documentation verifying the relationship between the petitioner and beneficiary. This documentation is the pictures together, emails, letters, engagement ring receipt, relationship letter, etc. Documentation regarding financial support can be in any form so long as it contains enough detail and information for the consular officer to conclude that the beneficiary will not become a public charge. After a consular officer has reviewed the case, your fiancé will be interviewed. The consular officer will ask your fiancé questions about your relationship, such as how you met and when you decided to marry. The consular officer is required by law to verify that your relationship with your fiancé is real and that you do intend to marry within 90 days of your fiancé’s arrival in the United States. Your fiancé will be required to sign a statement regarding his or her legal capacity to marry and intention to marry. Provided everything is in order at the time of the interview, your fiancé will receive a visa the same day. Your fiancé and each dependent child will pay a $200.00 non- refundable machine-readable-visa fee on the day of the interview. Supporting documentation, including the K petition, birth certificate, Nonimmigrant Visa Application, and medical exam will be placed in a sealed envelope and given to the applicant for presentation to USCIS at the port of entry.




Frequently Asked Questions

Q. What is the process for extending a visa beyond the original four month validity? A. The process is very simple. A consular officer can revalidate a K visa petition any number of times for additional periods of 4 months provided the officer concludes that the petitioner and beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary’s admission into the United States. To have the petition revalidated mail or fax a written request to the Embassy that includes a statement of your intention to go forward with the marriage. Q. Do dependent children receiving K-2 visas need to travel to the United States at the same time as the K-1 beneficiary? A. No, eligible dependent children can travel to the United States on a K-2 visa within a year of the issuance of the K-1 visa to the principal beneficiary. This is true even if the K-1 beneficiary has subsequently married, provided the dependent child is still unmarried and under 21 years of age at the time of K-2 issuance. If a dependent child of your fiancé seeks to enter the United States more than one year after your fiancé has received a K-1 visa, it will be necessary to file an immigrant visa petition for the child. Q. Should I include all of my fiancé’s children in the K visa petition? A. USCIS holds that all children of a K-1 beneficiary must be listed on the visa petition. If the beneficiary has a child not named in the petition, the consular officer must suspend action and return the petition to USCIS for reconsideration. Q. What if my fiancé is pregnant and this is not disclosed on the approved petition? A. Visa processing can continue in this case if the consular officer obtains a statement indicating awareness of the pregnancy and the desire to proceed with the marriage. Q. If I decide not to get married to my fiancé can I cancel the petition? A. You should make a written request to the Embassy asking to withdraw the petition. You may wish to notarize such a statement so we can be assured that you personally are asking the petition to be withdrawn. Q. If my fiancé entered the U.S. on a K visa, but had to leave before we were married, what can I do get my fiancé a new K visa? A. K visas are issued valid for a single entry and a 6-month period. If a beneficiary has returned abroad prior to the marriage, the consular officer may issue a new K visa provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. After the 90th day, unless other arrangements have been made with USCIS prior to your fiancé’s departure, you will need to start the K visa process again.




Step-by-Step Instructions 1. U.S. Citizen completes and signs the following forms:

Form I-129F – Petition for Alien Fiancé. G-325A – Biographic Information. I-134 – Affidavit of Support.

2. Alien Fiancé completes and signs the following form:

G-325A – Biographic Information. 3. U.S. Citizen writes a check or money order for $340 to: “U.S. Department of Homeland

Security”. 4. U.S. Citizen gathers the documents in the Required Supporting Document Checklist. Do not

send original documentation of items you cannot easily replace (e.g. passport, birth certificate, etc.) A clear photocopy is sufficient. It is not necessary to have the copies notarized.

5. U.S. Citizen sends the following to the appropriate USCIS Regional Service Center:

• Form I-129F. • Form G-325A – U.S. Citizen. • Form G-325A – Fiancé. • Copies of all Supporting Documents. • Check for $340 to “U.S. Department of Homeland Security” for form I-129F. (Staple the

check to the I-129F) 6. U.S. Citizen sends the following to Fiancé.

• Original Form I-134 Affidavit of Support • Copies of Proof of Financial Support from Required Document Checklist

7. VERY IMPORTANT: Make a copy of each form and document you send to the USCIS for

your own records. 8. U.S. citizen sends the application, supporting documents and fee to the appropriate USCIS

Regional Service Center. Send the package Certified Return Receipt via the U.S. Postal Service, or via a commercial service, such as Federal Express. Make sure to get a receipt with a tracking number.

9. You will receive a Form I-797, Notice of Receipt from the USCIS usually within 3 weeks after

sending in the application package. This form will tell you that the USCIS has received your application and that it is in the cue to be processed. It will also give you a case number and a telephone number of an automated system to call to check the status of your application. The number is usually busy during business hours, so you may have to call in the evening to get through.

