K-1 FIANCÉE VISA VIDEO TUTORIAL #3: Overview of USCIS and NVC websites

welcome to the fiance video tutorial really glad you’re here with me we’re going to have some fun going through the entire process of preparing filing and going to the embassy for a fiance visa so settle in we’re going to take some time to do this and it’s going to be really great and have a lot of fun doing it oh and I’m going to do this real time so we’re going to work together you’re going to see how I approach putting together fiance visa packages and doing the research and checking on the forms and doing all the document prep because what’s important to know is that all these rules are changing all the time embassies can change the USCIS forms can change so what I want to show you then is really how to do this research on your own and we’re going to start by giving you an overview of the fiance visa process so I prepared this little diagram here and there’s a really general overview obviously but it’s going to help you to understand we go into the minutiae of this process exactly what’s happening so the first agency to review the fiance visa here is the USCIS USCIS is the United States Citizenship and Immigration Service and you file the form I 129 ask with them and you followed G 325a with them and that tells them basically that of the fiance relationship is real and what their whole point is they want you to prove to them that the fiance relationship is real and so for that reason we like to put in all the proof the photos and you know as much information as we can to show that it is a real fiance vide of visa and so when that’s done then we’re going to go over here and it’s going to get approved and it’s going to get transferred over to this other agency which is under the Department of State and that’s the nvc the National Jesus Center and the US Embassy in the country where your fiancee lives so these guys and they have a bit of a different emphasis on what they’re doing all right they to them you need to prove that the fiance is not a threat to the US so that’s at this level that’s when they’re doing the police report says we’re doing the medical exams that’s what they’re doing all the background checks to make sure they’re not a terrorist or money launderer or drug dealer or any of these bad things which will actually keep them from coming to the US because under the embassy there that’s a threat to the US we’re not going to let those people in right so this is the basic idea we’re going to start here with doing our petition with the USCIS and that’s a petition is with the USCIS is going to be you know deciding and that’s where a US citizen actually requests hey this is my fiancee I want to get I want the possibility for coming in with a visa and so the National Visa Center Department of State a totally different government agency is going to determine whether or not they are cool to come in so then let’s start with Google with the research okay so we always going to look at websites websites websites to get the most relevant and up-to-date information um and so the first website we’re going to go to that is the USCIS there it is USCIS homepage okay now I’m going to be resizing these things down and because of my screen capture it makes it kind of tricky sometimes with getting these websites to look good for you guys so here we are this is the USCIS website as of today which is January 18 2012 right now you might be viewing this thing februari march april may 2012 13 14 who knows okay um so that’s why you need to be going back this they may have a whole set of new set of forms and have a whole new set of requirements around it and whatever happens you’re going to be able to figure out what’s going on if you’re looking at this website so this is where we go to view those forms and we’re going to go way more deeply into form

preparation I just want to give you the you know the broad brush strokes right now and the form that we’re looking at is in i-129f so we can just scroll down here there it is petition for alien fiancee right and this page here has there’s the form here’s the instructions this is a really great thing notification of acceptance of application or petition you know and that’s a great way to get it over text or an email you can sign up for that service and then we have other things here we have some informational pages there’s one on fiance visas right and so it’s going to give you the overview of what’s actually happening with fiance’s so let’s look at this a little closer then because I want to get into this um this page provides information for u.s citizens wishing to become a foreign national wishing to bring a foreign national fiancee living abroad to the United States to marry so a couple of key issues here US citizen right okay US citizen only US citizens can apply for fiance visas all right a foreign national fiancee living abroad right so we’re and we’re envisioning someone actually living outside of the United States to the United States to marry so the purpose of this visa is actually come here to get married so some visas you come to be a student some visas you come to be an investor this one you come to get married very clear specific intention around that okay application process there’s the i-129f petition for alien fiancee and of course we’re going to be going through that step by step in line by line eligibility requirements okay if you petition for fiance visa you must show that you tips our US citizen that’s right so how do you do that birth certificate naturalization certificate something like that you intend to marry within 90 days of your fiancee entering the United States so if you’re already married you can’t really prove that you’re going to be marrying again in 90 days because you already have one spouse and you can’t have two spouses here in the United States so you gotta intend to marry um at you and your fiance are born both free to marry in