THE K1/K2 VISA APPLICATION PROCESS completed by the Fiance(e)
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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)... Exactly 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 my fiance(e) start gathering documents and information right away to "speed things along?"
4.3.3)... What vaccinations are required and is it better to have had these done prior to the interview at the embassy?
4.3.4)... What should I bring with me to the interview?
4.4)... When is the K1 visa actually given to my fiance(e)?
4.4.1)... Must the K2 child attend the interview at the Consulate?
4.4.2)... Are K2 children required to have their own passports?
Section 4.0...THE K1/K2 VISA APPLICATION PROCESS completed by the Fiance(e)
4.1)...How long after the approval of the I-129F petition does the fiance(e) wait to get the paperwork?
A..This can take awhile...as of 2003, BCIS (INS) Service Centers send the approved petition information to the NVC (National Visa Center), for transmittal to the Consulates. The foreign Consulate then forwards the paperwork to the fiance(e).
Note about the Philippine process
The Consulate in Manilla is a very busy place and the procedures for K1/K2 and K3/K4 processing are nearly unique.
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4.2)...Can the foreign consulate be notified any faster???
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.
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4.3)...What type of paperwork does the fiance(e) receive from the Consulate?
A...Exactly what gets sent will vary depending on the Consulate, but the first packet to arrive will most likely contain the following:
- DS-2001 (or 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.
- DS-230 or OF-230 Part 1 -- biographical data sheet.
- DS-156 -- Nonimmigrant visa application form
- DS-156K -- Nonimmigrant fiance(e) visa application
- DS-157 -- Supplemental Nonimmigrant Visa Application (for all males between ages of 16 and 45)
- You may, at this time, receive medical exam information, and a list of required immunizations.
- DSL-1083 -- An information sheet about police certificates, military records and more.
In December, 2001, the State Department announced a change in the name of Packets 3 and 4, which were the instructions, forms and appointment information. They are now refered to as "Instruction Package" and "Appointment Package". Some of the forms are renamed slightly as well, so if the exact form numbers are different, just follow the instructions.
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4.3.1)...What does the fiance(e) do with all these papers?
A..The process is not exactly the same for all countries, but works generally like this:
- Read the instructions on the checklist and look over all the forms.
- Fill out and sign the DS-230 (OF-230) Part 1 biographical data sheet and send it back to the Consulate, one for the fiance(e) and one for each K2 child. This allows the Consulate to begin actual processing of your case.
- Look over the DS-2001 (or UK/85 or OF-169) checklist, which contains a list of items for you to gather for the interview. It will list items such as (but not limited to):
- Passport
- Birth Certificate
- Divorce decree
- Police Certificate
- Photographs
- Evidence of Support (use the I-134 from the US Citizen)
- Military Records
- Any requirements for translations of foreign language documents.
- When you have gathered all the required items from the OF-169 checklist, you will sign it and send the checklist to the Consulate. Do NOT send any of the listed items.....keep them for the interview. Hang on to the DS-156 and 156K application forms. Fill them out but do NOT sign them until the interview itself, as the signatures must be witnessed by the Consular official.
- You will receive an information sheet about financial support (OF-167). The US Citizen NEEDS TO KNOW if the Consulate requires any special documentation with the I-134 (i.e. 3 years of income tax returns instead of just one). The I-134 Affidavit is filled out by the US Citizen when used for K1 visa applications. The US Citizen should already have it completed by this stage. If there are K2 children involved, a separate I-134 affidavit is not required for them, as the K2 children are listed on the I-134 along with the foreign fiance(e).
- After the Consulate receives the signed DS-2001 (OF-169) checklist, and the background checks have been completed, they will send out another packet to the fiance(e). This will set the date for the interview, and give information regarding the physical exam, including a list of "approved physicians". Also included will be the OF-157, the medical exam instructions (if not already received with the first packet).
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).
- The "timing" of the medical exam varies, depending on the Consulate.
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4.3.2)...Can the fiance(e) start gathering documents and information right away to "speed things along?"
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. The fiance(e) also needs a passport, valid for at least 6 months from the time the visa is issued.
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4.3.3)...What vaccinations are required and is it better to have had these done prior to the interview at the embassy?
A...The actual list of vaccinations given to the fiance(e) is rather long, and US government agencies publish these lists, however, depending on your age and previous history, you may only need a few of them, perhaps none at all.
A...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.
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4.3.4)...What should I bring with me to the interview?
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 be prepared.
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4.4)...When is the K1 visa actually given to my fiance(e)?
A..This will vary wildly according to the individual consulate. Some will issue the visa immediately. In the Philippines, procedures changed, with visas sent by courier service.
The visa is given along with a sealed envelope of documents which must be given to the BCIS (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.
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4.4.1)...Must the K2 child attend the interview at the Consulate?
A...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.
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4.4.2)...Are K2 children required to have their own passports?
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.
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Updated February 22
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Appendix...(Definitions of terms, form numbers, abbreviations)
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