[Michu]

K-1, K-3, Direct Consular Filing

Da gerade in letzter Zeit immer wieder Frage auftauchen, wie die Voraussetzungen und Bestimmungen sind, entweder wenn man Verlobt oder Verheiratet ist mit einem US-Citizen, habe ich nachfolgend die Bestimmungen zu:

K-1 Visum - Verlobten-
K-3 Visum - Verheirateten-
DIRECT CONSULAR FILING -DCF-

nach aktuellem Stand zusammengefasst.

Es werden die notwendigen Schritte beschrieben, mit den erforderlichen Forms, einschliesslich der Gebuehren.

Sollten Fehler bemerkt werden, bitte ich um kurze Mitteilung.

Gruss
Michael

[Michu]

Spouse and Fiance(e) of an American Citizen

Spouse - If you are an American citizen you have two ways to bring your foreign spouse (husband or wife) to the United States to live. They are:

• Immigrant visa for a Spouse of a U.S. Citizen (IR1 or CR1) - An immigrant Petition for Alien Relative, Form I-130 is required.

• Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case.

• Two petitions are required:
  • Petition for Alien Relative, Form 1-130; and
  • Petition for Alien Fiancé(e), Form I-129F

Fiancé(e) - If you are an American citizen, you may bring your fiancé(e) to the United States to marry and live here.

• Nonimmigrant visa for fiancé(e) (K-1) - To travel to the United States for marriage. An
  I-129F fiancé(e) petition is required.

http://travel.state.gov/visa/immigrants/types/types_1315.html

Gruss
Michael

[Michu]

Immigrant Visa for a Spouse (IR1 or CR1)

How Does My Spouse (Husband/Wife) Get an Immigrant Visa?
The first step is to file a Petition for Alien Relative, Form I-130 for your spouse (husband or wife) to immigrate to the United States.

http://www.uscis.gov/graphics/formsfee/forms/files/i-130.pdf = $190

You file the petition with the Department of Homeland Security, U.S. Citizenship and Immigrations Services (USCIS) immigration Field Office in the United States that serves the area where you live.

http://www.uscis.gov/graphics/fieldoffices/service_centers/index.htm

For instructions on how to file a petition see Petitioning Procedures: Bringing a Spouse (Husband of Wife) to Live in the United States
Sometimes a U.S. citizen living abroad can file an immigrant visa petition at an U.S. embassy or consulate (post). To find out whether you can file a petition at a specific post abroad, you must ask that post. For information on how to contact the post, please select U.S. embassy or consulate abroad:

http://usembassy.state.gov/

What is a “Spouse”?
A spouse is a legally wedded husband or wife. Merely living together does not qualify a marriage for immigration. Common-law spouses may qualify as spouses for immigration, but only if the laws of the country where the common-law marriage occurs recognizes common-law marriages and grants them all the same rights and obligations as a traditional marriage. In cases of polygamy, only the first spouse may qualify as a spouse for immigration.

Minimum Age Requirement for the Petitioner
There is no minimum age to file a petition for a spouse for immigration. However, you must be 18 years of age and have a domicile in the U.S. before you can sign the Affidavit of Support, Form I-864, and this form is required for an immigrant visa for spouses and other relatives of U.S. sponsors.

U.S. Domicile Is Required
You must have a domicile (residence) in the United States before we can issue an immigrant visa to your spouse. This is because a U.S. domicile is required to file an Affidavit of Support, Form I-864, and this form is required for all Spouse of a U.S. Citizen (IR-1) immigration cases.