any previous marriage must have been legally terminated by divorce death or annulment ok so the legal termination this is a whole document thing around making sure the divorces are okay and that they’re properly executed in front of a judge and that those people that paperwork looks good here’s another one here you must you met each other in person at least once within two years of filing a petition okay so meeting once within two years pretty easy to prove that most of the fiancees actually that I rather than actually have that except there are some exceptions one if the requirement to meet would violate strict and long-established customs of you or your fiance’s foreign culture or social practice right so um there are some practices that are definitely prohibit that see if you can prove that you’re okay and then to if you prove that the requirement to meet would result in extreme hardship to you so um this extreme hardship bin is a thing where if you’re incapacitated you can’t travel your parents have set this thing up and you skyped a lot and I can’t fly over there to actually meet her but everyone knows we are meant for one another they will give an exemption and from the requirement that you have better okay after the fiance visa is issued once issued the fiance visa or k1 non-immigrant visa that’s true k 1 non-immigrant visa is another word for fiance visa allows your fiancee de in the United States for 90 days so that your marriage ceremony can take place once you marry your spouse may apply for permanent residents remain in the United States while USCIS processes the application great for additional information see the green card linked to the right so this is an interesting thing because um you know what if the marriage ceremony doesn’t take place in 90 days what happens well I’m going to cut to the chase here and just tell you that if you are not able to get married within 90 days you can still file for a visa petition right up as US citizen can still file a visa petition for my spouse if we get married on the 91st day right what happens those I can’t use the approved fiance visa as a support for the green card application I have to

file a new I 130 petition a marriage based visa petition for the basis of that green card so if you don’t get married in 90 days for some reason you get 91 95 105 okay you can still go forward and get that a fiancee a green card right but it’s a different petition you have to start over with a new petition you’re married now so it’s going to be marriage to a US citizen you proven they entered legally on a fiance visa so it works okay I’ve done that before okay um treatment of i-129f petitions where the department of state refuses to issue the k1 visa and return to expired petitions to USCIS there’s an interesting issue once USCIS receives a consular returned I 129 f4 cable and classification from Department of State and the petition is expired in accordance with 8 CFR 214 dot 2k5 USCIS will allow the petition to remain expired and will not reaffirm or reopen the petition therefore the petition will expire in normal course please note this will not preclude the petition filing another petition basically this means is that if you go through the embassy process and at embassy to determine this is not a real fiance this is fake documents all kinds of different stuff that can pop up and disqualify someone from being a fiance they’re going to send the petition which has already been approved by the USCIS and that first step back to the USCIS with information saying no go cancel out this is not good and so USCIS is going to kill that petition right there and not allow you to appeal that decision or do anything around now so that’s what that means and yes you can follow a new one because sometimes it’s just a lack of proof that you didn’t get your stuff together in time and you show up in the interview and they they’re mad and they want to disqualify you for that children of fiance’s if your fiance has a child under 21 and unmarried a k2 non-immigrant visa may be available to him or her be sure to include the names of your fiancee children on your form I 129 f petition so there you go you can definitely bring fiance children over they have a separate category of k2 for them permission to work now look this after admission your fiance may immediately apply for permission to work by filing a form i-765 application for employment authorization with the USCIS service center having jurisdiction over your place of residence any work authorization based on a non-immigrant fiancee visa would be valid for only 90 days after entry however your fiance would also be eligible to apply for an extended work authorization at the same time as he or she files for permanent residence in this case your fiance would file form i-765 together with form i-485 as soon as you marry so it is true the fiance visa category does provide for a work authorization card to be issued to that fiance when they enter the United States that’s definitely true it’s only good for 90 days okay how long does it take for a work authorization card to be issued 90 days so once you apply for it you know um it’s uh pretty much expired right your so it’s a it’s very rare that we have people apply for work authorization cards based on fiance visas what normally happens is they come in the United States and they’re going to apply for they’re going to get married and they’re going to apply for green card permanent residency based on the marriage and then they’re going to go ahead and apply for the i-765 and they’re going to get their work authorization card that way wait the 90 days and then they get the work authorization card so but it is certainly is possible to do that and if you’re an eager beaver and you really want to get that work authorization going file it you know what happens if we do not marry within 90 days fiancee status automatically expires after 90 days it cannot be extended your fiance should leave the United States at the end of the 90 days if you do not marry fiance that’s not depart you she’ll be in violation of US immigration laws this may result in removal quote-unquote deportation and/or could affect future eligibility for us immigration benefits okay so this is true it is true that if you do not marry within 90 days fiance

