A Candle for Love – K1/K3/CR1
VISA FAQ
CONTENTS:
1) Section 1 contains general comments about the visa options. Because there are many FAQs
and Step by step guides available, this reference is kept to a minimum, but
contains links for further reference.
2) Section 2 is intended to provide additional links for further
reference
IMPORTANT NOTE:
These are compilations and consolidations from other peoples questions and
answers posted on the Candleforlove.com web page and other pages. You should
read this FAQ with that in mind, because things change faster than this FAQ.
If
the question or answer is familiar to you, thank you for your
contribution. In some cases, the
original has been edited for this FAQ. These questions and answers are only
related to the visa process for those petitions going through the US Consulate
in
WHERE TO GET FURTHER
INFORMATION:
This
FAQ will contain common and frequent questions but may not have some
information you need. It is recommended
that you refer to the following additional resources:
1) CFL Visa FAQ
2) CFL P3 FAQ
3) CFL P4 FAQ
4) CFL Interview FAQ
5) CFL Interview Questions FAQ
6) CFL searchable database (www.candleforlove.com)
7) Visa Journey FAQ (http://www.visajourney.com/faq/k1faq.htm
)
=====================================================================
K1 / K3 / CR1 Visa FAQ
=====================================================================
Section One: Questions
related to K1/K2/K3/K4/CR1/CR2/IR1/DCF applications.
-------------------------------------------------------------------------------------------------------------------
Q.1.1What is a FAQ?
Q.1.2 K1?
Q.1.3K2?
Q.1.4K3?
Q.1.5K4?
Q.1.6CR-1?
Q.1.7CR-2?
Q.1.8CR-1 and IR-1?
Q.1.9K3 and CR1: Submit both or just CR1?
Q.1.10Does it matter where we get married in China?
Q.1.11DCF?
Q.1.12What is the issue of ‘public charge’?
Q.1.13What is the difference between the I-864 and I-134
affidavit of support forms?
Q.1.14Is a Medical Exam required?
Q.1.15Which Visa types require vaccinations?
Q.1.16 Adjustment of Status to Lawful Permanent Resident?
Q.1.17 Removing Conditions on Lawful Permanent Resident?
Q.1.18Ugrading a Petition - If You Were an
LPR and Now are an American Citizen?
Q.1.19What fees can be expected throughout the process?
===================================================================
Section two: Links and
Resources
-------------------------------------------------------------------------------------------------------------------
Q.2.1 What FAQ materials or regulations can I refer to?
Q.2.2Where can I see sample forms?
Q.2.3Where can I see processing center information?
Q.2.4Where can I see timelines on the internet?
Q.2.5Information on getting married in China?
Q.2.6My SO is/was a member of the communist party. How do we deal with this issue?
Q.2.7My SO has a child, where can I look for info?
Q.2.8How do you recommend I search for information?
Q.2.9Is there a Chinese website that my Chinese fiancée/husband/wife
can visit?
------------------------------------------------------------------------------------------------------------
(30 May 2005)
Q.1.1 What is a FAQ?
A.1.1.1
FAQ is an acronym for Frequently Asked Questions.
A.1.1.2
When there is a FAQ available on a web site or forum, it is there to help
people who are new to the subject get a basic level of understanding by
answering the questions that are frequently asked. It is considered common
courtesy in the on line world to read the FAQ before posting your question as
it may already have the answer you need, or it might help you to formulate your
questions so that someone else can more easily help you when you ask them.
A.1.1.3
There are a lot of acronyms and abbreviations used on the CFL forum. Please
read the CFL FAQ for the definitions of the commonly used ones.
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005) -- Visa Journey
A.1.2.1
The
lives.
The foreign fiancée gathers certain paperwork, attends an interview, and
(hopefully) gets the fiancée visa, travels to the
A.1.2.2
Pluses
Typically
quicker than a spousal visa
Can work upon entry after getting social security card and an EAD. An EAD is
applied for at the same time you file for AOS (after marriage). Typical wait
times are 90 days to get the EAD).
May allow for a "get to know your fiancée better" period before
marriage, since the visa is good for 90 days. If you pursue a spousal visa you
MUST marry before you apply for a visa to enter the
A.1.2.2
Minus
Will
need advance parole in order to travel outside the
If the relationship fails before the green card is received, there are no other
options for adjustment and the K-1 spouse has to leave the
K-1 visa recipients are in valid status for only 90 days and may not extend
their status. K-1 visa holders should marry and file adjustment of status within
90 days after entry into the
Only
A.1.2.4
The K-1
visa allows a fiancé(e) to enter the
A.1.2.5
More
info:
How do I bring my
fiancée to the
http://uscis.gov/graphics/howdoi/fiance.htm
How do I change my
fiancée’s status to Lawful Permanent Resident
http://uscis.gov/graphics/howdoi/hdifiance.htm
Advanced Parole:
http://uscis.gov/graphics/howdoi/travdoc.htm
Emergency Travel:
http://uscis.gov/graphics/services/Emergency/index.htm
Checklist:
http://www.geocities.com/shayna61/fiancevisachecklist.html
Super site for
reference on K-1 immigration:
http://uschinak1.com/
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
A.1.2.1
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.