10. Next, you should receive an approval notice from the USCIS. 11. The USCIS will cable the approved case to the American Consulate that will issue your fiancé

the K-1 visa.




12. Make a copy of the approval notice for your records. 13. Send the original approval notice, along with a copy of each form and document you filed with

the USCIS, to your fiancé. 14. Your fiancé should receive Packet 3 from the American Consulate. Packet 3 is essentially a

checklist that is to be completed, signed and returned to the American Consulate. If your fiancé does not receive Packet 3 in 4 weeks, he or she may go to the American Consulate in person with the approval notice to request Packet 3.

15. The American Consulate will then issue her Packet 4: a packet of forms to complete and

documents to obtain (see required document checklist, bottom portion). They will also schedule an interview date.

16. Your fiancé is to complete the forms in the packet, and gather the documents requested

before the interview date. 17. At the interview, your fiancé is to present the completed forms, the requested documents, the

approval notice and the copy of the file that you sent. The Consulate Officer will review the documents, ask a few questions (see interview questions), and issue her the K-1Visa in her passport. Your fiancé’s children will receive the K-2 Visa in their passport.




How the USCIS determines which Applications it Accepts and Rejects

The USCIS offices are overworked and understaffed. The applications that are approved the quickest have the following characteristics. 1) Type the applications whenever possible. 2) Organize your supporting documents. Use paper clips and binder clips to separate

documents. 3) More documentation is better than less. More letters, more phone bills, etc. 4) Send Return Receipt Requested via U.S Postal Mail or via a Commercial Overnight Service

(Fedex, etc.) If your application package is well organized and complete, you will receive a quicker approval. If your application package is not well organized and complete, it will take the USCIS worker longer to sort through your application and determine if it is complete or not.




Chapter 2: The Application Process

Step 1: Gathering the Required Supporting Documents

The first step to undertake is to gather the required supporting documents to be sent with the Bureau of Citizenship and Immigration Services (USCIS) forms to the USCIS. Keep in mind that there are a few items you will need from your fiancé, so it is wise to start the gathering process as early as possible. Note that all documents in a foreign language must be accompanied by a notarized English translation. These documents (birth certificate, divorce decree, etc.) may be translated either in your fiancé’s native country or in the U.S. Check your yellow pages for translation services, or call Trustforte Corporation at (212) 481-4870.

Required Document Checklist – K-1 Fiancé Visa

Required Documents & Forms for the K-1 Fiancé Visa: (Please make sure these are all enclosed in the package you send to the USCIS.)

***All documents in a foreign language must be accompanied by a notarized translation***

Document Check Here

FROM THE PETITIONER (U.S. CITIZEN): 1) Form I-129F

Petition for Alien Fiancé ___________ Completed & Signed

2) Form G-325A

Biographic Information ___________ Completed & Signed by Petitioner (U.S. Citizen)

3) A written statement describing the circumstances under which you and your Fiancé met and your intention to marry within 90 days of her arrival. ___________

4) Copy of Birth Certificate or Naturalization Certificate ___________ 5) Copy of Passport ___________ 6) Proof of termination of any prior marriages (copy) ___________ 7) Two USCIS Color Photographs (see specification sheet) ___________ 8) Evidence that you have met and evidence of the relationship:

• Letters ___________ • Emails ___________ • Telephone Bills ___________ • Photographs together ___________ • Receipt from engagement ring(if available) ___________




• Visa stamps in passport from visiting fiancé ___________ • Copies of airline tickets from visiting fiancé ___________

FROM THE BENEFICIARY (FIANCÉ): 9) Form G-325A

Biographic Information ___________ Completed & Signed by Fiancé

10) Two USCIS Color Photographs (see specification sheet) ___________ 11) Proof of termination of any prior marriages (copy) ___________ Your Fiancé will need the following documents for her interview at the Embassy: 1. Valid passports for the beneficiary and any dependent children. 2. Birth certificates for the beneficiary and any dependent children. 3. Proof of termination of any prior marriages. 4. A police certificate from the current place of residence of the beneficiary, as well as from any

place or places of residence for 6 months or more since attaining the age of 16. 5. Police certificate(s) for any dependent children over 16 6. The Form I-134 – Affidavit of Support (notarized) and evidence of financial support:

• Bank Statement ___________ • Letter from employer ___________ • Most recent tax return (copy) ___________ • Copy of paycheck stub ___________

Original documents bearing the signatures and seals of the issuing authorities are required at

the interview. Any documents in a foreign language must be accompanied by a Notarized English

translation.