visa is over and you should leave especially if fiance relationships fall apart because with fiance visas once that 90 days passes there’s no way to change status should go and into any other category except for a marriage to your sponsor so like I say if there’s a delay in the wedding and you don’t get married in 90 days and you finally get married and it’s to the same person who petitioned you then you’re picking up and you’re moving forward in that same path USCIS is not going to have a problem with that okay the problem is you come on a fiance visa with what with one guy and then you get rid of him and then go marry someone else and try to get a green card that way oh no that’s definitely not going to work and even if okay even if you don’t get married in the 90 days still wanting to get married to the same guy who petitioned you your deportable so if on the 91st day you haven’t gotten married and you get pulled over and it’s one of these 287g I guess they’re not doing that anymore with Obama but you know if an ice agent picks you up and checks you out on 91 days you are deportable for that so it is true that you would be deportable so that’s a really good distinction around the what happens if you don’t get married we want to make plans for a wedding how long will this process take each case is different please check the current processing time for the i-129f petition see the check processing times link to the right we process fiancee petitions in the order we receive them once we complete our processing your approved petition is then forward it to the National Visa Center yeah that national Visa Center will then send the petition to the US Embassy or consulate which will need time to process your fiance for visa that’s true right now it’s taken around nine months to a year and our experience to do a fiance visa right and um and it is really true that um you know check processing times this is a really great thing here you know you can go on and pretty much figure out like what is going on with processing time and when we take on a case we’re doing a fiance visa we always always go to this window and look at the processing time at the beginning because all of our clients are always asking us the same question how long will it take how long will it take in we just basically say nine months to a year between the time we follow this petition until they actually cross into the United States that gives us the flexibility to make it through all these agencies but the first thing the USCIS processing time um really will give you some idea of what’s going on right now and so we have it we’ve got the there’s the field office get this thing straight down there we go service center or national beat benefit center so we know I think it’s the service center is the California service center that actually does the fiance processing so but you know they change them all the time so we would start with this processing center and go to the 1i 129 f here we go I 129 FC that petition for alien fiance k 1 k 2 not yet married fiance and or dependent child 5 months so what we know it is that we follow the i 10 i-129f we’re not going to follow up until five months nope no point they’re not going to you know there’s no need and no purpose in in following up with USCIS for five months so that’s how we gauge our first follow-up time right there it’s by doing that so um so this is our overview thin of the fiance visa from the perspective of the USCIS okay so what I want to do now then is I want to look at the Embassy stopped because this is where stuff gets really really good so we’re going to go to a national visa center right that’s what I’ll view the center and what pops up is this website travel.state.gov this is the gold mine there is so much information here on travel.state.gov um and it for our overview a fiance visa processing uh we’re going to get into the nitty-gritty here alright so we’re here we’re under

visas and um when we’re going into visas right you can see there’s already a bunch of information here um and um scroll down and it talks about how does the National Visa Center fit into the u.s immigration process okay that’s pretty big picture USCIS sent my immigrant visa petition to the nvc now what happens okay that’s big picture how do I know my priority date meets the most recent qualifying date what does that mean with fiance visas the priority date issues really moved how do I know my priority date is moot there’s a lot of stuff here right you’re getting on this what am I going to do well I am going to go to a immigrant to the United States right and then we’re going to go to a immigrant visa processing and in the immigrant visa processing it even though the fiance visa is actually a non-immigrant visa right it is treated like a immigrant visa in that they are going to require a lot of medical exams and they’re going to require a bunch of different information that just coming over as a tourist regular non-immigrant visa they don’t require that information so fiance visa is a bit interesting because it does have both characteristics of an immigrant visa visa all right so look I’m come you know I don’t see this stuff that where’s my fiance visa where I just want to get filled I don’t see anything over here right you know uh so I’m going to go ahead search this site i’m gonna put in fiancee fiancee let’s just see what happens okay i’m tired of looking messing around right look at this wow getting married in Russia marriage in the Philippines okay new non-immigrant 41.8 1k notes look I mean how am I going to find