A.1.3.2
Child: Unmarried child under the age of
21 years. A child may be natural born, step or adopted. If the child is a
stepchild, the marriage between the parent and the American citizen must have
occurred when the child was under the age of 18. If the child is adopted, he/she
must have been adopted with a full and final adoption when the child was under
the age of 16, and the child must have lived with and been in the legal custody
of the parent for at least two years. An orphan may qualify as a child if
he/she has been adopted abroad by an American citizen or if the American
citizen parent has filed an immediate-relative (IR) visa petition for him/her
to go to the
In
certain visa cases a child continues to be classified as a child after he/she
becomes 21, if the petition was filed for him/her when he/she was still under
21 years of age. For example, a IR-2 child of an American citizen remains a
child after the age of 21 if a petition was filed for him/her on or after August
6, 2002, when he/she was still under 21 years old. The child must meet other
requirements of a child as listed above.
Stepchild: A spouse’s child from a
previous marriage or other relationship. In order for a stepchild to be able to
immigrate as a “child,” the marriage creating the stepchild/stepparent
relationship must have happened before the stepchild was 18 years of age.
A.1.3.4
Son / Daughter:
An unmarried “son or daughter” is a person who was once a
“child” but who is now 21 years of age or older. A “married son or daughter” is
a person who has a recognized parent-child relationship, but who is also
married, regardless of age.
A.1.3.5
Adopted Child:
An adopted child if the child was adopted before the age of
16 and has lived with the adoptive parent(s) in their legal custody for at
least two years
A.1.3.6
Orphan:
An orphan under the age of 16 when an adoptive or
prospective adoptive parent files a visa petition on his or her behalf, who has
been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by
a U.S. citizen,
A.1.3.7
Adopted Sibling:
A child adopted who is under the age of 18 and the natural
sibling of an orphan or adopted child under the age of 16, if adopted with or
after the sibling. The child must also otherwise fit the definition of
orphan or adopted child
-------------------------------------------------------------------------------------------------------------------
(Edited 3 June 2005) -- Visa Journey
A.1.4.1
The
As soon as the
The remainder of the K3 spouse petition is similar to a fiance
visa process. The K-3 spouse files for adjustment of status after entering the
If the I-130 is approved and the applicant has not applied for AOS yet, they
may return to their country and once issued a CR-1 or IR-1 Visa, return to the
A.1.4.2 Pluses
K3
visa holder can work upon entry after getting social security card and an EAD.
NO
advance parole needed for travel outside the
K-3/K-4 visa holders may extend status by showing strong intent to eventually
adjust status.
After receiving the k3 visa, the spouse enters on the K3 and is allowed to work
and to travel, and may file adjustment of status BEFORE the I-130 petition is
approved.
Generally allows applicant to enter the
A.1.4.3 Minuses
K3
visa holder will have to file adjustment of status after entry or do consular processing of an
I-130 in order to gain resident status.
May only adjust status based on marriage to original petitioner.
If the marriage fails before adjustment of status is complete, will have to
leave the
EAD (work) card must be obtained via mail to Chicago INS office, and there will
be some waiting time before one can work. The exact amount of time for work
authorization is not known, but is thought to be a few months, possibly more.
A.1.4.4
K4
has to follow the K3 within 6 months if you file together.
A.1.4.5
More
info:
K3 Visa Implementation:
http://travel.state.gov/visa/laws/telegrams/telegrams_1431.html
Guide To V and K3 Processing:
http://travel.state.gov/visa/laws/telegrams/telegrams_1399.html
How do I
bring my spouse to live in the
http://uscis.gov/graphics/howdoi/spouselive.htm
-------------------------------------------------------------------------------------------------------------------
(Edited 3 June 2005)
A.1.5.1
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
Fiancée, 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
A.1.5.2
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.
A1.5.3
The K-4
child will not be able to file for adjustment of status in the
A.1.5.3
K4
has to follow the K3 within 6 months if you file together; 1 year if filing separately
A1.5.4
See
-------------------------------------------------------------------------------------------------------------------
(Edited 3 June 2005)
Q.1.6 CR-1?