Step 2: Completing the Forms

After you have begun to gather the required supporting documents, you may now begin to complete the required USCIS forms. The Form # is written on the bottom left hand corner of the form. The Form Name is written on the upper right hand corner of the form. U.S. Citizen completes and signs the following forms: • Form I-129F – Petition for Alien Fiancé. • G-325A – Biographic Information. • I-134 – Affidavit of Support. Alien Fiancé completes and signs the following form: • G-325A – Biographic Information. The pages that follow will guide you step by step through completing each form. The blank USCIS forms for you to complete are in the attached Blank USCIS Forms Folder. Sample USCIS forms, also to help guide you, are in the attached Sample USCIS Forms Folder.





I-129F – Petition for Alien Fiancé

To be Completed and signed by the U.S. Citizen

A) Information about you (The U.S. Citizen): 1) Name:

• Name (Family name in CAPS): This is the U.S. Citizen’s Last Name in Capital Letters Example: JOHNSON

• First: The U.S. Citizens First Name

Example: David • Middle: The U.S. Citizens Middle Name (if available)

Example: John 2) Address:

• Number and Street: The U.S. Citizen’s Street Number and Name

Example: 123 Elm Street, Apt. 12F • Apartment Number: (if applicable)

Example: Apt. 12F • Town or City: The U.S. Citizen’s Town or City of Residence

Example: Baltimore • State / Country: The U.S. Citizen’s State of Residence

Example: Maryland or MD • Zip / Postal Code: The U.S. Citizen’s Zip Code

Example: 11234 3) Place of Birth: • The Place of Birth of the U.S. Citizen • Example: Boston, MA

4) Date of Birth:

• The Date of Birth of the U.S. Citizen • Example: 09/30/1966

5) Sex:

• The Sex of the U.S. Citizen • Example: Male 6) Marital Status:

• The Marital Status of the U.S. Citizen • Example: Single




7) Other Names Used (Including Maiden Name)

• Any other names used by the U.S. Citizen • Example: None

8) Social Security Number

• The U.S. Citizen’s 8 digit Social Security Number • Example: 111-22-3333

9) Alien Registration Number (if any)

• The U.S. Citizen’s Alien Registration Number • Example: n/a

10) Name of Prior Husbands / Wives

• The first and last names of the U.S. Citizen’s former spouses. • Example: Ellen JAMESON

11) Date(s) marriage(s) ended:

• The date the U.S. Citizens marriage(s) ended. • Example: 11/14/1982

12) My Citizenship was acquired through:

• How the U.S. Citizen’s citizenship was acquired. • Example: Birth in the U.S.

13) Have you ever filed for this or any other alien fiancé or husband or wife?

Simply check yes or no. If you checked yes, give the name of the alien, the place and date of filing and the result. Example: Yes Example: Carolyn Mgmami, Vermont, 11/24/1995, Withdrawn.

B) Information about your Alien Fiancé:

1) Name:

• Name (Family name in CAPS): This is the Alien Fiancé’s Last Name in Capital Letters Example: NOVATNA

• First: The Alien Fiancé’s First Name

Example: Diana • Middle: The Alien Fiancé’s Middle Name (if available)

Example: (Leave Blank) 2) Address:

• Number and Street: The Alien Fiancé’s Street Number and Name

Example: Street 14, Building 12, Apt. 48




• Apartment Number: (if applicable) Example: Apt. 48

• Town or City: The Alien Fiancé’s Town or City of Residence Example: Warsaw

• State / Country: The Alien Fiancé’s Country of Residence Example: Poland

• Zip / Postal Code: The Alien Fiancé’s Zip Code Example: 1234

3) Place of Birth:

• The Place of Birth of the Alien Fiancé • Example: Warsaw, Poland

4) Date of Birth:

• The Date of Birth of the Alien Fiancé • Example: 05/14/1969

5) Sex:

• The Sex of the Alien Fiancé • Example: Female 6) Marital Status:

• The Marital Status of the Alien Fiancé • Example: Divorced

7) Other Names Used (Including Maiden Name)

• Any other names used by the Alien Fiancé • Example: GARDIMOV

8) Social Security Number

• The Alien Fiancé’s 8 digit Social Security Number • Example: N/A

9) Alien Registration Number (if any)

• The Alien Fiancé’s Alien Registration Number • Example: N/A

10) Name of Prior Husbands / Wives

• The first and last names of the Alien Fiancé’s former spouses. • Example: Boris GARDIMOV

11) Date(s) marriage(s) ended:

• The date the U.S. Citizens marriage(s) ended. • Example: 06/24/1995

12) Has your fiancé ever been in the U.S.?