my fiancee visa information here look at this all right well you know let’s say visa let’s see what happens on that or k 1 right ah well let me see that didn’t really work out well either so let’s just get rid of this let’s just do k 1 okay search k 1 now look at that all the results for k 1 so this exercise i’m showing you is to understand how different the language is from these sites right so um non-immigrant visa for fiance Kate one all right let’s go to this first hit here oh look at this this is the gold mine here now we’re there nonimmigrant visa for fiance k 1 look at all this information right so we’re going to jump into this now we’re going to walk through this information and um we’re going to take it step by step here and really get into this because this is going to answer and give you an incredible overview of this whole process and then we get into it you’re going to make so much more sense about what’s happening okay overview what is a k1 visa alright fiance k1 non-immigrant visa is for the foreign citizen fiancee of the United States citizen foreign citizen will then apply for adjustment of status to a permanent resident LPR oops sorry skip this the k1 visa permits the foreign citizen fiancee to travel to the United States and marry her US citizen sponsor within 90 days of arrival right we know that foreign citizen will then apply for adjustment of status to a permanent resident with the Department of Homeland Security’s US citizenship and immigration services because a fiance visa permits the holder to immigrate to the US and marry a US citizen shortly after arrival United States the fiance must meet some of the requirements of an immigrant visa okay that’s what i would say throw an immigrant visa requirements eligible children of k1 visa applicants received k2 visas so this is redundant what does a fiance okay um under US immigration law foreign citizen fiancee of the US citizen is a recipient of an approved petition for alien fiancee form I 129 F who has been issued a non-immigrant k1 visa for travel to the United States in order to marry his or her us it isn’t fiancee

right so that’s pretty cut and dry I fiancee is someone who has already been approved of as a fiancee by the US Immigration Service and the embassy both the citizen and the k1 visa applicant must have been legally free to marry at the time petition was filed and must have remained some there after the marriage must be legally possible according to the laws of the US State what’s the marriage will take place great so um it says here interestingly legally free to marry at the time the petition was filed the petition ok so don’t found a petition then get divorced and then get you know get the old marriage dealt with you have to have that done before you actually follow the petition ok in general foreign citizen fiancee and the US citizen sponsor must imagine person in the past two years USCIS may grant exception to this requirement based on extreme hardship for the US citizen sponsor to personally meet the foreign citizen fiancee or for example if it is contrary to the US citizen sponsors foreign citizen fiance’s culture for men and women to meet for the marriage great we’ve already been on through that with USC is now here’s something we really haven’t talked about yet on the overview from the USCIS which is the international marriage broker regulation act of 2005 okay detailed information about the Umbra requirements is contained in the form I 129 f petition for alien fiancee constructions basically marriage broker regulation act is that if you are paying a marriage broker to buy you a wife they’re not considering that to be necessarily a good faith fiance marriage relation there’s also the issues of trafficking human trafficking which is really serious and many women are trafficked into the United States under fiance visas and are subject to insane slavery and domestic violence issues once they come in so we definitely do not want that to happen and USCIS is fully committed to keeping that from happening now which is great so if you have used a marriage broker there’s some different questions are going to ask you that you have to be prepared to show you know that yeah I used a marriage broker but this is still a real fiance relationship furthermore if you have been convicted in your petitioner for a fee on saying you’ve been convicted of domestic violence uh you’re going to have to show that the fiancee knows about it and that you’re not going to be of practicing your domestic violence habits on her so big issues that are definitely going to need to be taken care of if those are in your situation and if you have those situations I think it might be better to talk to an attorney about those kinds of things because those do open up some big doors now I have definitely gotten those petitions approved and it’s very difficult took a lot of time a lot of proof lot of legal stuff but it’s still totally doable okay the first step filing the petition we’ve gone over that right and here’s the thing that note form I 129 f cannot be found at the US Embassy consular USCIS office abroad that’s true we’ve already seen the USCIS website where they have the domain around that after USCIS approves a petition is into the National Visa Center for processing and the NBC will send it to the US Embassy or consulate where your fiancee will apply for k1 non-immigrant visa perfect you know that’s the thing the National Visa Center they’re doing the heavy lifting for the embassies in order sees don’t want to have to deal with all this process paperwork and preliminary determination around whether or not this is a good fiance relationship so they delegated these tasks to the National Visa Center okay second step applying for a visa once the u.s. embassy or consulate where you the foreign citizen fiance will apply receives the petition from the National Visa Center it will provide you with specific instructions including where to go for the required medical examination very important during your interview ink free digital fingerprint scans will be taken some visa applicants require further administrative processing this is hyperlinked here which will take additional time after the visa applicants interviewed by a consular officer Destry want to look at what administrative processing is let’s see what they have to say about administrative processing I know about administrative processing because I’ve had clients who go through