A.1.6.1
The
This is basically the 1st half of the K-3 process. If you file for a K-3 you
are filing to get an IR-1 / CR-1 by default (filing an I-130) as well as for
the K-3. The K-3 was designed to allow the foreign spouse to enter the
A.1.6.2
Both
the CR-1 and K-3 go to NVC for processing. The K-3 and K-1 GENERALLY only spend
a few weeks here. The CR-1 has additional "hands on" work to do (fee
bills Agent of Choice I-864 & DS-230). The P3 information will come from NVC not
Once
"case is completed" at NVC it gets forwarded to GUZ. Then P-4 and
interview are about the same process as the K visas
A.1.6.2
Some
folks at VJ recently report having sped through NVC in 68 days after getting a
case number using various shortcuts. Typically 3- 6 months is what this has
taken most to get through the NVC approval cycle in the past.
A.1.6.3
A CR-1 Immigrant Visa has the added step of NVC approval after
1.
After a few weeks of waiting for NVC to assign a new case # (GUZ type) we have
to elect an Agent of Choice, on form DS-3032, (lawyer, petitioner, Beneficiary,
etc.) where we want subsequent paperwork to be sent. (This must be signed by
your wife and returned by her before the NVC will proceed.)
2.
We then receive the Affidavit of Support and IV fee bills. (and freeze
everything until your check clears the bank.)
3.
After the payment of these fees to
4.
The DS-230 package contains a GUZ Special P-3 supplemental sheet. The NVC
DS-230 package takes the place of a GUZ P-3. So that NO p-3 is sent out from
GUZ for a CR-1, assuming your wife has named you agent of choice in the DS3032.
5.
Both the forms have a bar coded case# sheet that must be returned- additionally
the I-864 has a Tax Info release form that has to be signed and is bar coded.
The DS-230 package will have a GUZ special P-3 Supplemental form in it
that must have Chinese entries (can be downloaded in advance here at
links and resources P-3/4) and ALSO a photocopy of the S/O's passport bio.
page.
6.
The I-864 goes for a review cycle and also the DS-230 upon receipt at NVC .
There is also a final review of ALL required documentation whereupon NVC
will report "case completion" and later forward it to the Consulate
5.
From this point NVC ships the file to GUZ, clearance delays, log-in times, name
checks GUZ, P-4 and the interview process are about the same as a K visa.
A.1.6.4
A
CR1 visa holder can work upon entry (no restrictions).
This
is an "immigrant" Visa and will as such allow the applicant to arrive
in the
They
will not require an Advanced Parole document to leave the
As
of April 2005 many applicants have reported that IR1/CR1's are faster than the
K-3 option. This may change at any time though.
A.1.6.5
"The
interview can last for as littles as 10 minutes or up
to an hour depending upon your specific case. You relative will take an oath
under
A.1.6.6
If
she is CR1 she is finished and only waiting on a green card. She can come and
go as she pleases. The issue is the country she is visiting.
A.1.6.7
More
Info:
Visa Journey I-130
Guide
http://www.visajourney.com/forums/index.php?pg=i130guide1
How do I
bring my spouse to live in the
http://uscis.gov/graphics/howdoi/spouselive.htm
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.1.7 CR-2?
A.1.7.1
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
A1.7.2
See
-------------------------------------------------------------------------------------------------------------------
(Edited 31 May 2005)
A.1.8.1
CR"
stands for "Conditional Residency". IR stands for “Immediate Relative”.
If
you are married less than two years, that would be a CR-1. You need to be married two years for an IR-1 status.
A.1.8.2
You file
for a CR-1 by filing an I-130 form. "
If you are a
A.1.8.3
Please
note that if your marriage is less than 2 years old, your spouse will receive a
conditional green card which will be valid for 2 years. You and your spouse
MUST file form I-751 (Petition to Remove the Conditions of
Residence) jointly 90 days before your spouse's green card expires.
A.1.8.4
You must
have a domicile (residence) in the
-------------------------------------------------------------------------------------------------------------------
(Edited 17 June 2005)
Q.1.9 K3 and CR1:
Submit both or just CR1?
A.1.9.1
The
CR1 will sit at the NVC for 3-4 months while you get all your paperwork sent
in. The K visa's only stay at the NVC for 1 month. So if the time diff between
your service center and Chi is significant enough, the K3 is still worth
filing.
In my case and many other's the only purpose of the K3 is to get us a place in
line for the interview several months quicker. While the CR1 finishes
processing and is received at GZ. In my case I guesstimate the K3 helped xxxx to get an interview 5 months earlier then if just the CR1
was sent thru.
A.1.9.2
For
people dealing with China, if you're married, I still would advise sending in
the application for K3 ... because even though CR-1s are getting approved much
faster than K3s at the USCIS service centers, the CR-1 takes much longer at the
NVC stage. So the time savings is not as great as you would think. And then if
you should have any problem or tie-up in the CR-1 case, such as an RFE, then
the K3 case could surpass it. The K3 is like an insurance policy.
A.1.9.3
A
K-3 at the MSC service center lately takes 7 months. CSC takes approx 1-2
months on the I-130. MANY of us here have seen our I-130 get approved at our
service center spend 3-6 months at NVC and STILL beat the K-3 approval cycle at
MSC. Also ALL I-129F/K-3 are filed at MSC- not your regional service center. – June 2005
A.1.9.4
I
had two horses in the race (the I-129F and I-130). I took the one that finished
first.
