44 Pages
My Russian Fiance
K1 Visa Kit
10 Year Edition
Bring Your Russian Fiance to the United States MyRussianFiance.com
Aurous Publishing
2
K-1 FIANCE VISA KIT
Step By Step Guide for K-1 Visa Application Contact: support@myrussianfiance.com
Copyright Š Aurous Publishing 2003-2013 All rights reserved
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3 READ ME FIRST
Thank you for purchasing our Fiancée Visa Kit. The downloaded package includes several files to help you get started. If you have trouble opening any of the included files please send an email to support@myrussianfiance.com and we will contact you shortly. Please include your email address and phone number so we can get in touch you easily. The Package includes many templates designed to speed you through the documentation process. To make it easy for all types of situations we have used two key words in all our samples: Sponsor (The American filing the petition) and Fiancé (The foreign man or woman who the visa is for).
Kit Contents: The Visa Kit: Detailed instructions and tips regarding the Fiancée Visa Process Sample Petition Cover Letter: This is a Microsoft Word Template to be used for your package as a cover letter. A cover letter is recommended so the Immigration officer reviewing your case immediately knows what this package is and who it is for. Sample Proof of Employment: Many employers are unsure how to properly document your income for the purposes of immigration. This letter is provided as a suggested template to help your employer quickly provide you with the needed document for your Fiancée’s package. Sample Bank Verification Letter: This letter will be generated by your bank but we include one to help you know what to ask for. You will not need to complete the financial support documentation until AFTER your fiancé is scheduled for an interview at their home embassy Sample Affidavit of Intention to Marry (for Sponsor and Fiancé): Some believe this is no longer necessary but an abundance of detail is far more favorable to your case than a lack of appropriate paperwork. This document also shows you are aware of the requirement to marry within 90 days of your Fiancée’s arrival-a detail the Immigration office insists on repeating over and over. Proof of Relationship Template: This template was designed using Microsoft PowerPoint. The information is the same as presented in the Kit. PDF file. If you have access to PowerPoint you can edit this template and prepare a nicely laid out “story” about you and your Fiancée. Typically the embassy and border entry personnel will want to see this kind of information. You should send a copy of the file to your Fiancée prior to her Embassy interview. Forms: • Petition for Alien Fiancée* and Instructions •
Biographical Background Form
•
E-notification of Application/Petition Acceptance
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Affidavit of Support:* This form will help you illustrate your ability to support yourself and your Fiancé based on your income. Everyone makes the mistake of completing this form at the beginning of the process. It will not be needed until after the interview is scheduled. Please do not do the form or supporting financial documents early-as they will be out dated by the time you need to provide them!
•
Application for Immigrant Visa and Alien Registration
•
Non immigrant Fiance VIsa Application
* Disclaimer: While we try to keep all forms current in the Visa Package, it is possible that the Department of Homeland Security will change or publish new forms before we are able to update our package. Please ensure you are using the most recent forms before sending your package on for processing. Links to each form are included in the appendix for your reference. The DS forms are informational only, your fiance will have to complete them when they arrive from the Embassy in her home country. Copyright © Aurous Publishing 2003-2013 All rights reserved
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4 Table of Contents The Fiance Visa Process...........................................................................................5 Petition for Alien Fiancée.........................................................................................6 The, Biographical Background Form ....................................................................7 Your Birth Certificate ...............................................................................................8 Translated Documents .............................................................................................9 The Cover Letter .....................................................................................................10 The Affidavit: Intention to Marry (His and Hers)..............................................11 Expense Planning ....................................................................................................13 Proof of Relationship Template...........................................................................14 Interview at the US Embassy................................................................................23 Sample Interview Questions.................................................................................24 Financial Documents .............................................................................................25 Things to Consider.................................................................................................28 Photographic Requirements .................................................................................30 About the Medical Exam ......................................................................................31 Vaccination Requirements.....................................................................................32 After Your Fiance Arrives in the United States ..................................................33 After the Wedding...................................................................................................34 Sample Forms .........................................................................................................33
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5 The Fiancé Visa Process The process of bringing a foreign fiancé to the United States can be broken up into 3 distinct phases. Each phase requires action by you or your fiancé to ensure success. Here is a simple diagram of the three phases. The steps to take you completely through the entire process are outlined in detail in this kit.