What Does the National Visa Center Do?
After a Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) office in the United States approves the petition, it sends the petition to the National Visa Center (NVC). NVC does the following:

• Assigns a case number
• Sends Form DS-3032 Choice of Address and Agent http://foia.state.gov/FORMS/visa/ds3032.pdf to the applicant (your spouse). The applicant selects an agent. The agent can be anyone, including the applicant. The NVC will mail all future letters (except for the Affidavit of Support, Form I-864) about processing the immigrant visa case to the agent. Make sure the postal address is correct and is kept up-to-date.
• Sends the bill for the Form I-864 Affidavit of Support processing to the petitioner
• Sends the Form I-864, Affidavit of Support to the petitioner after the petitioner pays the I-864 processing fee
• Sends the bill for immigrant visa (IV) processing fee to the agent after the applicant sends form DS-3032 Choice of Address and Agent, to the NVC
• Sends an instruction package to the agent after the agent pays the immigrant visa application processing fee, form DS-230
• Reviews information for technical correctness and completeness.
• Sends the petition to the embassy or consulate where the applicant will apply for a visa when the case file is complete

Note: It is important to follow instructions from the NVC carefully. Send the NVC only those things that it asks for.

How Do I Pay the Fees for the National Visa Center (NVC) Services?
The NVC sends bills for certain fees at the appropriate time in the immigrant visa process. It sends bills for these services to the following people:

• Bill for processing the I-864, Affidavit of Support to the petitioner
• Bill for immigrant visa processing to the agent

The NVC sends a correctly addressed, return envelope with the bills.
Remember these important things:

• It is important that you use the return envelope provided to you, when paying the fees
• Don't forget to put the correct postage on the envelope
• Don't pay the bill until the NVC tells you to do so
• Don't send payments to the NVC at Portsmouth, New Hampshire

For further information see National Visa Center:

http://travel.state.gov/visa/immigrants/types/types_1309.html

Upgrading a Petition - If You Were an LPR and Now are an American Citizen
If you filed a petition for your spouse when you were a lawful permanent resident (LPR), and now you are an U.S. citizen, you must upgrade the petition from family second preference (F2) to immediate relative (IR). You can do this by sending proof of your citizenship to the National Visa Center (NVC). To prove that you are a U.S. citizen, you can send:

• A copy of the biodata page of your U.S. passport; or
• A copy of your certificate of naturalization

If you are now a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent's F2 petition. A child is not included in his/her parent's IR petition.

Applying for a Visa
An appointment package is sent to the agent or the applicant. (See note below.) The appointment package gives the applicant an interview date and tells you the specific requirements of the visa. It includes instructions on where to go to have the required medical examination. In general, the following is required:

• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States .
• Birth certificate
• Divorce or death certificate of any previous spouse
• Marriage certificate
• Police certificate from all places lived since age 16
• Medical examination
• Evidence of financial support. A completed Form I-864 Affidavit of Support from petitioner/ sponsor is required.

http://www.uscis.gov/graphics/formsfee/forms/i-864.htm = $0

• Application for Immigrant Visa and Alien Registration, Form DS-230:

http://foia.state.gov/FORMS/visa/ds0230.pdf both Part I and Part II = $335

• Two immigrant visa photos
• Proof of the marriage and the husband/wife relationship
• Payment of immigrant processing fees, as explained below

An applicant may bring marriage photographs and other proof that the marriage is genuine. Documents in foreign languages should be translated. The consular officer may ask for more information.
Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the immigrant visa interview. Original documents can then be returned to you.

Note: The National Visa Center sends appointment packages to the agent for applicants in certain countries when the petitions are filed in the United States . The embassy or consulate sends appointment packages to applicants in all other countries. It also sends appointment packages to all applicants whose petitions are already at the embassy or consulate.

Fees - How Much Does It Cost?
Fees are charged for the following services:

• Filing an immigrant Petition for Alien Relative, form I-130 = $190
• Processing an immigrant visa application, for DS-230 = $335
• Reviewing an I-864, Affidavit of Support (for petitions filed in the United States ) = $0
• Medical examination (costs vary from place to place)
• Fingerprinting fees, if applicable = $70
• Other costs may include translation and photocopying charges, fees for getting the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.) and travel expenses to go to the embassy or consulate for the interview. Costs vary from country to country and case to case.

For current fees for Department of State government services select Fees.