#2. Maybe waited out a K-3 as the applicants had a child and had not filed
SEPERATE I-130's for them.
#3. Close race and the K-3 was a little faster but choose to go with the CR-1.
No EAD, AOS, also LPR status much
sooner- Some have found that their state will not consider you a resident for
College tuition purposes unless a LPR or Citizen.
-------------------------------------------------------------------------------------------------------------------
(Edited 13 June 2005)
Q.1.10 Does it matter
where we get married in
A.1.10.1
I
believe Chinese people can only register for marriage in the place of their hukou (household register). That should be the same place
where their dangan (file) is kept.
A.1.10.2
My
wife and I had to travel to
you will need a certificate of marriage eligibility. I went to the US Embassy
in
A.1.10.3
Because
you are a foreigner, you must go to the provincial capital to register the
marriage and say the marriage oath...in Chinese. Then you must register in yourSO's hometown as well.
When you get the eligibility certificate be sure they write the date with
written months (ex: 1 JAN 2004). I had to get one twice when we got married in
Feb 2004 because the local marriage office read the date on the cert. as
expired. We got the first cert. on Nov. 4 2003 (11 4 2003 ) but they read it as
April 11 2003...more than six months old...no good! But because the date was
only done in numbers, we had no choice but to fly to
A.1.10.4
More
info:
Direct Consular Filing
in
http://www.kamya.com/intro/dcf.html#CH
-------------------------------------------------------------------------------------------------------------------
(Edited 13 June 2005)
A.1.11.1
It's
a street term for Direct Consular Filing. It is NOT an official term.
When a USC is a resident in a foreign country, they *may* be able to file the
I-130 at the
A.1.11.2
We
filed DCF because we both live and work in
A.11.3
I
live in
If you are in
The way it works is, after you file, it goes to
A.1.11.4
You
do not need to wait 6 months after you get your residence book. I only had my
residence book for a few weeks before I filed. And I know people who filed the
day after they got their residence book.
A.1.11.5
I
am only familiar with DCF and the process has taken roughly 7-8 months to get
to the interview. I am already married and we filed the I-130. See, we weren't
any different once we sent the P3 back, before that, you save a lot of time by
avoiding the American centers. If one is truly determined, get married in
A.1.11.6
The
employer takes care of obtaining a work permit (z-visa) and a residence book.
Usually takes 2-3 weeks including a medical examination. As soon as you get a residence book, you
can file DCF and immediately leave
As a small note, DCF can only be done for a spouse, and it is an immigrant visa
(CR1). You can not do a K visa DCF.
A.1.11.7
What
you are describing is a DCF where you file the I-130 directly with the
embassy/consulate rather than sending it to the
A.1.11.8
you
do NOT file for adjustment of status with a CR1. You only file a petition to
remove conditional residency between 21 and 24 months after arriving in the
A.1.11.9
From
the time you send in your P3 packet information, the DS-###pt 1 and such,
expect about a 3 to 3 and a half month wait. This part doesn't change and is
the same whether you are DCR or not. The part that takes the shorter time is
the initial I-130 filing to getting your case number.
A.1.11.10
My
wife and I did our I-130 DCF through
A.1.11.11
Be sure to call the place where you plan to DCF before going there to apply.
You need to find out what documents you must bring. This information isn't on
the Embassy website, surprise, surprise (at least it wasn't when I did this
last November). And even though I called, they forgot to tell me to bring one
document - when we traveled to
But
after you get DHS approval, then your case is forwarded to GUZ, and they handle
everything from there, up to the interview and issuing of visa.
A.1.11.12
If
you're living in
A.1.11.13
If
you DCF through HK, you can only go K3.
A.1.11.14
I
believe you have to get married in the city of their hukou.
If you really want to get married in the city where you are living, you could
always go to the marriage office and ask.
A.1.11.15
As
a general rule, the petitioner must reside in the consular district but the
residence or even physical presence of the beneficiary is immaterial. The petitioner must execute the petition in
person before the consular officer.
A.1.11.16
my
husband got everything over with all at once. He went in the morning [to
Guangzhou Consulate for interview] and they did the whole interview, collecting
the I-864 and all accompanying tax returns. It was all over by noon.
A.1.11.17
there
is one Embassy and 4 Consulates on the Mainland:
Shanghai – Consulate, where regional filing occurs
Shengyang –
Consulate, where regional filing occurs
Other
than mainland
A.1.11.18
More
info:
Visa Journey:
http://www.visajourney.com/forums/index.php?pg=compare
9 FAM:
http://foia.state.gov/masterdocs/09fam/09n0200.pdf
http://uscis.gov/graphics/shared/fieldoffi...ing/aboutus.htm
A map of
jurisdictions can be found here:
http://www.usembassy-china.org.cn/beijing/consulate-map.html
Direct Consular Filing
by Country
http://www.kamya.com/intro/dcf.html
-------------------------------------------------------------------------------------------------------------------
(Edited 6 July 2005)
Q.1.12 What is the
issue of ‘public charge’?