• Example: No

13) If your fiancé is currently in the U.S., complete the following: He / She arrived as a:

• Example: N/A • Arrival/Departure Record (I-94) Number: • Example: N/A • Date Arrived • Example: N/A

14) List all Children of your Alien Fiancé (Name, Date Of Birth, Country Of Birth, Present

Address):

• Example: Natalia GARDIMOV, 1/15/1990, Poland, Street 14, Building 12, Apt. 48, Warsaw, Poland, 1234

15) Address in the United States where your fiancé intends to live:

• Example: 123 Elm Street, Apt. 12F, Baltimore, MD 11234 16) Your fiancé’s address abroad:

• Example: Street 14, Building 12, Apt. 48, Warsaw, Poland, 1234 17) If your fiancé’s native alphabet is other than Roman letters, write his or her name and

address in the native alphabet:

• Example: 18) Your Fiancé is related to you:

• Yes or No • Example: No

19) Your Fiancé has met and seen you:

• Yes or No • Example: Yes

20) Your Fiancé will apply for a visa at the American Consulate in (City, Country):

• See list of Consulates • Example: Warsaw, Poland • Write “Please Cable” here.





G-325A Biographic Information Form - U.S. Citizen

To be completed and signed by the U.S. Citizen

A. Name:

1) Family Name: Use CAPITAL LETTERS Example: JOHNSON

2) First Name:

Example: David

3) Middle Name: Example: John

B. Male or Female:

• Select one.

Example: Male C. Birthdate:

• (mm/dd/yyyy) Example: 09/30/1966

D. Nationality:

Example: USA

E. File Number:

• If none state “n/a”

Example: n/a G: All Other Names Used (Including Names by Previous Marriages):

• State any other names you have used here. Example: none

H. City and Country of Birth:

• U.S. Citizens City and Country of Birth Example: Boston, USA

I. Social Security Number:

• U.S. Citizens Social Security Number Example: 111-22-3333

J. Father of U.S. Citizen:

1) Family Name: Use CAPITAL LETTERS Example: JOHNSON




2) First Name Example: William

3) Date, City and Country of Birth:

Example: 08/24/1932, Cleveland, USA

4) City and Country of Residence: If deceased, write deceased Example 1 (if deceased): deceased Example 2 (if not deceased): Boston, USA

K. Mother of U.S. Citizen:

5) Family Name: Use CAPITAL LETTERS. Use Maiden name. Example: WADE

6) First Name

Example: Elizabeth

7) Date, City and Country of Birth: Example: 02/04/1937, Bristol, USA

8) City and Country of Residence: If deceased, write deceased

Example 1 (if deceased): deceased Example 2 (if not deceased): Boston, USA

L. Husband or Wife:

• If none, state “none” (You should not be married if you are filing this petition!)

Example: none M. Former Husbands or Wives:

If none, state “none” under Family Name 1) Family Name: The last name of your former spouse. Use Capital Letters. Use her maiden

name. Example: JAMESON

2) First Name: The first name of your former spouse.

Example: Ellen

3) Birthdate: The Date of Birth of your former spouse. Example: 04/29/1967

4) Date and Place of Marriage:

Example: 06/15/1979, Boston, MA

5) Date and Place of Termination of Marriage: Example: 11/14/1982, Boston, MA

N. Applicant’s Residence Last 5 Years. List Present Address First.

1) Street and Number Example: 123 Elm Street, Apt. 12F

2) City:




Example: Baltimore

3) Province or State: Example: MD

4) Country:

Example: USA 5) From (mm/yyyy):

Example: 12/1983

6) To (mm/yyyy): Example: present

O. Applicants Last Residence Outside the U.S. of More than One year. If applicable.

Example: None P. Applicants Employment Last 5 Years. (If none, So State) List Present Employment First

1) Full Name and Address of Employer Example: Acme Engineering, Inc., 1212 Forest Road, Baltimore, MD

2) Occupation (Specify):

Example: Engineer

3) From (mm/yyyy) Example: 05/1992

4) To (mm/yyyy)

Example: Present Q. Show below last occupation abroad if not shown above (Include all information

requested above).

1) Include information from above if from the last 5 years. Otherwise, just write “none”. Example: none

R. This form is Submitted in Connection with Application For:

1) Check the “Other (Specify)” box and write I-129F, K-1 Petition. Example: I-129F, K-1 Petition

S. Are all copies legible?

1) Check the Yes Box. T. Sign and date where it says: Signature of Applicant U. If your Native Alphabet is Other than Roman Letters, Write Your Name in Your Native

Alphabet in This Space V. Complete This Box:

1) Write your name and alien registration number in the box outlined below.





G-325A Biographic Information Form - Alien Fiancé

To be completed and signed by the Alien Fiancé Name:

4) Family Name: Use CAPITAL LETTERS Example: NOVOTNA

5) First Name:

Example: Diana

6) Middle Name: Example: none

F. Male or Female:

• Select one.