Vaccination Requirements
In general, applicants for immigrant visas are required to have all of the following vaccinations:

• Mumps
• Measles
• Rubella
• Polio
• Tetanus and diptheria toxoids
• Pertussis
• Influenza type B
• Hepatitis B
• Varicella
• Pneumococcal

http://www.usembassy.org.uk/cons_new/visa/iv/vaccinechart.html

Bring your vaccination records to the immigrant visa medical examination, if you have them. The panel physician decides which vaccinations you will need, appropriate to your age, medical condition and medical history.

Does a Child Have Derivative Status?
No. A child does not have derivative status in an immediate relative (IR) petition. This is different from the family second preference (F2) petition. A child is included in his/her parent’s F2 petition. A child is not included in his/her parent's IR petition.

If you are a U.S. citizen, you must file separate immigrant visa petitions for each of your children. If you upgrade a family second preference (F2) petition for your spouse and you did not file separate petitions for your children when you were a lawful permanent resident (LPR), you must do so now.

Remember that children born abroad after you became a U.S. citizen may qualify for U.S. citizenship. They should apply for U.S. passports. The consular officer will decide whether your child is a U.S. citizen and can have a passport. If the consular officer decides your child is not U.S. citizen, the child must apply for an immigrant visa if he/she wants to live in the U.S.

Termination of All Previous Marriages
U.S. law does not allow polygamy. If you were married before, you and your spouse must both show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you can file only for your first spouse.

What Is Conditional Residence?
If you have been married for less than two years when your spouse enters the United States on an immigrant visa, the permanent resident status is considered “conditional.” The immigrant visa is a CR ( conditional resident ) visa, not an IR ( immediate relative ) visa.

You and your spouse must apply together to the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) to remove the “condition” within the ninety days before the two year anniversary of your spouse’s entry into the United States on an immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card).

How Do I Remove the Conditions on Permanent Residence Based on Marriage:
http://www.uscis.gov/graphics/howdoi/remcond.htm

How Long Does It Take?
The length of time varies from case to case according to its circumstances, and cannot be predicted for individual cases with any accuracy. Some cases are delayed because the applicants do not follow instructions carefully. Sometimes the petitioner cannot meet Affidavit of Support requirements. In addition, the consular section may need to get a security clearance for the applicant. Security clearances take time.

What Can Be Done If the Petition Gets Lost?
We don’t want this to happen, but occasionally it does. Files can get misfiled; shipments of visa files have been lost. Usually a misfiled petition can be located, but in an emergency an embassy or consulate can issue a visa from the computer record and an original Notice of Action approval (Form I-797) from the U.S. Citizenship and Immigration Services (USCIS).
Give the consular section time to locate the file, and it probably will. But all is not lost if the petition is really gone. Be sure to keep all correspondence you receive from the USCIS.

What If the Applicant Is Ineligible for a Visa?
Certain conditions and activities may make you, the applicant, ineligible for a visa. Examples of these ineligibilities are:

• Drug trafficking
• Having HIV/AIDS
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the government
• Submitting fraudulent documents

The consular officer will inform you if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. See Classes of Aliens Ineligible to Receive Visas for more information:

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

How Do I Find the Regulations about Immigrant Visas?
To read the relevant Department of State regulations on immigrant visas in 9 FAM 40.1 Note 1 and 9 FAM 42, select Foreign Affairs Manual (FAM).

http://foia.state.gov/REGS/Search.asp

How to Apply for a Social Security Number Card
Before your spouse arrives in the United States, you can help them learn how to apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration.

http://www.ssa.gov/ssnvisa/help_immigrant.htm

General Visa Questions

• Notice: Before submitting your inquiry, we request that you carefully review this web site. Very often you will find the information you need. Often, the answers to questions are easily found on the internet, and this impacts our ability to help other persons in need of assistance. Due to the volume of inquiries, Visa Services cannot promise an immediate reply to your inquiry.
• If your inquiry concerns a visa case in progress overseas, you should first contact the U.S Embassy or Consulate handling your case for status information. Select U.S. Embassy or Consulate, and you can choose the Embassy or Consulate internet site you need to contact.