A.1.12.1
9 FAM 40.41 Procedural Notes:
For the purpose of determining visa ineligibility under INA
212(a)(4), the term "public charge" means that an alien, after
admission into the
I-864 Fact Sheet:
Every
immigrant admitted to the
A.1.12.2
9 FAM 41.81 Procedural Notes:
A K visa
applicant and any accompanying children must meet the public charge requirement
of INA 212(a)(15) like any other visa applicant. Evidence of support is usually
requested by the consular officer. There is, however, no absolute requirement
that an affidavit of support or other public charge documentation be presented.
It is only necessary that the consular officer be able to conclude that the
alien is not likely to become a public charge. It would not be unusual,
therefore, for a healthy alien of working
age,
applying alone, to be able to establish eligibility during the visa interview
without the need for substantiating documentation.
A.1.12.2
9
FAM 41.81 Notes:
K-1 and
K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the
consular officer's satisfaction that they will not become a public charge. The
Form I-864, Affidavit of Support Under Section 213 A
of the Act cannot be required. Applicants may submit a letter
from the petitioner's employer or evidence that they will be self-supporting.
The Form I-134, Affidavit of Support, may be
required when the consular officer deems it useful.
A.1.12.3
FY 2005
Sponsors Household size - 125% of poverty line
2 - $16037
3 - $21112
4 - $24187
and so forth.....
If you do not meet the 125% over poverty line, then you
must have a joint sponsor to fill out an affidavit of support.
A.1.12.4
9 FAM 40.41
Notes:
http://foia.state.gov/masterdocs/09fam/0940041N.pdf
-------------------------------------------------------------------------------------------------------------------
(Edited 4 July 2005)
Q.1.13 What is the difference between the I-864
and I-134 affidavit of support forms?
A.1.13.1
Note that neither an I-864 nor an
I-134 is required for K# post interview; K3 applicants (and K1 after marriage) must
present the I-864 when they adjust status in the
A.1.13.2
Since
fiancées are nonimmigrant visa applicants, they should use the I-134. They will
need to submit an I-864 to BCIS when they adjust status to conditional
immigrant in the
The
125 percent minimum income requirement, the need for the last three years
income tax returns and other requirements only apply when an I-864 is needed.
Applicants using the I-134 will need to show that their sponsor's income is 100
percent of federal poverty guidelines as required under Section 212(a)(4) of
the INA.
A.1.13.3
I-864:
This legally enforceable affidavit is a result of immigration reform legislation. Now that the foreign national spouse has indicated an intention to remain here permanently, the US
The financial responsibility for this guarantee lies on those who sign the I-864 affidavit, and lasts until the sponsored immigrant becomes a naturalized US
If you do not meet the guidelines for income level (125% of poverty level) you will need a joint sponsor who does meet the guidelines. The US Citizen’s spouse must submit an I-864, and the joint sponsor will also submit an I-864. If the joint sponsor is a member of your household, they will submit an I-864a "Contract between Sponsor and Household Member". Any joint sponsors must be domiciled in the United States
It is worth nothing that some local INS offices will accept an incomplete affidavit of support with the initial AOS package, but will
require the completed affidavit at the AOS interview. The only way to know is to contact the local office and ask.
A.1.13.4
I-134 = K1,
I-864 = CR1, CR1, IR1, IR2 at Adjustment of status through NVC
I-864 = K1,
A.1.13.5
Editor:
It
should be noted that the Guangzhou Consulate appears to request the I-134 often
enough that it is wisest to always bring one, and be ready to hand over in case
the beneficiary is asked for it. As
well, a year of taxes and W2 is recommended, along with the employment letter,
and bank letter if sufficient assets are to be considered. See CFL P3 FAQ for more information.
A.1.13.6
More
info:
Affidavit
of Support: I-134 & I-864
http://www.visajourney.com/forums/index.php?pg=support
I-864 Fact
Sheet:
http://uscis.gov/graphics/publicaffairs/factsheets/affaqa.htm
1-864 Check List:
http://travel.state.gov/visa/immigrants/info/info_1329.html
I-864 FAQ:
http://travel.state.gov/visa/immigrants/info/info_1328.html
How do I file an
Affidavit of support for a relative?
http://uscis.gov/graphics/howdoi/affsupp.htm
-------------------------------------------------------------------------------------------------------------------
(Edited 22 July 2005)
Q.1.14 Is a Medical
Exam required?
A.1.14.1
Since
applicants for K visas are essentially intending immigrants, a complete medical
examination is required in every case.