Example: Female G. Birthdate:

• (mm/dd/yyyy) Example: 05/14/1969

H. Nationality:

Example: Polish

I. File Number:

• If none state “n/a”

Example: n/a G: All Other Names Used (Including Names by Previous Marriages):

• State any other names you have used here. Example: GARDIMOV

H. City and Country of Birth:

• Alien Fiancé’s City and Country of Birth Example: Warsaw, Poland

W. Social Security Number:

• Alien Fiancé’s Social Security Number Example: N/A

X. Father of Alien Fiancé:

9) Family Name: Use CAPITAL LETTERS Example: NOVOTNA




10) First Name Example: Yuri

11) Date, City and Country of Birth:

Example: 05/21/1928, Warsaw, Poland

12) City and Country of Residence: If deceased, write deceased Example 1 (if deceased): deceased Example 2 (if not deceased): Warsaw, Poland

Y. Mother of Alien Fiancé:

13) Family Name: Use CAPITAL LETTERS. Use Maiden name. Example: TORIOV

14) First Name

Example: Ilga

15) Date, City and Country of Birth: Example: 12/26/1925, Warsaw, Poland

16) City and Country of Residence: If deceased, write deceased

Example 1 (if deceased): deceased Example 2 (if not deceased): Warsaw, Poland

Z. Husband or Wife:

• If none, state “none” (You should not be married if you are filing this petition!)

Example: none AA. Former Husbands or Wives:

If none, state “none” under Family Name 6) Family Name: The last name of your former spouse. Use Capital Letters. Use her maiden

name. Example: GARDIMOV

7) First Name: The first name of your former spouse.

Example: Boris

8) Birthdate: The Date of Birth of your former spouse. Example: 06/26/1965

9) Date and Place of Marriage:

Example: 02/15/1988, Warsaw, Poland

10) Date and Place of Termination of Marriage: Example: 10/30/1991, Warsaw, Poland

BB. Applicant’s Residence Last 5 Years. List Present Address First.

7) Street and Number Example: Street 14, Building 12, Apt. 48

8) City:




Example: Moscow

9) Province or State: If none, just leave blank. Example: (leave blank)

10) Country:

Example: Poland 11) From (mm/yyyy):

Example: 05/1992


CC. Applicants Last Residence Outside the U.S. of More than One year. If applicable.

13) Street and Number Example: Street 14, Building 12, Apt. 48

14) City:

Example: Warsaw

15) Province or State: If none, just leave blank. Example: (leave blank)

16) Country:

Example: Poland 17) From (mm/yyyy):

Example: 05/1992


DD. Applicants Employment Last 5 Years. (If none, So State) List Present Employment First

5) Full Name and Address of Employer: If none, write “none”. Example: None

EE. Show below last occupation abroad if not shown above (Include all information

requested above).

2) Include information from above if from the last 5 years. Otherwise, just write “none”. Example: none

FF. This form is Submitted in Connection with Application For:

2) Check the “Other (Specify)” box and write I-129F, K-1 Petition. Example: I-129F, K-1 Petition

GG. Are all copies legible?

2) Check the Yes Box. HH. Sign and date where it says: Signature of Applicant




II. If your Native Alphabet is Other than Roman Letters, Write Your Name in Your Native Alphabet in This Space

JJ. Complete This Box:

2) Write your name and alien registration number in the box outlined below.





I-134 Affidavit of Support – US Citizen

To be completed and signed by the U.S. Citizen

Notes: 1) The purpose of this form is to assure the U.S. Government that you (the U.S. Citizen) will be

able to support your fiancé until she is authorized to work legally in the U.S. 2) The most widely used method of determining ability to support is the 125% of the Poverty

Line Rule. See the Poverty Guidelines in Appendix II. The Sponsors Household Size includes the number of persons related to you (the U.S. Citizen) by birth, marriage or adoption, yourself, your fiancé and her / him children that will be joining her / him.

3) The original version is to be sent to your fiancé for her / him to take to the interview.




Step 3: Sending the Application to the USCIS

Writing the Relationship Letter This is the letter you referred to in Number 19 from the Form I-129F – Petition for Alien Fiancé. The purpose of this letter is convince the USCIS that you have your met your fiancé and your relationship is legitimate and valid. You should send your fiancé a copy of this letter as the Consular Officer may refer to it in the interview. Below is a sample letter: Dear Immigration Officer, I first met Diana through an Internet chat room in April 2009. We quickly found that we shared many common interests and values. After about 3 months of emailing each other, I decided I had to hear what her voice sounded like. We spoke on the telephone and emailed each other for another 2 months until I realized I was falling in love. I visited her in Warsaw in September of 2009. We spent 2 fabulous weeks together. Before I left to come back to the States, I asked Diana to marry me. She said yes before I could finish my sentence. I can’t wait to get Diana here and marry her. Please expedite this petition Sincerely, David J. Johnson




