Wednesday, November 20, 2013

Part 2 : How to apply for a K-1 fiance(e) visa of a U.S. citizen

The First Step: Filing the Petition 

You, the U.S. citizen sponsor, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS office that serves the area where you live. Further information is available on the USCIS website under Fiancé(e) Visas.

Eligibility Requirements 

If you petition for a fiancé(e) visa, you must show that:

  • You (the petitioner) are a U.S. citizen. 
  • You intend to marry within 90 days of your fiancé(e) entering the United States. 
  • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment. 
  • You met each other, in person, at least once within 2 years of filing your petition.

http://travel.state.gov/visa/immigrants/types/types_2994.html

http://www.uscis.gov/family/family-us-citizens/fiancee-visa/fiancee-visas

Forms Needed to File for a K-1 Visa: 

1. I-129F | Petition for Alien Fiancé(e) 

a. Form I-129F
    http://www.uscis.gov/sites/default/files/files/form/i-129f.pdf

b. Instructions for Form I-129F
    http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

c. Form G-1145, Notification of Acceptance of Application/Petition
    http://www.uscis.gov/sites/default/files/files/form/g-1145.pdf 

How to pay 


Use the following guidance when paying filing, biometrics, or other fees to USCIS:
  • Bank drafts, cashier's checks, certified checks, personal checks and money orders must be drawn on U.S. financial institutions and payable in U.S. funds. 
  • If you live in the United States or its territories, make the check or money order payable to U.S. Department of Homeland Security (not "USDHS" or "DHS"). 
  • If you live outside the United States or its territories, and are filing your application or petition where you live, contact the nearest U.S. Embassy or consulate for instructions on the method of payment.
Credit Cards USCIS accepts credit cards in all domestic Field Offices that accept payments. Accepted cards include Visa®, Mastercard®, American Express®, and Discover® Network.

Where to File 

File Form I-129F at the USCIS Dallas Lockbox facility:

For U.S. Postal Service (USPS):

USCIS
P.O. Box 660151
Dallas, TX 75266

For USPS Express Mail and courier deliveries:

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

2. G 325A | Biographic Information 


http://www.uscis.gov/sites/default/files/files/form/g-325a.pdf


Assembling the I-129F Package: 

http://angienfrank.blogspot.com/2006/04/k-1-visa-arrangement-of-documents.html

Checklist frequent questions 
Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated)

1. Payment as required by USCIS. 

Use a personal check so you can track the payment. Money Orders are also accepted.


Please Note:
Personal checks must be pre-printed with the name of the bank and the account holder. Also, the account holder’s address and phone number must be pre-printed, typed or written in ink on the check. All checks must be typed or written in ink.

(1) Write the date you are filling out the check including: day, month and year.
(2) On the "Pay to the Order of" line write: "U.S. Department of Homeland Security."
(3) Write in numbers the exact dollar amount of the fee for the service you are requesting. In the example, the amount is "$595.00."
(4) Spell out the exact dollar amount of the fee for the service you are requesting. The "cents" portion of the amount should be written as a fraction over 100. In this example, the amount is "Five hundred ninety-five and 00/100."
(5)  Write a brief description of the purpose of your payment. In this example, it is "N-400 application fee." (6) Sign the check using your legal signature.


2. Cover Letter. 

Should include a description of what your are petitioning for (I-129F), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.



3. Form I-129F: Petition for Alien Fiance(e)


http://www.uscis.gov/sites/default/files/files/form/i-129f.pdf



4. Declaration of how you met in person in the last two years.

For question #18, put "see continuation pages" and enclose a clearly labeled page or pages with the above information. You both don't need to sign it, but you (the petitioner) can. Mark additional sheet as "I-129F Supplement part B; Question 18 : Have your fiance(e) met and see you


http://www.visajourney.com/forums/topic/354023-declaration-of-how-we-met-in-person-within-the-last-2-years/

5. Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1.



6. Proof of having met in past two years.

(1) Copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file.