administrative clock processing and it’s like the black hole you will never know what why where when how it is stuff it ranges from sending people out to the little village where the fiancee lives asking about if they’re really married if they have any other husbands you know to doing background checks um different kinds of banking checks to see if there’s any kind of illegal financial transactions all this different stuff is all under the guise of a administrative processing this is their most administrative processing is resolved within 60 days of the visa interview I wish that were true you know in my experience a lot of times um they take a lot longer than that you know so but you know 60 days I will I don’t bug them before 60 days gone by basically that’s so that’s true eligible children of k1 visa applicants may apply for k2 visas separate applications must be submitted for HK visa applicant each K visa applicant must pay the visa application fee so that is really that’s true and you’ll see when we go through the National Visa Center processing they’re going to have they’re going to separate the petition out because when you go to the USCIS you don’t file a separate I 129 f4 child you just include them on the same I want to NF it’s at the National Visa Center where the cases get broken apart into two separate cases require documentation you yes you the foreign citizen fiancee and eligible children applying for k2 visas will be required to bring the following forms and documents to the visa interview so now we’re really getting into some more detail about what they’re looking at you’re going to bring two non-immigrant visa applications forms ds1 56 prepared in duplicate note k 1 k 2 visa applicants should not fill in the form ds-160 online non-immigrant visa application right so we’re going to be going through this form here line by line step by step make sure you know how to do that one non-immigrant Veon fiance visa application form ds1 56k alright one application for immigrant visa and alien registration form d s230 part 1 you’re not required to complete part 2 right so you’re starting to get some an idea about why i like to print this stuff out you’re not a checklist right here right you’re going to want to be working this checklist k visa applicants applying at US consulate general montreal and US consulate general ciudad juarez have different application form requirements review information on us general consulate general montreal or US consulate general ciudad juarez website to learn which forms you must complete so again come to this website understand that there are exceptions to the rules and get the most updated information so our test case here that we’re going to do we have a sample is that actually we’re going to use montreal because montreal and sierra dwars have special forms electronic forms we want to make sure you know how to work those the other forms are pretty easy to go through where you print them out and you actually bring them to the interview but these guys you have to actually submit where I scanned documents all sorts of different stuff so we’re going to use the more difficult case processing of Montreal as an example on this tutorial a valid a passport valid for travel in the United States and with invalidity date of at least six months beyond your intended period of stay in the US unless country specific agreements provide exemptions while here’s a highlight hyperlink to country specific exceptions countries that extend passport validity for additional six months after expiration okay so there you go these countries here there are exceptions to that so you’re probably going to be okay if you have one that has less than six months on one of those countries divorce or death certificate of any previous spouse for both you and the US citizen sponsor police certificate from your present country of residence in all countries where you have lived for six months or more since age 16 police certificates are also required for a company children aged 16 or older okay that’s a big deal I mean this can be a big deal if you’ve moved around a lot right um medical examination vaccinations are optional see below because this is a fiance visa is actually the non-immigrant this is the part that’s like the non-immigrant visa part where the vaccinations are optional evidence of financial support now there’s a form i-130 for affidavit of

support may be requested so I definitely like to have my ayah 134 done before I go in because if they request them you’ve got them and they’re not that difficult to put together we’re going to go over how to prepare for my 134 to two by two photographs see the required photo format explained in photograph requirements we’re going to go through that evidence of relationship with the US citizen fiance so this is going to be your stack of photos all of your phone all of your emails all of your letters friends family explaining what a great fiance relationship you guys have all right payment of fees explained below so you probably go pay your fees somewhere then they give receipt that you paid your fees you bring that into the interview with you know the consular officer may ask for additional information such as photographs and other proof that the relationship for the US citizen fiance it’s genuine documents and foreign language other than the language of the country in which the application takes place