Step 3 - Sending the Application to the USCIS

Preparing the Cover Letter

Now that you have the USCIS forms completed and the required supporting documents in hand, it’s time to prepare the application package and send it to the USCIS Regional Service Center. First, you will want to write a cover letter. Use the sample below as a guide. Sample Cover Letter Monday, August 04, 2014

USCIS Attn: I-129F 2501 South State Highway 121 Business Suite 400 Lewisville, TX 75067

Re: Case Type: I-129F – K-1 Fiance Visa Petitioner: David J. JOHNSON Beneficiary: Diana NOVATNA - Fiancé Beneficiary: Natalia GARDIMOV – Daughter of Fiancé, will apply for K-2 Visa Consulate to be notified of approved petition: Warsaw, Poland Note: Please cable the approval to the American Consulate in Warsaw Dear Sir / Madam, Please find enclosed all necessary forms and supporting documents for this I-129F petition including a check for $340 and the following:

David J. JOHNSON – U.S. Citizen:

• Form I-129F - completed and signed • Form G-325A - completed and signed • 2 USCIS Color Photos • Copy of Birth Certificate • Copy of Picture Page in Passport • Copy of Divorce Decree • Copy of visa stamps in passport from visit to Warsaw • Letter detailing how we met and intention to marry • Copy of Receipt for engagement ring • Pictures Together • Copy of Airline Ticket from visiting Warsaw • Copies of letters and e-mail correspondence

Diana NOVATNA – Alien Fiancé • G-325A - completed and signed




• 2 USCIS Color Photos • Copy of Divorce Decree

Please process this petition as quickly as possible. Thank you in advance for your assistance. Respectfully yours, David J. Johnson




Step 3 - Sending the Application to the USCIS

Mailing the Application Package to the USCIS Second, make copies of all the forms and documents you will be sending the USCIS.

The USCIS Dallas Lockbox

For U.S. Postal Service:

USCIS P.O. Box 660151 Dallas, TX 75266

For Express mail and courier deliveries:





Step 4: Obtaining the Approval from the USCIS

Obtaining the I-797C Notice of Action

About 2-4 weeks after you mail in your application package, the USCIS Regional Service Center will mail you a Form I-797C Notice of Action. The following page has a sample I-797C Notice of Action. This receipt will have 3 important items:

1) Your Receipt Number: This 13-digit number starts with 3 letters. It is found in the upper left-hand corner of the form. This number must be used with all correspondence with the USCIS concerning your case.

2) The Approximate Processing Time 3) The Customer Service Telephone Number: This telephone number connects you

with an automated system to check the status of your case 24 hours a day. This number is most likely going to be busy if you call during business hours. Call in the evening or early morning. You will hear a voice message detailing the status of your case. It will say one of three things:

a) We have received your petition and are processing it. We will have a

decision within xx to xx days. b) We have sent you a request for additional evidence.

c) We have sent you an approval notice and forward the case the American

Consulate listed in the petition.

A sample I-797 Notice of Action - Notice of Receipt is in Appendix 3




Step 4 – Obtaining the Approval from the USCIS

Receiving a Request for Evidence

If you follow the guidelines in this kit, you will receive an Approval Notice from the USCIS. However if you mistakenly leave something out, the USCIS will not reject your petition, they will simply send you a Request for Evidence.

The request for evidence will be very specific. You will typically have 90 days to submit the evidence requested. Simply send in the document(s) or Form(s) requested along with the original Request for Evidence and the USCIS will complete the processing of your petition.

A sample Request for Evidence is in Appendix 3.




Step 4 – Obtaining the Approval from the USCIS

Obtaining the I-797 Notice of Approval

Depending on the processing time of the USCIS Regional Service Center, you should receive the USCIS Notice of Approval within 20-90 days after they receive it. As of this printing, the Vermont Service Center is the quickest, followed by California, Texas, and Nebraska. The USCIS Service Center will forward your approved petition to the American Consulate listed on your petition. They USCIS Service Center will send your approved petition to the American Consulate. A sample I-797 Notice of Action - Notice of Approval is in Appendix 3.




Step 5: Requesting the designated American Consulate to Open a Provisional File Congratulations, you have received the USCIS approval. The next step is to make sure that the American Consulate you designated is notified as quickly as possible of the approved I-129F petition. If the Approval Notice was cabled to the American Consulate (it will say so on the I-797 Notice of Approval), there is no need to request the American Consulate to open a provisional file. However, if the Approval Notice is being sent by diplomatic pouch, you may want to contact the American Consulate and request that they open a provisional file for your fiancé. You do this by faxing a cover letter, the I-797 Approval Notice, both pages of the I-129F Petition for Alien Fiancé and your fiancé’s G-325A Biographic Information form. A sample cover letter can be found below.