If you find that you need to submit an inquiry, to serve you better, please indicate the subject of your inquiry on the subject line (e.g., student visa, visitor visa, worker visa, spouse visa, affidavit of support, etc.).

July 2006

http://travel.state.gov/visa/immigrants/types/types_2991.html

Gruss
Michael

[Michu]

Nonimmigrant Visa for a Fiance(e) (K-1)

What Is a “Fiancé(e)”?
A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.
In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Sometimes the USCIS considers a person a "fiancé(e)" even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.

How Does a Fiancé(e) Visa Work?
If you are an American citizen and you want your foreign fiancé(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé(e) in the United States.

Filing the Petition
You must file the Petition for Alien Fiancé(e), Form I-129F, with the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. See the Department of Homeland Security's USCIS Field Offices for information on where you can file the petition.

http://www.uscis.gov/graphics/formsfee/forms/files/I-129F.pdf = $170

http://www.uscis.gov/graphics/fieldoffices/index.htm

Note: You cannot file this petition at an embassy, consulate or U.S. immigration office abroad.
After the USCIS approves the petition, it sends the petition to National Visa Center for processing, prior to sending it to the embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa for a fiancé(e).

What Should I Know about International Marriage Broker Regulation Act (IMBRA)?
Detailed information about the International Marriage Broker Regulation Act (IMBRA) of 2005 petition requirements are shown in the new Form I-129F, Petition for Alien Fiancé(e) instructions.

Extending the Petition
The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.

A Fiancé(e) Is Also an Immigrant
Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry an American citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa.

Applying for a Visa
The consular section at the embassy or consulate where you, the fiancé(e) of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your visa application, such as where you need to go for the required medical examination. The following is required:

• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States.
• Birth certificate
• Divorce or death certificate of any previous spouse for both the applicant and the petitioner
• Police certificate from all places lived since age 16
• Medical examination (vaccinations are optional, see below)
• Evidence of financial support (Form I-134, Affidavit of Support may be requested.)

http://www.uscis.gov/graphics/formsfee/forms/files/i-134.pdf

• Two Nonimmigrant Visa Applications, Form DS-156

https://evisaforms.state.gov/ds156.asp (A Form DS-156, prepared in duplicate.)

• One Nonimmigrant Fiancé(e) Visa Application, Form DS-156K

http://foia.state.gov/FORMS/visa/ds0156k.pdf

• Two nonimmigrant visa photos (each two inches 50 X 50 mm square, showing full face, against a light background)

http://travel.state.gov/visa/temp/info/info_1287.html

• Evidence of a fiancé relationship
• Payment of fees, as explained below.

The consular officer may ask for additional information according to the circumstances of the case. Documents in foreign languages should be translated.
Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the interview. Original documents can then be returned to you.

Fees - How Much Does It Cost?
Fees are charged for the following services:

• Filing an Alien Fiancé(e) Petition, Form I-129F = $170
• Nonimmigrant visa application processing fee = z.Zt EURO 85,-
• Medical examination (costs vary from post to post)
• Fingerprinting fees, if required = $70
• Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and expenses for travel to the embassy or consulate for an interview. Costs vary from country to country and case to case.
• Filing Form I-485 Application to Register Permanent Residence or to Adjust Status = $325

For current fees for Department of State, government services select Fees.

http://travel.state.gov/visa/temp/types/types_1263.html#perm

Vaccination Requirements
All applicants for immigrant visas are required to have the following vaccinations, if appropriate, for age, medical condition, or medical history:

• Mumps
• Measles
• Rubella
• Polio
• Tetanus and diptheria toxoids
• Pertussis
• Influenza type B
• Hepatitis B
• Varicella
• Pneumococcal

As a fiancé(e), you are not required to fulfill this requirement at the time of your medical examination for a fiancé(e) visa. However, you may want to do so. These vaccinations are required when you adjust status following your marriage.

http://www.usembassy.org.uk/cons_new/visa/iv/vaccinechart.html

What Must Happen After Getting the Fiancé(e) Visa?
After getting the fiancé(e) visa, your fiancé(e) enters the U.S. through a U.S immigration port-of-entry. The U.S. immigration official gives your fiancé(e) instructions on what to do when he/she enters the United States.

