[frank1538]

A number of members have come to the US on K-3 and K-4 visas who prefer to return to China to complete the CR/IR IV process rather than adjust status in the US. A number of questions have been raised on the procedure.

1. If the initial IV processing was for CR-1/2, will the consulate automatically issue an IR-1/2 if the marriage to the US citizen is longer than two years at the time of the interview? Does the applicant or petitioner need to do anything with respect to ensuring the proper IV classification?

2. Police Clearances. Will the applicant be required to obtain a police clearance certificate from the US if the applicant has been residing in the US for a year or longer. http://foia.state.gov/masterdocs/09FAM/094...39;dsl1083' suggests that a police clearance certificate from the US is not required.

3. If the medical report obtained in conjunction with the K-3/4 visa is less than one year old at the time of the IV interview, will the consulate accept this medical report for IV purposes? If so, what is the procedure for documenting the medical report since the K-3/4 medical records were given to USCIS at the POE?

[snoopy]

Would like to add question #4: If an I-864 submitted to NVC for CR/IR IV has expired (longer than one year when it was signed & notarized) by the time of returning to China for interview, will applicant need to present another notarized one (alone with the most current Tax Return)?

[USCONGUZ]

1. The Consulate will issue an IR visa if the petitioner and beneficiary have been married for more than 2 years. If a visa is issued, and you notice an error in the visa classification, you should contact the IV Unit via email, fax, or letter to request that we correct it.

2. We do not require beneficiaries to submit a police certificate from the U.S. If a beneficiary has an arrest or conviction in the U.S. that may render him/her legally ineligible for a visa, the interviewing officer may request that the beneficiary submit court records or other documents relating to the incident.

3. The beneficiary must obtain a new medical report.

4. If you already submitted an I-864 to the NVC, you will normally not need to submit another at the interview. A recent change in USCIS and State Department procedures allows I-864's older than one year to be used. However, in some cases an interviewing officer may request an updated I-864 and more recent tax returns. A good rule of thumb is to have the most recent and most accurate financial documents available to submit in support of your petition, just in case.

[snoopy]

Refer to Q/A number 3, If K3 visa holder think the CR1 process will be completed in near future, so they prefer to wait in China for IV interview. If the medical reports and notarial documents are less than one year old at the time of the IV interview, will the consulate accept this medical report for IV purposes? (assuming all medical reports and notarial documents are still in K3 Visa package sealed by consulate)

[USCONGUZ]

snoopy, on Aug 22 2006, 05:33 AM, said:

Refer to Q/A number 3, If K3 visa holder think the CR1 process will be completed in near future, so they prefer to wait in China for IV interview. If the medical reports and notarial documents are less than one year old at the time of the IV interview, will the consulate accept this medical report for IV purposes? (assuming all medical reports and notarial documents are still in K3 Visa package sealed by consulate)

Dear snoopy,

As a practical matter, if there is any "overlap" at all in our processing whereby the K3 and the CR1/IR1's physical files are here at the consulate at the same time, we would comibne the cases together and just interview the CR/IR. All this is just to say that the situation you envision would be extremely rare, if it ever occurred at all. To have a CR1/IR1 appear at the consulate after a K3's been issued, and make its way through our documentary and interview scheduling process within a short time, would be seldom seen.

In case this situation does come up, however, we request that you:

1) Make sure that you do not open up the sealed packet from the K3;
2) Because the vaccination requirements for K3 visas can be different from those of CR/IR1 visas, please re-submit a full medical exam;
3) We can accept the notarial documents if we here at the Consulate are the ones who unseal the K3 packet and take them out ourselves;
4) Please submit original I-864 AOS documents with supporting financial materials.

Note that in this scenario the K3 visa-holder should not go to the United States. We almost never see the CR1 following so quickly after the K3 though...

Sincerely,

USCONGUZ

This post has been edited by USCONGUZ: 15 September 2006 - 03:45 AM