Step 5 – Requesting the designated American Consulate to Open a Provisional File

Sample Cover Letter – Request to Open Provisional File

Monday, August 04, 2014 Consular Officer K-1 Fiance Visa Unit Re: Request to Open Provisional File for K-1 Visa Petition Beneficiary: Diana NOVOTNA DOB: 05/14/1969 USCIS Receipt #:EAC-99-123-456789 Dear Consular Officer, This letter is a request for your office to open a provisional file for my fiancée, Diana Novotna. If you have already received this approval notice from the USCIS Regional Service Center, please disregard this letter. I have enclosed a copy of the USCIS Form I-797 Notice of Approval and the Beneficiary’s G-325A Biographic Information Form. Please forward Packet 3 to Miss Novotna. Thank you in advance for your time and consideration in this matter. Sincerely, David J. Johnson (Petitioner)




Step 6: Packet 3 from the American Consulate

Shortly after the American Consulate receives the approval notice from the USCIS, they will mail your fiancé what is called Packet 3. Your fiancé may call the American Consulate and if they have received the approval notice from the USCIS, he or she may pick up Packet 3 in person. Your fiancé should bring identification and evidence of the approval (Form I-797 Approval Notice). Note: Some of the following forms may appear in Packet 3 and some may appear in Packet 4, depending on the Consulate. Note: For Blank Packet 3 forms, see Appendix 3, for sample Packet 3 forms, see Appendix 4. Packet 3 contains the following: Form DS 156 – Application for Nonimmigrant Visa Form DS 156K – Application for Nonimmigrant Fiancée Visa Medical Examination Information – Your fiancé may be required to take a medical examination. If so, he / she will be instructed where to go. You fiancé will be required to bring the results to the interview. Form DSL 1083 - Immigrant Visa Supplemental Information Sheet (Police Certificates) ***Note: Some Consulates will send all of these forms in Packet 3 and some Consulates will send some of the forms in Packet 3 and some of the forms in Packet 4 DON’T WORRY. The most important step of Packet 3 is to complete the Form OF 169 (the Checklist Form) and either mail it, hand deliver it, or fax it to the Consulate.





Instructions for Completing Packet 3 Step 1: Obtain each of the following documents. As you receive them, check off the appropriate box on the Form OF 169:

1) Passport 2) Photographs 3) Medical Examination 4) Birth Certificate 5) Evidence in Lieu of unobtainable Birth Certificate 6) Police Certificates 7) Court and Prison Records 8) Military Records 9) Divorce and Death Certificates 10) Evidence of Support 11) Documents for Accompanying Child / Children 12) Translations

Step 2: Complete in duplicate but Do Not Sign the enclosed forms DS-156 and a single copy of the supplemental form attached to it. Complete this step for each child included in the petition. Step 3: When you have completed the first 2 steps, sign page 4 of OF 169 (the checklist form) and mail or fax the form back to the Consulate. Be certain that you have placed a check mark in the boxes under step 2 for each document that you have obtained. The Consulate will then send you packet 4 with information containing you interview date and medical examination information.





Vaccination Requirements

Recent changes to United States immigration law now require immigrant visa applicants to obtain certain vaccinations (listed below) prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are now required to verify that immigrant visa applicants have met the new vaccination requirement, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations: • Mumps • Measles • Rubella • polio • tetanus and diphtheria toxoids • pertussis • influenzae type b (Hib) • hepatitis B • varicella • pneumococcal and • influenza In order to assist the panel physician, and to avoid delays in the processing of an immigrant visa, all immigrant visa applicants should have their vaccination records available for the panel physician's review at the time of the immigrant medical examination. Visa applicants should consult with their regular health care provider to obtain a copy of their immunization record, if one is available. If you do not have a vaccination record, the panel physician will work with you to determine which vaccinations you may need to meet the requirement. Certain waivers of the vaccination requirement are available upon the recommendation of the panel physician. Only a physician can determine which of the listed vaccinations are medically appropriate for you, given your age, medical history and current medical condition.




Step 7: Packet 4 from the American Consulate

Once the American Consulate has received the completed Packet 3, they will send your fiancé Packet 4. Contents of Packet 4: • Packet 4 Cover Letter • Interview Date – This is the date that your fiancé and her children (if applicable) will be

required to appear at the American Consulate to present their documents, answer a few interview questions and receive their K-1 Visa (and K-2 visa for the children, if applicable)

• Form OF 171 – Instructions for Interview Instructions for completing Packet 4: Depending on what forms the Consulate sent your fiancé in Packet 3, you may not have to do anything else besides show up for the interview. To review, you will need the following for the interview: 1) All of the documents in Form OF 169 (the Checklist Form) 2) 2 copies of Form DS 156 for each person traveling (Fiance and any children) 3) Completed and Signed Form OF 230 Part 1 4) Completed but not signed Form OF 230 Part 2 5) Medical Examination Results. 6) The immigrant visa fee is US$325 acceptable in U.S. Dollars or foreign currency.