You must get married within 90 days of your fiancé(e)’s entry into the United States.
After marriage, your spouse must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS office that serves the area where you live in the United States. You must fill out the Affidavit of Support, Form I-864, with the USCIS for your spouse's application to become a lawful permanent resident (LPR). See Permanent Resident at the Department of Homeland Security's, USCIS internet site.

http://www.uscis.gov/graphics/formsfee/forms/files/i-485.pdf = $325

http://www.uscis.gov/graphics/formsfee/forms/files/I-864.pdf = $0

http://www.uscis.gov/graphics/howdoi/legpermres.htm

Can a K-1 Visa Holder Leave the United States?
The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa. If you want to leave and re-enter the United States, you should apply with Form I-131 Application for Travel Document to the USCIS office that serves the area where you live for advance parole to return to the United States. See Emergency Travel for information on how to get a travel document that allows you to return to the United States.

http://www.uscis.gov/graphics/formsfee/forms/files/I-131.pdf = $170

http://www.uscis.gov/graphics/services/Emergency/index.htm

Can a K-1 Visa Holder Work in the United States?
As a K-1 visa holder you may file Form I-765 Application for Employment Authorization with the USCIS office that serves the area where you live for a work permit (employment authorization document).

http://www.uscis.gov/graphics/formsfee/forms/files/i-765.pdf = $180

http://www.uscis.gov/graphics/howdoi/ead.htm

Children Have Derivative Status
The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

How Long Does It Take?
The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicant does not follow instructions carefully or supplies incomplete information. (It is important to give correct addresses and telephone numbers.) In addition, the embassy or consulate may need to get security clearances for the applicant. Security clearances take time.

What If the Applicant Is Ineligible for a Visa?
Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

• Trafficking in Drugs
• Having HIV/AIDS
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the government
• Submitting fraudulent documents

The consular officer will tell you, the applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver procedure is. For a complete list of ineligibilities see Classes of Aliens Ineligible to Receive Visas.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

How Do I Find the Regulations on the K-1 Visa?
To read relevant information regarding Department of State regulations on the K-1 fiancé(e) visas select Foreign Affairs Manual (FAM).

http://foia.state.gov/REGS/Search.asp

How to Apply for a Social Security Number Card
Before your fiancé(e) arrives in the United States, you can help her or him apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration.

http://www.ssa.gov/ssnvisa/help_immigrant.htm

Further Visa Inquiries
Questions on visa application procedures and visa ineligibilities should be addressed to the American consular office abroad by the applicant.
General Visa Questions

• Notice: Before submitting your inquiry, we request that you carefully review this web site. Very often you will find the information you need. Often, the answers to questions are easily found on the internet, and this impacts our ability to help other persons in need of assistance. Due to the volume of inquiries, Visa Services cannot promise an immediate reply to your inquiry.
• If your inquiry concerns a visa case in progress overseas, you should first contact the U.S Embassy or Consulate handling your case for status information. Select U.S. Embassy or Consulate, and you can choose the Embassy or Consulate internet site you need to contact.

http://usembassy.state.gov/

If you find that you need to submit an inquiry, to serve you better, please indicate the subject of your inquiry on the subject line (e.g., student visa, visitor visa, worker visa, spouse visa, affidavit of support, etc.)

July 2006

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

Gruss
Michael

[Michu]

Nonimmigrant Visa for a Spouse (K-3)

What Is a K-3 Visa?
Spouses of U.S. citizens, and the spouse's children, can come to the United States on nonimmigrant visas (K-3 and K-4) and wait in the United States to complete the immigration process. Before a K-4 visa can be issued to a child, the parent must have a K-3 visa or be in K-3 status.