(2) Color Photo's of you and your fiance(e) together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo's. If you only have a single copy of the photo, then make a color copy and send that. If it is a digital photo, have it printed at a local photo store such as Walgreens (if at all possible) or if not on a high quality printer. Place photo's in a plastic bag or photo sheet and label the sheet. Note that you may not receive originals of photo's back.

(3) The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of land line and cell phone bills, appropriate letters and emails, stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)

7. G-325A filled out by the US Citizen signed and dated.

http://www.uscis.gov/g-325a

8. One passport-type photo of the US Citizen. 

Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

9. G-325A filled out by the foreign fiance(e) signed and dated. 

10. One passport-type photo of the foreign fiance(e).

Write the full name of the foreign fiance(e) on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance(e) name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

11. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship.

12. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married. 

If the previous marriage of the US Citizen and/or foreign fiance(e) ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact.

13. Proof of Legal Name Change if either the US Citizen and/or foreign fiance(e) is using a name other than that shown on the relevant documents.

You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order.

14. In regards to Section C Question 2, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA).

 See section 9 of the I-129f instructions for more information.

http://www.visajourney.com/content/k1guide

General Tips on Assembling Applications for Mailing

Mark both the envelope and the cover letter as to the nature of the submission.

Example:
ORIGINAL SUBMISSION

Use the appropriate mailing address and mark both the envelope and the cover letter as to the form type.

Example:
I-129

In preparing your packet, please take note of the following:
  • Do not use binders or folders that cannot be easily disassembled. 
  • Use ACCO fasteners to hold together thick or bulky applications or petitions. 
  • Two-hole punching the top of the material for easy placement in the file is appreciated. 
  • The use of tabs assist in locating items listed as attachments. The tabs should be placed on the bottom and not the side for ease in filing. 
  • Avoid using heavy-duty staples; instead use ACCO fasteners or heavy clips. 
  • Avoid submitting originals unless specifically required. 
  • Avoid submitting oversized documentation when possible. If you are sending more than one case in an envelope, clearly separate the cases by rubber band or clip fasteners. 
  • Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate. The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is: Certification by Translator I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________. Signature_________________________________ Date Typed Name Address 
  • USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications. At the discretion of the officer, original documents may still be required in individual cases
http://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing



IMPORTANT! 
Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence.

What to send to your fiance(e) once the I-129F is approved (Receive NOA2):

1. A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one). Your fiance(e) should review this information in advance of the interview (the embassy will have copies of this as well).

2. Send copies of the documentary proof that you submitted with the I-129F for your fiance(e) to have on hand for their interview at the embassy. Your fiance(e) should review this information in advance of the interview (the embassy will have copies of this as well).

3. Send an original letter affirming your desire to marry your fiance(e) and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F).

4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.

5. You will need several items (for the above form). Gather duplicate evidence of income and resources as appropriate:

    a.  Statement from an officer of the bank/financial institution with your deposits, identifying the following:
  • date account opened; 
  • total amount deposited for the past year; 
  • present balance 
    b. Statement(s) from your employer on business stationary showing:\

Date and nature of employment
  • salary paid; 
  • whether position is temporary or permanent (also include copies of your last two pay stubs and your previous W-2 for the associated employer if available) 

    c. If Self Employed: 
  • Copy of last income tax return filed (or IRS transcripts); or 
  • report of commercial rating concern 
   d. List containing serial numbers and denominations of bonds and name of record owner(s). 

Begin collecting these ASAP after your NOA2 arrives. See this FAQ for more tips and useful information on the Affidavit of Support Form. 

6. A copy of the NOA2 that you received in the mail. (backup information; the embassy will have copies of this as well)

7. Proof of your ongoing relationship.

This needs to be taken to the interview! Include photos, travel documents, emails, online chat logs (pick several over the prior few months), etc.. from between the time you filed and present (NOA1 until date-now). Examples: Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)

http://www.visajourney.com/content/k1guide

... to be continued




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