Step 8: The Interview

What to Bring to the Interview Your fiancé will want to bring the following documents to the interview: • Valid passport • Birth certificate • Divorce or death certificate of any previous spouse • Police certificate from all places lived since age 16 • Medical examination • Evidence of support – Form I-134 Affidavit of Support, U.S. Citizen’s most recent tax return,

U.S. Citizen’s letter from employer • Evidence of valid relationship with the petitioner - pictures together, letters, phone bills • Photographs




Step 8 – The Interview

Sample Interview Questions Sample Interview Questions for the K-1 Fiancé Visa Beneficiary (Alien): 1. How did you meet your fiancé? 2. How long have you known your fiancé? 3. Where does your fiancé live? 4. What does your fiancé do for a living? 5. When did your fiancé propose to you? 6. How did your fiancé propose to you? 7. When is the wedding? 8. Where is the wedding? 9. How many people are invited to the wedding? 10. Will you have a honeymoon? If yes, where?




Step 9: Arriving in the U.S.

Requesting Temporary Work Authorization

When your fiancé arrives in the U.S., an USCIS Officer will greet him or her. Your fiancé should request an EAD (Employment Authorization Document), if desired. This will allow your fiancé to work for 90 days. When you file for adjustment of status after you marry, you will file for another EAD good for 12 months or until your fiancé receives her conditional Green Card, which will give her permanent work authorization. When your fiancé receives work authorization, she will be eligible to apply for and receive a social security number.




Step 10: How to Adjust Status to Permanent Resident and Obtain a Conditional Green Card

The process below is simply meant to be an overview of the process of applying for adjustment of status. For a more detailed version see our title: “How to apply for and obtain a Green Card by Marriage to a U.S. Citizen.” Step1: Marry within 90 days and obtain a marriage certificate. Step 2: File for Adjustment of Status with your local USCIS office. File the following USCIS Forms: I-129F Approval I-485 G325A – U.S. Citizen G325A – Alien Spouse I-765 – Work Authorization Form I-864 – Affidavit of Support I-693 - Medical Examination Form I-131 – Advance Parole - optional Step 3: You will obtain work authorization within 90 days. You will also obtain an interview date, which will be approximately 12 months from the date of filing. Step 4: At the interview the alien spouse will receive a conditional Green Card. Step 5: Within 90 days of 2 years after the interview, you may file form I-751 with the USCIS, which is an application to remove conditional status.




Chapter 3: USCIS Addresses and Telephone Numbers

USCIS Filing Address for the I-129F petition

The USCIS Dallas Lockbox

For U.S. Postal Service:

USCIS P.O. Box 660151 Dallas, TX 75266

For Express mail and courier deliveries:





Chapter 4: United States Embassies and Consulates Please check the American Embassy and Consulate Websites for updated contact information: http://usembassy.state.gov/



http://usembassy.state.gov/


Sample Forms – See Attached Sample Forms Folder

USCIS Forms:

USCIS Form I-129F - Petition for Alien Fiancé USCIS Form G-325A – Biographic Data – U.S. Citizen USCIS Form G-325A – Biographic Data – Alien Fiancé USCIS Form I-134 - Affidavit of Support

USCIS Form I-824 – Application for Action on Approved Application or Petition Sample Form I-797 - Notice of Receipt Sample Form I-797 – Notice of Approval Official USCIS Photographs Specification 2011 USCIS Poverty Guidelines – I-864P Packets 3 & 4 from American Consulate: Form DS-156 – Application for Nonimmigrant visa

Form DS-156K – Application for Nonimmigrant visa Form DSL 1083 – Police Certificate request Instructions for Medical Examination Packet 4 Cover Letter Form OF 171 – Instructions for Interview




Blank Fillable Forms - See Attached Blank Fillable Forms Folder

USCIS Forms: - See Attached Blank Fillable Forms Folder

USCIS Form I-129F - Petition for Alien Fiancé USCIS Form G-325A – Biographic Data – U.S. Citizen USCIS Form G-325A – Biographic Data – Alien Fiancé USCIS Form I-134 - Affidavit of Support

USCIS Form I-824 – Application for Action on Approved Application or Petition Form DS-156K – Application for Nonimmigrant visa (fiancé)

Packets 3 & 4 from American Consulate:

Please click on the following link:

Form DS-156 – Application for Nonimmigrant visa – Electronic Filing



https://evisaforms.state.gov/ds156.asp

https://evisaforms.state.gov/ds156.asp