What Is a "Spouse"?
A spouse is a legally wedded husband or wife. Cohabiting partners (To live together without a legal marriage ceremony) do not qualify as spouses for immigration purposes. Common-law spouses (An agreement between a man and woman to enter into marriage without a civil or religious ceremony. It may not be recognized as a marriage for immigration purposes) may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration.

U.S. law does not allow polygamy (Having more than one husband or wife at the same time. Polygamy is illegal under American law). If you were married before, you and your spouse must show that you ended (terminated) all previous marriages before your current marriage. The death and divorce documents that show termination of marriages must be legal and verifiable in the country that issued them. Divorces must be final. In cases of legal marriage to two or more spouses at the same time, or marriages overlapping for a period of time, you may file only for the first spouse.

Filing - Two Petitions are Required
You must first file an immigrant Petition for Alien Relative, form I-130 for your spouse with the USCIS Office that serves the area where you live. The USCIS will send you a Notice of Action (Form I-797) receipt notice. This notice tells you that the USCIS has received the petition.

http://www.uscis.gov/graphics/formsfee/forms/files/i-130.pdf = $190

You next file Petition for Alien Fiancé(e), form I-129F for your spouse and children. Send the I-129F petition, supporting documents and a copy of the Form I-797 receipt notice to this Department of Homeland Security USCIS Address on their web site.

http://www.uscis.gov/graphics/formsfee/forms/files/I-129F.pdf = $170

http://www.uscis.gov/graphics/fieldoffices/index.htm

National Visa Center (NVC) Sends Petition To Post
After the USCIS approves the I-129F, it sends it to the National Visa Center (NVC). The NVC sends the petition electronically to the embassy or consulate in the country where the marriage took place. If your marriage took place in the United States, the NVC sends the petition to the embassy or consulate that issues visas in the country of your spouse's nationality.

http://travel.state.gov/visa/immigrants/types/types_1309.html

If your marriage took place in a country that does not have an American embassy, or the embassy does not issue visas, the NVC sends the petition to the embassy or consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the United States does not have an embassy, the petition would be sent to Turkey.

A Spouse of a U.S. Citizen (K-3) Is Also an Immigrant
The spouse of an U.S. citizen applying for a nonimmigrant visa (K-3 applicant) must have an immigrant visa petition on his/her behalf by the U.S. citizen spouse. Therefore, the spouse of the U.S. citizen (the K-3 applicant) must meet some of the requirements of an immigrant visa.

Applying for a Visa
The embassy or consulate where you, the spouse of an American citizen, will apply for a K-3 visa must be in the country where your marriage took place. Here are the procedures to apply. The embassy or consulate will let you know any additional things to do, such as where you need to go for the required medical examination. The following is required:

• Two copies of form DS-156, Nonimmigrant Visa Application

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

• One DS-156K, Nonimmigrant Fiancé(e) Visa Application form

http://foia.state.gov/FORMS/visa/ds0156k.pdf

• Police certificates from all places lived in since the age of 16
• Birth certificates
• Marriage certificate for spouse
• Death and divorce certificates from any previous spouses
• Medical examination (except vaccinations)

http://www.usembassy.org.uk/cons_new/visa/iv/vaccinechart.html

• A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States .
• Two nonimmigrant visa photos, two inches/50 X 50 mm square, showing full face, against a light background)

http://travel.state.gov/visa/temp/info/info_1287.html

• Proof of financial support (Form I-134 Affidavit of Support may be requested.)

http://www.uscis.gov/graphics/formsfee/forms/files/i-134.pdf = $0

• Payment of fees, as explained below

The consular officer may ask for additional information. It is a good idea to bring marriage photographs and other proof that the marriage is genuine.
Documents in foreign languages should be translated. Take clear, legible photocopies of civil documents, such as birth and marriage certificates, to the visa interview. Original documents can then be returned to you.