The regulations of the USPHS (see
42 CFR 34.3(b)) provide that neither a chest X-ray examination
nor serologic testing for syphilis and HIV infection shall be required if the alien is under the
age of 15. A tuberculin test may be required, however, where there is evidence
of contact with a known case of tuberculosis or other reason to suspect
infection with tuberculosis, and a
chest X-ray examination is required in the event of a positive
reaction. A serologic test may be required where there is reason to suspect
infection with syphilis or HIV.
USPHS
has designated the following as communicable diseases of public health
significance:
(1) Chancroid;
(2)
Gonorrhea;
(3) Granuloma inguinale;
(4)
Human immunodeficiency virus (HIV) infection;
(5)
Leprosy, infectious;
(6) Lymphogranuloma venereum;
(7)
Syphilis, infectious stage; and
(8)
Tuberculosis, active.
A.1.14.2
More
info:
9 FAM
41.108 Notes:
http://foia.state.gov/masterdocs/09fam/0941108N.pdf
9 FAM
41.108 Procedural Notes:
http://foia.state.gov/masterdocs/09fam/0941108PN.pdf
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.1.15 Which Visa types
require vaccinations?
A.1.15.1
All applicants
for immigrant visas are required to have the following vaccinations if
appropriate for age, medical condition or medical history:
As a fiancée (K1 visa),
you are not required to fulfill this requirement at the time of your medical
examination for a fiancée visa. However, you may want to do so. These
vaccinations are required when you adjust status.
A.1.15.2
She
should be exempt from all of the childhood immunizations, as these are not
indicated for an adult. The influenza is only given in wintertime. The Pneumococcal is only for people 65 or over. If she has a
chickenpox scar on her arm, then that vaccine is not indicated. This only
leaves MMR (Measles, Mumps and Rubella) and tetanus. Amy told the doc that she
had the MMR shot as a child and as a result she only had to get a tetanus shot.
She showed the doc her yellow vaccination book (which has no English in it) and
the doc bought her story.
Another factor is if she is in childbearing years, as this will mean that
several immunizations should not be given.
A.1.15.3
I
was told that the necessary shots are tetanus, MMR, and a chicken pox
vaccination if the patient has never had the chicken pox.
A.1.15.4
More
info:
Vaccination Requirements for Immigrant
Visa Applicants and AOS Applicants
http://uscis.gov/graphics/generalvac.pdf
http://uscis.gov/graphics/i-693faq.htm
Spouse and
Fiancée of American Citizen
http://travel.state.gov/visa/immigrants/types/types_1315.html#10b (see
vaccination requirements)
9 FAM
41.108 Notes:
http://foia.state.gov/masterdocs/09fam/0941108N.pdf
9 FAM
41.108 Procedural Notes:
http://foia.state.gov/masterdocs/09fam/0941108PN.pdf
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.1.16 Adjustment of Status to Lawful
Permanent Resident?
A.1.16.1
K1 / K3:
You are eligible to apply for adjustment to permanent
resident status if you are already in the
A.1.16.2
CR1/IR1:
How
can you adjust status when you have none? AOS for K- visas (IF I am correct) is
to adjust status from a NON-immigrant to LPR status. As a CR/IR-1 you are still
applying for an IMMIGRANT visa at NVC this time.
A.1.16.3
More Info:
Who may apply to become a Lawful
Permanent Resident
http://uscis.gov/graphics/howdoi/lpreligibility.htm
Becoming a Permanent Resident
http://uscis.gov/graphics/howdoi/LPRApplication.htm
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.1.17 Removing Conditions on Lawful
Permanent Resident?
A.1.17.1
A lawful permanent resident is given the privilege of living and working
in the
A.1.17.2
You and your spouse must apply together to remove the conditions on your
residence. You should apply during the 90 days before your second anniversary
as a conditional resident.
A.1.17.3
If your child received conditional resident status within 90 days of
when you did, then your child may be included in your application to remove the
conditions on permanent residence. Your child must file a separate application
if your child received conditional resident status more than 90 days after you
did.
A.1.17.4
More info:
How do I remove
conditions on Permanent Residence based on marriage?
http://uscis.gov/graphics/howdoi/remcond.htm
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.1.18 Upgrading a Petition - If You Were an LPR
and Now are an American Citizen?
A.1.18.1
Suppose
you filed a petition for your spouse when you were a lawful permanent resident
(LPR). Now you are an
If you are now a
A.1.18.2
Upgrade
a petition: If you
naturalize (become an American citizen) you may ask the INS to change the
petitions you filed for family members when you were a lawful permanent
resident (LPR) from one category to another. This is called upgrading. For
example, a petition for a spouse will be changed/upgraded from F2 to IR1. That
is, the petition changes from a preference category with numerical limits to an
immediate relative category without numerical limits. The applicant no longer
has to wait for her/his priority date to be reached.
