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序 号: 22889
标 题: The K-3 & K-4 Visa: The Interview (2千字)
发 信 人: ynot [发短消息]
时 间: 2001-10-17 13:00:40
详细信息: [只看帖主]Packet #4 is the appointment letter for the interview and the information regarding the medical exam, which your spouse should receive after returning the checklist to the consulate.
Here are the things that your spouse may have to bring to the interview, this is not an exact list, it may vary according to the country you are from.
A certified copy of the birth certificate and any divorce certificates or previous marriage certificates, plus a certified copy of the current marriage certificate..(long-form if your country has long and short forms), plus translations of any of these that are not in English.
A copy of the military record.
A passport valid for at least 6 months (I recommend 5 years if possible, that way you have it for a while in the US)
A police certificate for everywhere the spouse has lived since age 16, please note that some countries do not require a police certificate as they are not available in that country.
Tip: you can find individual country links for information on how to get military records, police certificates, birth certificates, and previous marriage and divorce certificates at the US State Department Visa Reciprocity Page. <-- After clicking this link, click the link at the top of the page for the letter for the foreign country, and then select your country. Pan down the page to below the table and you will find all kinds of information on how to get these in your country. This is an excellent resource for getting foreign documents that meet state department criteria for the interview.
The envelope of forms from the medical examination.
Four color photographs (spouse should note what style they want, adit or passport), it varies by consulate)
Evidence of support in the US--(affidavit of support: I-134), including the supporting documents for the I-134. This should be an original, notarized signed I-134 which the US spouse has mailed to the foreign spouse.
money for the visa...it will be $45 USD or the equivalent in the foreign country's currency...they should indicate in the packet which type of currency they prefer. The consulate may (or may not) have special payment procedures which will be outlined in packet #4.
Proof of the relationship. The spouse should also bring as many originals of proof of your relationship as possible to the interview, including letters, e-mails, meeting in person, wedding and other pictures, plane boarding passes, copies of passport stamps, and the like. It is far better to be over-prepared than underprepared!
The original certified copy of any other official document that was submitted only as a plain photocopy in the original petition.
You can find more information about the consulate side of this process on the K-1 pages on this site, as the process is very similar.
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- K-3 In a Nutshell (502字)(ynot 2001-10-17 12:56 阅读 7116)1. Citizen spouse files I-130 to Service Center. Obtains notice of receipt from Service Center, files I-129F to Chicago Center.
2. Chicago sends I-129F to Missouri Center, Missouri approves the petition and forwards to foreign US consulate.
3. Consulate sends Packet #3 to foreign spouse, spouse gets medical exam, police certificate, documents, has interview scheduled.
4. Spouse gets K3 visa at interview, enters US as K3, applies for adjustment of status, even if the I-130 is not yet approved.
- . (1千字)(ynot 2001-10-17 12:58 阅读 7122)The K3 and K4 visas are for the spouse and children of foreign spouse, to enable entrance into the US before the I-130 petition is approved. Read the requirements for the K3 and K4 visa from the Federal Register. The K3 visa is for the spouse, the K4 visa is for the children of the spouse. I-130 petitions normally take longer to process, and the goal of the K3 and K4 visa is to permit the spouse and children of the spouse to enter the US more quickly, in order to assist in preserving family unity.
Here is the sequence of events for the K-3 Visa petition:
1. US citizen spouse files an I-130 to the Service Center for your foreign spouse. If you are not familiar with an I-130 petition, read information at this site on how to file an I-130.
2. US citizen spouse receives a notice of action (or notice of receipt) from the Service Center for the I-130 petition.
3. US citizen spouse then sends a copy of the notice of action with a completed I-129F form and $95 fee to the Chicago INS address on the I-129F petition form.
4. The Chicago office checks the petition, deposits the $95 fee, and sends the petition on to the Missouri Service Center. The U.S. citizen petitioner initially receives a notice of receipt from the Chicago office and later a notice of approval.
5. Missouri Service Center approves the petition and forwards it to the US consulate.
- The K-3 & K-4 Visa: After approval (3千字)(ynot 2001-10-17 12:59 阅读 7087)After the K-3 I-129F petition has been approved, it is forwarded to the foreign US consulate.
On the consulate side of things, the foreign spouse completes a process virtually identical to the K-1 process: receives a packet of forms/documents, gets a medical exam and police certificate, attends an interview, and gets the K3 visa. You can find information about this phase of the process below:
The US spouse can be readying the I-134 affidavit of support and getting the documents to go with it, especially the employer letter. Also, for any document that you sent a regular photocopy in with the petition, send the original or certified copy to the spouse for the interview (don't send your passport, however). The foreign spouse could be asked to present originals for anything that you sent a copy of in the original petition.