Fees - How Much Does It Cost?
Fees are charged for the following services:

• Filing an immigrant Petition for Alien Relative, Form I-130 = $190
• Filing a Petition for Alien Fiancé(e) Form I-129F = $170
• Applying for a nonimmigrant visa application processing fee, DS-156 = z.Zt EURO 85,-
• Medical examination (costs vary from post to post)
• Fingerprinting fees, if required = $70
• Filing Form I-485, Application to Register Permanent Residence or to Adjust Status = $325

http://www.uscis.gov/graphics/howdoi/LPReligibility.htm

http://www.uscis.gov/graphics/formsfee/forms/files/i-485.pdf = $325

http://www.uscis.gov/graphics/formsfee/forms/files/I-864.pdf = $0

• Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the embassy or consulate for an interview. Costs vary from country to country and case to case.

For current fees for Department of State, government services see Fees.

http://travel.state.gov/visa/temp/types/types_1263.html#perm

Extending the Petition
The I-129F petition is valid for four months from the date of approval. A consular officer can extend the validity of the petition (revalidate the petition) if it expires before you finish processing the visa.

Children Have Derivative Status
Children do not need separate Petition for Alien Relative, I-130 petitions, but you, the petitioner, must take care to name all your children on the Petition for Alien Fiance, I-129F petition. If you do not name the children on the petition, they may find it difficult to prove their identity as children of a K-3 applicant or person in K-3 status.

You must file separate I-130 immigrant visa petitions for your children before they qualify for permanent residence. When they adjust status in the United States, they must file Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS Office that serves the area where you live. Remember that in immigration law children must be unmarried and under 21 years of age. See child.

If the child is not named on the I-129F petition, will that be a problem?
The K-4 visa will not be denied because the child's name is not listed on the I-129F petition. As long as it can be established that he/she is the minor, unmarried child of the applicant issued a K-3 visa.

Can a K-3 Visa Holder Work in the United States?
As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit).

http://www.uscis.gov/graphics/formsfee/forms/files/i-765.pdf

http://www.uscis.gov/graphics/howdoi/ead.htm

How Long Does It Take?
The length of time varies from case to case according to its circumstances. The time it takes each USCIS office and each consular office to process the case varies. Some cases are delayed because the applicants do not follow instructions carefully or supply incomplete information. (It is important to give us correct postal addresses and telephone numbers.) In addition, the embassy or consulate may need to get security clearances for the applicant. Security clearances take time.

What If the Applicant Is Ineligible for a Visa?
Certain conditions and activities may make an applicant ineligible for a visa. Examples of these ineligibilities are:

• Drug trafficking
• Having HIV/AIDS
• Overstaying a previous visa
• Practicing polygamy
• Advocating the overthrow of the government
• Submitting fraudulent documents

The consular officer will inform you, the visa applicant, if you are ineligible for a visa, whether there is a waiver of the ineligibility and what the waiver process is. You can see the complete list of ineligibilities by clicking on Classes of Aliens Ineligible to Receive Visas.

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

How do I qualify for a child of a spouse (K-4) nonimmigrant visa status?
To qualify for K-4 issuance, an applicant must be the minor, unmarried child under 21 years of age of a qualified K-3 visa applicant. The U.S. citizen who files an I-129F petition for an alien spouse does not have to file a separate I-129F petition for a child of his/her spouse. These children should be listed on the I-129F petition for the spouse. While the U.S. citizen must also file an I-130 petition for the alien spouse, there is no requirement to file a Form I-130 immigrant visa petition on behalf of the alien's children seeking K-4 nonimmigrant status, since K-4 is a derivative nonimmigrant classification.

How does a K-4 child adjust status in the United States?
The K-4 child will not be able to file for adjustment of status in the United States until the U.S. citizen parent/step-parent files a I-130 on behalf of the child. If the U.S. citizen parent/step-parent never files the I-130 petition, the immigrating parent may do so once he/she has obtained legal permanent resident (LPR) status, but the child would have to wait for an available visa number. Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.