Upgrading
a petition sometimes has consequences. A preference petition for a spouse
permits derivative status for children. An immediate relative petition does
not. You, the petitioner, would need to file separate petitions for each of
your children.
A.1.18.3
Family First Preference: A
category of family immigration (F1) for unmarried sons and daughters of
American citizens, and their children.
Family Second Preference: A
category of family immigration (F2) for spouses, children and unmarried sons
and daughters of lawful permanent residents.
Family Third Preference: A
category of family immigration (F3) for married sons and daughters of American
citizens and their spouses and children. Before 1992 this was known as fourth
preference (P-4).
Family Fourth Preference: A
category of family immigration (F4) for brothers and sisters of American
citizens and their spouses and children. The American citizen must be 21 years
of age or older before he/she can file the petition. Before 1992 this was known
as fifth preference (P-5).
A.1.18.4
More info:
http://travel.state.gov/visa/immigrants/types/types_1315.html#7b
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.1.19 What fees can be
expected throughout the process?
A.1.19.1
K1 – K4
I-129F
= $165
A.1.19.2
CR1
I-130
= $185
I-864
= $65
A.1.19.3
Fees normally occurred
by the Chinese beneficiary’s steps, given in RMB
Translating
various documents: 500 - 3000 RMB
Non-immigrant
visa: K1-4 visa is 830 RMB, per visa
Immigrant
visa: CR-1/IR-1 = 3,154 RMB, per visa
Exam=
800 RMB; expedited service=100 RMB.
Visa
pickup=20 RMB.
A.1.19.4
Beginning
March 8, 2005, IV applicants who have paid the current $335 IV application fee
via
A.1.19.5
You
will have to pay the visa fee for the children as well as for the mother when
the time comes.
The children will need a physical, the same as the mother when the time comes.
Medical fees vary.
-------------------------------------------------------------------------------------------------------------------
===================================================================
===================================================================
===================================================================
=====================================================================
General Visa Links
=====================================================================
Q.2.1What FAQ materials or regulations can I refer to?
Q.2.2Where can I see sample forms?
Q.2.3Where can I see processing center information?
Q.2.4Where can I see timelines on the internet?
Q.2.5Information on getting married in China?
Q.2.6My SO is/was a member of the communist party. How do we deal with this issue?
Q.2.7My SO has a child, where can I look for info?
Q.2.8How do you recommend I search for information?
Q.2.9Is there a Chinese website that my Chinese fiancée/husband/wife
can visit?
=====================================================================
=====================================================================
The Answers.
=====================================================================
Section One: General Visa Links
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.2.1 What FAQ materials
or regulations can I refer to?
A.2.1.1
Government Regulations,
Statutes, FAQ:
Immigration
and Nationality Act (INA):
http://www4.law.cornell.edu/uscode/
http://www4.law.cornell.edu/uscode/html/us...c_sup_01_8.html
http://www4.law.cornell.edu/uscode/html/us...01_8_10_12.html
http://www4.law.cornell.edu/uscode/html/us...0_12_20_II.html
http://www4.law.cornell.edu/uscode/html/us...0_II_30_II.html
http://www4.law.cornell.edu/uscode/html/us...84----000-.html
http://www.fourmilab.ch/uscode/8usc/8usc.html
http://www.fourmilab.ch/uscode/8usc/www/t8...II-II-1184.html
http://www.oalj.dol.gov/public/ina/refrnc/8_1184.htm
Foreign Affairs Manual (FAM):
http://foia.state.gov/REGS/fams.asp?level=2&id=10&fam=0
Finance and Spouse immigration:
http://travel.state.gov/visa/immigrants/ty...es_1315.html#3a
Spouse immigration:
“How do I”, FAQ:
http://uscis.gov/graphics/faqs.htm
Glossary
of Visa Terms:
http://travel.state.gov/visa/frvi/glossary/glossary_1363.html#a
The
http://www.usembassy-china.org.cn/guangzhou/
A.2.1.2
Non-Government:
CFL Links and Resources:
http://www.candleforlove.com/forums/index.php?s=2cda9e8789b6c011d0960e3c27953f68&act=SF&f=7
Visa
Journey FAQs, step by step, etc.:
http://www.visajourney.com/faq/k1faq.htm
NewsGroup FAQ:
http://www.jammed.com/usenet/faq/faq/us-visa-faq/k1-fiancee
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.2.2 Where can I see
sample forms?