Application Phase • Forms and Documents sent from petitioner (American Citizen) on behalf of Foreign Fiance • Tracking Number assigned by USCIS
Application Approval
Embassy Interview
• Package sent to Embassy of foriegn FIance
• Medical Exam prior to interview
• Interview Scheduled
• Interview conducted
• Fiance obtains local records as instructed
• Visa placed in passport and sent to Fiancé
• Petitioner provides financial affadavit as requested
Average Time: 5 – 7 months
Average Time: 30 Days
Average Time: 15 Days
The above timeline is provided as a guide for planning purposes. The actual time may be less or more depending on the country your Fiancé is in and how much backlog there is for processing K1 Visa’s at the embassy or consulate. There are also gaps in time where your Fiancé may schedule an interview later than the first available date due to work or other priorities. You’ll be assembling a lot of documentation in order to apply for a K1 Visa, all of that is outlined in the step by step instructions in this kit. As you are preparing, please keep in mind your Fiance will also need to provide you with a few items. Things you will need from your Fiance before filing In order to make the application go quickly, you will want to ensure everything necessary is in the application package the first time. Here is a quick list of what you will need from your Fiance before you file. Each item is explained in detail throughout the kit. •
Completed G-325a Form (Your fiance should sign the form but leave the A number blank)
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1 Passport Photos
•
A signed and notarized affadavit for intention to Marry
•
Additional photos or copies phone records, travel records, etc that you may not have--these are used in the proof of relationship section of the kit.
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6 The I-129F, Petition for Alien Fiancée The first step in the process begins with the I-129f, Petition for Alien Fiancée. The most recent version of the form can be downloaded from the USCIS website, or you can point your web browser to this address: http://www.uscis.gov/files/form/i-129f
The actual form is only 2 pages, but due to the instructions, (http://www.uscis.gov/files/form/i-129finstr.pdf) it appears much larger. [A copy of this form is also included in the kit.] Note: You must be a US Citizen to submit this application; you must also understand the requirement to marry within 90 days of your Fiancée’s arrival in the United States (or they have to return to their home country). You must have met your Fiancée in person within the last two years and both be free to marry. The USCIS does take into account if your religion or culture forbids meeting in advance. Consult the I-129f instructions for more information. You will be filing this form along with several supporting documents via mail at the Service Center with jurisdiction over your area of residence. You do not need your Fiancée to sign the form in order to file it on her behalf. However, there are other forms required in the overall package that will require their signature. It is essential that you complete the Biographical Background form on yourself and your Fiancée. This biographical form is covered in the next chapter. The information requested about you is self-explanatory. If you have been divorced you will need to provide proof the divorce is final. The same proof will eventually be required of your Fiancée if he/she was divorced in the past. Pay close attention to the address and name of your Fiancée in Section B16. Since some countries do not use Roman letters, you will be required to write their name and address in its native alphabet. Your Fiancée can certainly help you with this section, and it’s best that they see the information to ensure accuracy-before you file. For countries using the Cyrillic alphabet such as Russia, Latvia, Estonia, Ukraine, Belarus, Lithuania and other former Soviet Republics there are examples of proper spellings here: http://www.myrussianfiance.com/k1-visa-information/how-to-spell-and-pronounce-russian-womens-names/. Accuracy is critical in spelling names as the I-129f will establish your Fiancée in the immigration system.
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13 Expense Planning The processing of a Fiancée Visa can have unexpected expenses beyond the filing fee, currently at $340. The guide below is provided to help you anticipate costs before they occur. This is not an exhaustive list; items like meals, incidentals and your Fiancées travel to the United States are not included. Only the core costs for the K-1 visa are referenced in this list. Item Preparation Application Forms Postage
Time Approximately 2 weeks -
Cost $340 $30
5 days.
$10
1 Day
$0
Fiancé Interview Expenses Medical Exam Police Department Report: Visa Interview Fee Travel to Embassy Immigration Photos Prepaid Visa Delivery
2-3 Days 3 weeks to process 1 Day 1 - 3 Days 1 Day 10 Days
Hotel Stay during interview
2-4 Days
$100 $5-$15 depending on region $150 Depends on distance and means $5-$10 depending on region *Embassy’s usually charge the US equivalent of $100 in local currency, so the amount can change based on economic factors. This number is an average for planning purposes only. If your fiance is obtaining their medical examination before the interview it can take a few days to get everything done. Costs depend on
Financial Affidavit Letter from bank certifying your account and funds. Letter from Employer Copies of W-2s Last three years Tax Records
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14 Proof of Relationship Template The Fiancée Kit includes a suggested sample power point file to document the proof of your relationship. You can edit this sample file or make a similar one for your Fiancée’s application. Keep in mind; you don’t want to overwhelm the Immigration Officers with a ton of photos or memorabilia. After all, your goal is to get the package approved quickly. The right blend of items can tell your entire story within a few pages and get your application moving! About Photos: The best pictures include well lit scenes, no caps or sunglasses, different settings, different clothing and of course the two of you together. The following pages outline a proven template for telling your story to the Immigration Office APPLICATION TIP
Of all the items I included in my Fiancée’s package, the “Proof of Relationship” layout was continually noticed and appreciated by the Embassy in Moscow and when my Fiancée entered the US. In fact, the agents called others over to view it and complimented her for having all her papers so well organized; she went straight through the gates without a problem. – Jeff, Florida
It’s best to print out your layout and coordinate the photos, documents and memorabilia you want to include in the package. Remember you want to not only prove your relationship; you want to tell your story, which helps the Immigration Officer understand the whole package and quickly move to approve the application.