Can those with K-3 and K-4 visas change to another non-immigrant visa category in the United States?
K-3/K-4 visa holders cannot change status in the United States to another non-immigrant visa category.

Can I travel and re-enter the U.S. on my K-3 or K-4 visa?
Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S. , USCIS will not presume that the departure constitutes abandonment of an adjustment application.

How Do I Find the Regulations on the K-3 Visa?
For Department of State regulations on the K-3 visa select Foreign Affairs Manual (FAM).

http://foia.state.gov/REGS/Search.asp

How to Apply for a Social Security Number Card
Before your spouse arrives in the United States , you can help her or him apply for a social security number card. To learn more about this process, visit the website for the Social Security Administration.

http://www.ssa.gov/ssnvisa/help_immigrant.htm

General Visa Questions

• Notice: Before submitting your inquiry, we request that you carefully review this web site. Very often you will find the information you need. Often, the answers to questions are easily found on the internet, and this impacts our ability to help other persons in need of assistance. Due to the volume of inquiries, Visa Services cannot promise an immediate reply to your inquiry.
• If your inquiry concerns a visa case in progress overseas, you should first contact the U.S Embassy or Consulate handling your case for status information. Select U.S. Embassy or Consulate, and you can choose the Embassy or Consulate internet site you need to contact.

If you find that you need to submit an inquiry, to serve you better, please indicate the subject of your inquiry on the subject line (e.g., student visa, visitor visa, worker visa, spouse visa, affidavit of support, etc.)

July 2006

http://travel.state.gov/visa/immigrants/types/types_2993.html

Gruss
Michael

[Michu]

Alle notwendigen Forms fuer die Verfahren :

AR-11
Change of Address Form

http://www.uscis.gov/files/form/ar-11.pdf

I-865
Sponsor's Notice of Change of Address

http://www.uscis.gov/files/form/I-865.pdf

G-28
Notice of Entry of Appearance as Attorney or Representative

http://www.uscis.gov/files/form/g-28.pdf

G-325A
Biographic Information

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

I-129F
Petition for Alien Fiance(e)

http://www.uscis.gov/files/form/I-129F.pdf

I-130
Petition for Alien Relative

http://www.uscis.gov/files/form/i-130.pdf

I-131
Application for Travel Document

http://www.uscis.gov/files/form/I-131.pdf

I-134
Affidavit of Support

http://www.uscis.gov/files/form/i-134.pdf

I-485
Application to Register Permanent Residence or to Adjust Status

http://www.uscis.gov/files/form/i-485.pdf

oder/und Supplement A to Form I-485:

http://www.uscis.gov/files/form/i-485supa.pdf

I-693
Medical Examination of Aliens Seeking Adjustment of Status

http://www.uscis.gov/files/form/I-693.pdf

I-765
Application for Employment Authorization

http://www.uscis.gov/files/form/i-765.pdf

I-864
Affidavit of Support

http://www.uscis.gov/files/form/I-864.pdf

I-864A
Affidavit of Support Contract Between Sponsor and Household Member

http://www.uscis.gov/files/form/I-864A.pdf

I-864P
Poverty Guidelines

http://www.uscis.gov/files/form/I-864p.pdf

DS-156: Nonimmigrant Visa Application

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

https://evisaforms.state.gov/DS156_German.asp?lang=7 = Deutsch

DS-157: Supplemental Nonimmigrant Visa Application

http://foia.state.gov/FORMS/visa/ds0157.pdf

DS-158: Contact Information and Work History for Nonimmigrant Visa Applicant

http://foia.state.gov/FORMS/visa/ds0158.pdf

DS-156K: Nonimmigrant Fiance(e) Visa Application

http://foia.state.gov/FORMS/visa/ds0156k.pdf

DS-230: Application for Immigrant Visa and Alien Registration

http://foia.state.gov/FORMS/visa/ds0230.pdf

DS-3032: Choice of Address and Agent

http://foia.state.gov/FORMS/visa/ds3032.pdf

Gruss
Michael