should be translated it’s true applicant you take the to the visa interview clear legible photocopies of civil documents and translations such as birth and divorce certificate original documents and translations will be returned so you’re going to be bringing your original and a copy and so if they want a copy to save in the file they’ll take the copy the original they’ll return to you after they inspect it to make sure that it is a valid original so then we’re going into the medical examination and vaccination requirements I’m preparing for the interview applicants will need to schedule and complete a medical examination for the issuance of an immigrant or a visa every applicant regardless of age must undergo a medical examination which must be performed by an authorized panel physician you’ll be provided instructions regarding medical examinations from the US Embassy or consulate where you apply for your visa including information on authorized panel physicians so that’s true so as we go forward then um we’re going to look at the actual embassy requirements for all of these things because each embassy may have a little bit different requirement for what they want and I will definitely show you how to do that k visa applicants are encouraged to get the vaccinations required under US immigration law for immigrant visa application applicants although such vaccinations are not required for visa issuance kb’s issuance they will be required when adjusting status to that of legal permanent resident following your marriage applicants are therefore encourage fill these vaccination requirements at the time of the medical examination see vaccination requirements for IV which is immigrant visa applicants for the list of required vaccinations and additional information so yeah I mean we’re going to go into this also but you know this the list of the stuff you need the vaccinations for and it is true when you come in on a fiance visa you’re going to have to go and get a full-blown medical exam now if you’ve already done your vaccinations and you have a card saying that you’ve already done your vaccinations you don’t have to do them over again so if you do get the vaccinations make sure you save your card and you you submit that with your adjustment of status application when you come into the United States get married and go for your green card proof of financial support and affidavit of support during the visa interview applicants will be required to present evidence to the consular officer that they will not become a public charge in the US you may present evidence you are able to financially support yourself or that your US citizen fiancee is able to provide support the consular officer may request it off form i-130 for affidavit support be submitted by the US citizen fiancee the US citizen fiancee will need to submit form i-864 to the USCIS with the application for Justin to status to that illegal permanent resident following the marriage so what they’re saying is right now we will allow a lot more wide range of proof that you actually will not become what they call a public charge are dependent on the United States for welfare food stamps that kind of thing and they are able to show um present evidence you you are able to financially support yourself so if you’re working in your foreign country as the fiance then your employment history your employment verification letter your pay stubs all that stuff can be presented at the Embassy show that you own you earn enough money if your sponsor does not earn enough or just unemployed or it’s having problems uh which is great now the consular officer again we’re going to go through the eye 134 because we

know consular officers love I 134 so we would prefer that you fill out an i-130 for and have it ready to go at the Embassy did the same income requirements apply to form i-130 for applied it for my 864 no bill 125 percent of the federal poverty guideline minimum income requirement the most recent years tax return and other requirements only apply when form i-864 is needed applicants presenting form i-130 for will need to show that their us sponsors income is one hundred percent of the federal poverty guideline so there we give you again a little bit of leeway there but I like to set these I 134 up with a lot of evidence and if you only making a hundred percent it’s why not get another person to sponsor or put together another I 134 just to put you over the hump just to get you past the scrutiny because this is your one shot you know and I would recommend then if you have your close to the hundred percent of the poverty you’re at you’re at the poverty line and you’re bringing in a fiance they’re going to be going what you know go over the top say yeah I’m having a hard time now but look I got another joint sponsor well between the two of us were going to make sure that if she gets hurt she’ll be taken care of she won’t need to go on welfare should go on food stamps and I’ll you only notice I’m using the word g to describe the fiance that’s because our test case is a male US citizen sponsored for a female fiance to come into the United States so I’m just using the word she now to just make it consistent with all the documents all the photos all the birth certificates everything we actually have fees how much does a UK visa cost well that’s a good question fees are charged for the following services filing an alien fiancee petition form 1 29 f non-immigrant visa application processing fee form ds-160 costs may include translation and photocopying charge fees for getting the documents required for the visa application such as a passport police certificates for certificates and travel expenses to the US Embassy or consulate for an interview costs vary from country to country in case to case right so um for looking at the fees when we’re doing the form will show you what the fees are but um you know definitely you want to know what the