The foreign spouse should be getting a long-form certified birth certificate and any divorce certificates PLUS have him/her obtain a translations of these into English fpr the interview (keep originals of these for when you file adjustment of status, the foreign spouse should take an original and a copy to the interview, show the original, but give them the copy to keep). Also, if his/her country allows it (many do allow this without a special form from the consulate, however some don't), he/she should go ahead and obtain a copy of the police record for the interview, and if the spouse has been in the military he/she will also need a copy of the military record. Your spouse should get a passport that is good for at least 6 months, preferably 5 years, if he/she does not already have one. If you already know what kind of pictures will be required for the interview (adit or passport) the foreign spouse can go ahead and have these pictures made.
The consulate will send the foreign spouse packet #3. The forms in the packet #3 may vary somewhat by country, so may not be not exactly like the ones mentioned below.
OF-169 or UK/85 -- This is your main set of instructions. It is also a checklist of items required for the interview.
OF-167 -- information sheet about financial responsibility. You may also receive an I-134 Affidavit of Support form.
OF-230 Part 1 -- biographical data sheet.
OF-156 -- Non-Immigrant visa application form
OF-156K -- Non-Immigrant spouse visa application
You may, at this time, receive OF-157, medical exam information, and a list of required immunizations.
DSL-1083 -- An information sheet about police certificates, military records and more.
You can VIEW some of the above forms HERE.
The spouse should fill out and sign the OF-230 Part 1 biographical data sheet and send it back to the Consulate, This allows the Consulate to begin actual processing of the case.
When the spouse has all of the required items from the OF-169 (or UK/85) checklist, he/she should sign it and send the checklist to the Consulate, but should NOT send any of the listed items on the form.....these are to be presented in person at the interview. The OF-156 and OF-156K application forms should be filled out but NOT signed until the interview (the signatures must be witnessed by the Consular official.) If your spouse has all of the items on the checklist at the time packet #3 is received, he/she can send both the OF-230 Part 1 and the checklist back to the consulate at the same time, thus allowing them to schedule the interview.
- The K-3 & K-4 Visa: The Interview (2千字)(ynot 2001-10-17 13:00 阅读 7000)
- The K-3 & K-4 Visas: Adjustment of Status (2千字)(ynot 2001-10-17 13:03 阅读 7246)There are two options for adjustment of status on the K3/K4 visa:
A. Adjust status inside the US after entry on a K3/K4: The foreign spouse enters the US as a K3 and can file for adjustment of status at the local INS office. The spouse does NOT have to wait for I-130 approval, according to the law. The spouse will need the copy of the notice of approval of the K3 visa in order to file for AOS, but the I-130 does not have to be approved at the time AOS is filed. Please note that the spouse/child who enters on K3/K4 status will have valid status for a period of 2 years (or up to the 21st birthday or marriage of the child, whichever comes first). The K4 child must remain unmarried until adjustment of status. The K3/K4 can file adjustment of status any time during that 2-year period. However, if they choose to work, they will have to show that they are actively pursuing adjustment of status.
B. Obtain an immigrant visa at the home country consulate and then enter the US fully adjusted to resident status: The K3/K4 can do consular processing in the foreign home country after the I-130 is approved. Read about this option at the State Department Federal Register post of 4/16/01, and on the INS website.
ALL K-visa holders are ONLY eligible for adjustment of status based on the K3 marriage to the original petitioner. This means that if there is a divorce prior to the adjustment of status, the K3 and dependent K4 visa holder have NO options for adjustment of status and cannot change to another visa status, but instead will have to leave the US. Further, no holder of another non-immigrant visa can change to K3 or K4 status while inside the US.
Work authorization: The important things to know about work authorization for K3 and K4 visa holders are:
A. the K3/k4 can get work authorization before they apply for adjustment of status,
B. however will have to apply for work authorization by mail, and
C. should be SURE to send ADIT pictures with that application, along with $100.
D. Note that for renewal of EAD, the K3/K4 who has not applied for AOS will have to provide proof that intent still remains to file for adjustment of status.
Travel outside the US while in K3 or K4 status: K3 and K4 visa holders do NOT need advance parole to travel outside the US while they are in valid K3/K4 status. Departure from the US does not cause abandonment of the petition, and the INS presumes that they intend to return to the US and resume residence.
Affidavit of Support: The K3 and K4 visa holder must have an I-864 affdavit of support filed at the time adjustment of status is filed.
Medical Examination: The K3 and K4 visa holders do NOT need another medical examination if they file adjustment of status within the first year after the medical examination they had prior to the K3/K4 visa interview.