A.2.2.1
– Initial Application for K1/K3 & CR1
USCIS:
http://uscis.gov/graphics/formsfee/forms/index.htm
http://uscis.gov/graphics/fieldoffices/scnational/index.htm
A.2.2.2
– Non-USCIS sites
Fillable
Forms:
http://www.visapro.com/INS-Forms-Download.asp
Visa
Journey:
http://www.visajourney.com/forums/index.php?act=Downloads
Samples
on Visa Journey:
http://www.visajourney.com/forums/index.php?pg=examples
CFL:
http://home.comcast.net/~donahso/index.htm
P3 documents online or PDF, Anyone got 'em?
http://www.candleforlove.com/forums/index.php?act=ST&f=1&t=4117
Misc site:
http://www.richsun.com/20020227.html
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.2.3 Where can I see visa
center info and processing center information?
A.2.3.1
Visa
Centers:
VSC
–
TSC
–
CSC
–
NSC
–
USCIS
Service Centers:
http://uscis.gov/graphics/fieldoffices/scnational/index.htm
A.2.3.1
Processing
times:
http://www.visajourney.com/forums/index.php?pg=times
http://members.aol.com/MDUdall/sctimes.htm
-------------------------------------------------------------------------------------------------------------------
(Edited 20 July 2005)
Q.2.4 Where can I see
timelines on the internet?
A.2.4.1
Visa
Journey
http://www.visajourney.com/timeline/
Marriage
Based Visas
http://www.marriagebasedvisas.org/visa/k-1/index.php
K1K3
K1
Visa
http://www.davehollis.com/k1/list.php
A.2.4.2 – 001 website
K-# Timeline: http://001family.001.bank.cn/timeline/K3.asp
Waiting for P3 timeline: http://001family.001.bank.cn/timeline/P3.asp
Waiting for P4 timeline: http://001family.001.bank.cn/timeline/P4.asp
Interview Dates: http://001family.001.bank.cn/timeline/interviews.asp
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.2.5 Information on getting married in
A.2.5.1
http://www.usembassy-china.org.cn/guangzhou/cons/marriedchina.html
A.2.5.2
http://www.usembassy-china.org.cn/us-citizen/mrginfo.html
A.2.5.3
http://www.kamya.com/intro/dcf.html#CH
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.2.6 My SO is/was a
member of the communist party. How do
we deal with this issue?
A.2.6.1
CFL
collection of threads on the topic:
http://www.candleforlove.com/forums/index.php?act=ST&f=7&t=10946&s=2cda9e8789b6c011d0960e3c27953f68
-------------------------------------------------------------------------------------------------------------------
(Edited 30 June 2005)
Q.2.7 My SO has a
child, where can I look for info?
A.2.7.1
How Do
I Bring My Child, Son or Daughter to Live in the
http://uscis.gov/graphics/howdoi/child.htm
Petitioning
Procedures: Bringing a Child, Son or Daughter to Live in the
http://uscis.gov/graphics/howdoi/childproc.htm
Visa
Journey:
http://www.visajourney.com/forums/index.php?pg=child
A.2.7.2
"Age out" cases involve the children of principal aliens or
Please note: The above statement may no longer apply to your individual case.
On August 6, 2002, President Bush signed into law the Child Status Protection
Act (CSPA). This law changes the "Age Out" rules in effect prior to
signing of the CSPA which were previously defined under the Immigration and
Nationality Act (INA). Under the new law, a child will be prevented from
"aging out" due to service processing delays.
How Do
I Prevent My Child From Losing Benefits at Age 21 ("Aging Out")?
http://uscis.gov/graphics/howdoi/agingout.htm
The
Child Status Protection Act (CSPA):
http://uscis.gov/graphics/lawsregs/handbook/CSPA092002_pub.pdf
DOS
Cable on CSPA:
http://www.shusterman.com/cspa-dos103.html
-------------------------------------------------------------------------------------------------------------------
(Edited 7 July 2005)
Q.2.8 How do you
recommend I search for information?
A.2.8.1
– Forums
Candle
for Love (CFL): http://www.candleforlove.com – forum specific to petitions for Chinese
beneficiaries, utilize the forums to ask questions, search the database, and
see Links and Resources forum.
Visa
Journey (VJ): http://www.visajourney.com – forum for petitions to all countries ,
includes step by step guides, FAQs, sample documents,
and forums are separated by visa type and processing center, etc.
A.2.8.2
– Internet browser
Type
in a search word into your browser search box (K1 visa, etc)
A.2.8.3
– Basic steps
1.
Compare and understand the Visa differences - http://www.visajourney.com/forums/index.php?pg=compare
2.
Ask questions: If you are looking for a
visa process through
3.
View the step by step guides, download forms and submit the application: http://www.visajourney.com/faq/k1faq.htm
4.
Continue to understand the steps in the process so that both petitioner and
beneficiary have realistic expectations.
5.
For
-------------------------------------------------------------------------------------------------------------------
(Edited 7 July 2005)
Q.2.9 Is
there a Chinese website that my Chinese fiancée/husband/wife can visit?
A.2.9.1
See
Chinese Language Forum on CFL: http://www.candleforlove.com
A.2.9.2
001: http://usa.bbs.net/bbs/01/index.html
EOF