fees are it’s got to pay those fees and it comes out to be it’s usually like around six hundred dollars 700 doll or something like that rights and protections pamphlet okay now this is an interesting thing you should read the rights of protection for your visa interview to learn about your rights United States relating to domestic violence sexual assault and child abuse and protection available to you consular officer will verbally summarize the pamphlet to you during your interview additionally k1 visa applicants will be provided with any existing criminal background information on their US citizen fiance’s that the USCIS received from other government agencies during processing processing of the form i won 29 f petitions this is a huge deal I mean thank goodness that you know we have these safeguards to America to protect fiance’s coming in from being trafficked and being victims of sexual abuse and domestic violence and that’s how they do it my petition expired can be extended the i-129f petition is valid for four months from the date of approval by the USCIS a consular officer can extend the validity of the petition if it expires or for visa processing is completed and that’s true because remember I said it takes about nine months right well you know you’ll your I 129 F petition is going to have an approval notice and it’s going to have four months on and that’s usually not enough time to get the case all the way through the National Visa Center and then get to the embassy and then get all the stuff done it usually takes more than four months to do that or right around that amount of time so if it expires people listen up if your I 129 F approval notice is expired before you go to the embassy don’t worry about it okay don’t worry about it they will renew it they will consider it to still be valid they’re not going to kick you out and make you go all the way back to the beginning of the line because you there’s been delay that you have a cause well even if you have caused it a little bit it’s still going to be okay so don’t panic if you’re if you’re date is not currently going into your your visa interview okay um let’s see in eligibilities for visas oh my goodness what if i had it eligible for k visa certain conditions and activities may

make you the applicant ineligible for visa and that’s really true examples of these in eligibilities include drug trafficking overstaying a previous visa and submitting fraudulent documents if you are ineligible for visa you’ll be informed by the consular officer and advise whether there is a waiver of the announced ability and what the waiver process is learn more and see the complete list of eligibilities well hey let’s look a little bit of this in eligibility what you know these questionnaires have all the questions around the ineligibility is they ask you have you ever dealt drugs have you ever procured a prostitute have you ever committed an act of terrorism you know so they’re really specific about the announced abilities um so here is the love this this issue about in eligibilities I’m not going to go so much into it you know about it but certainly um it’s something to understand here’s the visa and eligibility czar it listed in the law arm that talks about it so here’s to 14 b visa and eligibilities every alien other than a non-immigrant described in paragraph lrv of section 101 a 15 and other than a non-immigrant described in any provision of section 101 a 15 h I except sub-clause be one of subsection shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer at the time of application for visa that the immigration officers at the time of application for admission I’m reading that twice and I’m sorry that he is entitled to a non-immigrant status under Section 101 815 and so what that means is that one of the grounds of an eligibility for a non-immigrant coming in is that you actually are an immigrant meaning you want to come and stay and live and party and get a permanent residence here in the United States well hold on a second you’re coming in as a non-immigrant tourist right you want to come and get married and live as a green card that does not work you got to file for the right visa category so this is a type of ineligibility that might happen under the law they’re giving you a 2-14 be in eligibility thing and so they got the 221 G the 212 a different categories of an eligibility and then they talked about the waiver okay and so you know immigration law really is compassionate a lot of ways they will allow you even if you’ve done something bad a waiver of that which means they are going to allow a pardon for you even though you’re done something wrong and you’re bad still give you a part and so the waivers of ineligibility um are based on family relationships and different types of events that actually happen so here’s for instance the 212 d waiver um for a non-immigrant ok so if you’re coming there’s a tourist they want to hit you with this ineligibility you know what you can still apply for 2 12 d waiver and the 212 d waiver may waive the application of subsection a other than paragraph 3 e in the case of a non-immigrant described in section 101 a 15 s if the Attorney General considers it to be in the national interest to do so okay so that’s pretty wide you would say you know what it really is in the national interest to let me in and they decide whether or not they want to let you in okay so this is the nuances then of visa and eligibility and waivers around that for a que visa how long will it take to get Mike a visa okay so of the website for the status you can check out the status of your application which will show that and then there’s some different types of processing times along that as well after received your k1 fiance visa this is interesting if you were issued a k1 visa the consular officer will give you your passport containing the k1 visa in a sealed packet containing civil documents you provided plus other documents prepared by the US Embassy or consulate it is important that you do not open the sealed packet and don’t do it don’t do it uh it’s like so oh my god what’s inside of this thing help me don’t do it believe it sealed don’t look in there only the DHS immigration officials should open this packet when