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25 Financial Documents The Financial documents are part of a larger package of items your Fiancée should have when they report for their interview at the American Embassy in their home country. The financial documents are not part of the initial petition package. (Many sponsors rush to complete this during the initial application--we do not advise this as it may be 6 months or more before your case is sent to the Embassy for processing. At that time, you can prepare and send the financial paperwork. If done too soon, the information will be out of date) When ready to prepare the financial portion, keep in mind that this is simply a validation to ensure your fiance will not arrive in the US and be a burden on the US tax payers, seeking financial assistance from government programs. The method used to ensure this is an I-134 form. Failure to properly document finances can cause a second or return interview to be scheduled. This can result in waiting for another interview date , increase frustration, costs and delays. How much do I need to make? This is the first question most applicants ask when completing the financial affadavit forms. The USCIS guidelines simply require you to prove you are making at least the minimal amount of income over the established poverty levels for that year. (See chart). The guidelines are standardized by applying the number of people who will be living in your home (including your fiance and any children they will be bringing with them), to your current income. Your income should meet or exceed the amounts detailed based on ‘Persons in family/household’. If you are relying on someone else for part of your support, such as a parent or relative, they will need to complete an affadavit of support also. (This is not common but it does occur and the USCIS does not disaaporive cases based on that fact). More detail on povertyl levles here: http://aspe.hhs.gov/poverty/
2013 Poverty Guidelines SOURCE: Federal Register, Vol. 78, No. 16, January 24, 2013, pp. 5182-5183 2013 POVERTY GUIDELINES FOR THE 48 CONTIGUOUS STATES
2013 POVERTY GUIDELINES FOR ALASKA
2013 POVERTY GUIDELINES FOR HAWAII
AND THE DISTRICT OF COLUMBIA
Persons in
family/household
Poverty
guideline
For families/households with more than 8 persons, add
$4,020 for each additional 1 2 3 4 5 6 7 8
person.
Persons in
family/household
For families/households with more than 8 persons, add
$5,030 for each additional
$11,490
1
19,530
3
15,510 23,550 27,570 31,590 35,610 39,630
Poverty
guideline
2 4 5 6 7 8
person.
Persons in
family/household
Poverty
guideline
For families/households with more than 8 persons, add
$4,620 for each additional
$14,350
1
24,410
3
19,380 29,440 34,470 39,500 44,530 49,560
person.
2 4 5 6 7 8
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$13,230 17,850 22,470 27,090 31,710 36,330 40,950 45,570
30 Photographic Requirements I-129F – Fiancée (e) Petition — file with 1 photo of you + 1 photo of Fiancée (e) All photos must be of just the person. Where more than one photo is required, all photos of The Person must be identical. All photos must meet the specifications for full-frontal/passport photos. For more information, visit www.uscis.gov, or call Customer service at 1 800 375 5283. Consult the USCIS Immigration Website for the latest photographic requirements. They DO CHANGE sometimes and you may end up having your package delayed if you include old format photos. You may view the current requirements here: Composition Checklist 7 Steps to Successful Photos 1.
Frame subject with full face, front view, eyes open.
2.
Make sure photo presents full head from top of hair to bottom of chin; height of head should measure 1 inch to 1-3/8 inches (25 mm to 35 mm)
3.
Center head within frame (see Figure 2 below)
4.
Make sure eye height is between 1-1/8 inches to 1-3/8 inches (28 mm and 35 mm) from bottom of photo
5.
Photograph subject against a plain white or offwhite background.
6.
Position subject and lighting so that there are no distracting shadows on the face or background.
7.
Encourage subject to have a natural expression.
Figure 2. Head Position & Placement Well-Composed Photos
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Thanks for using our kit!
We wish you the best of luck in your future marriage!
Copyright Š Aurous Publishing 2003-2013 All rights reserved
www.myrussianfiance.com | Version 10