you go to the United States as the k1 visa holder you must enter the u.s either before or at the same time as any qualifying children holding k2 visas that means you come in with your kids with your visa you can apply for a single admission at a u.s. port of entry within the validity of the visa which will be a maximum of six months from the date of issuance so what they’re saying is that ok I go to the embassy I go through everything and my medical get all my documents i go up they give me the visa yeah i get it in the mail okay I got it I got the sealed packet too Wow okay I still have six months to enter it might take me a while to uh you know my fairs arranged to get everything taken care of before I leave so that’s going to have six-month window for me to actually enter the United States and then after you enter again you must marry your US citizen fiance within 90 days of your entry into the United States that is hard rule there does my US citizen fiancee need to file separate petitions for my children covered this no you just apply for one um after your marriage your children will need to file separately from you for adjustment of status every person follow their own green card application after they come in and important notice under US immigration law child must be unmarried in order file for Justin status for child following your marriage you have citizen spouse the child stepchild relationship with your spouse must be created before the child reaches the age of 18 this isn’t important notice so if you come in as a fiancee and they are a child of um you know they’re 18 years old okay there are child for um purposes of a fiance visa great but they’re not a child for purposes of getting a green card so because the stepchild relationship is going to be starting after the child reaches the age of 18 right so step fiancee relationships one thing but stepchild relationship with something else so you know bottom line you’re going to want to get all this stuff done before your child turns 18 make it easy are my children required to travel with me your children may travel with a company the United States or travel follow that a joint liking you your children must travel within the validity of their k2 visas separate petitions are not required to the children company or follow to join you within one year from the date of issuance of your k1 visa if they want to travel later than one year from the date k1 visa was issued now again they’re not talking about the old application from the USCIS we’re talking about the visa that’s in the passport issued by the embassy okay if they want to travel later than one year from the date of your k1 visa was issued they will not be required there will not be eligible to receive k2 visas and separate immigrant visa petitions will be required if your child is invalid key to visa you have already adjusted status that a permanent resident your child may still travel on the k2 visa so this is interesting accompanying and travel after because sometimes the kids can’t come with with the feeling saying if you don’t it goes ahead gets married and all that stuff they want to double back and bring the child in that’s okay as long as it’s within time for entering the United States port of entry visa allows a foreign citizen to travel to the US port of entry and request permission to enter the United States you should be aware that a visa does not guarantee entry into the United States boy is that true the Department of Homeland Security of US customs and border protection CBP officials have authority to permit or deny admission to the United States upon arrival at the port of entry be prepared to present to the CBP officer your passport with visa and your unopened sealed packet containing your documents unopened right don’t open it sealed travelers should review important information about admissions and entry requirements on the CVP website under travel and let’s face it ain’t as an immigration attorney I say okay we’re going to go ahead and you know prepare this stuff for you we get the petition approved they go to the embassy they get the embassy approved coming across the border and they make some more they make a statement like you know this guy’s is i don’t know if i’ll be getting married to him or not you know we’ll see you’ve been fighting on the plane or whatever 00 guess what you have to have the intent to marry and now you’ve made a statement that you not intend to get married at the border they can deny your entry right there deny your entry kill your whole case right there at the border so when you’re making the injury across the border then

it’s very very important that you don’t make any statements or act anyway or have any evidence that you’re going to be doing anything other than getting married within 90 days after your entry okay it’s a really good idea to talk about the wedding plans coming in across the border alright adjustment of status working in the United States and traveling outside of the United States okay so we’ve gone through that how to apply for Social Security card okay you can apply for Social Security no big deal further questions okay great so think this pretty much concludes the overview we’ve got in a really good minutiae around what is actually going to be happening and so our next thing we’re going to do is we are going to start going into the forms right and looking at the forms and actually going into the documents that you need because the next thing we’re going to do is we’re going to get together all the documents in all the forms that you need to start your processing with the USCIS you