Archive-name: us-visa-faq/part5 Last-Modified: May 20, 1994 Currently, the alt.visa.us FAQ is maintained by B.G. Mahesh [mahesh@evb.com] Many FAQs, including this one, are available via FTP on the archive site rtfm.mit.edu in the directory pub/usenet/news.answers. The path for this faq is /pub/usenet/news.answers/us-visa-faq/part5. To get the FAQ by E-mail, you should send a message to mail-server@rtfm.mit.edu with send usenet/news.answers/us-visa-faq/part5 in the body of the message. Please see part1 of this faq for standard disclaimers. Questions marked with a + indicate questions new to this issue; those with significant changes of content since the last issue are marked by *: K Visa ------ Q: Who can apply for K visa? A: [from Neil Kolban, kolban@vnet.IBM.COM] The K class visa is the "alien fiance(e)" visa, which an nonimmigrant visa. A US citizen who whishes to marry a foreigner may file a K class petition (I129F) which, when granted, allows the foreigner to enter the US and marry within 90 days of arrival. Once married, the foreigner should file for conditional permanent residence. There are two K class visas: K1 - for direct fiance(e) K2 - for children of fiance(e) Q: How do I obtain a K visa for my fiance(e) (who is not currently in the US)? A: [From Rob Lingelbach, rob@xyzoom.info.com] You must petition the INS, obtain their approval, and then the fiance(e) must submit to an interview at the US consulate in the foreign country. Q: How long does it take to get a K visa? A: [From Rob Lingelbach, rob@xyzoom.info.com] Generally, once the petition is filed, it takes about 30 days to hear from the INS their approval or denial, then at least another 30 days for the paperwork to be transmitted to the foreign embassy and for the interview appointment to be arranged. It can take up to 5 or 6 months total, though usually it is 90 days or so. Q: How long is it good for? What are the conditions? A: [From Rob Lingelbach, rob@xyzoom.info.com] It is valid for 90 days, within which time you must get married and then apply for the change of status to permanent residence. Q: What is needed for the petition? A: [From Rob Lingelbach, rob@xyzoom.info.com] Forms needed: the G-325A, Biographic Information, must be filled out for the petitioner and the fiance(e), and the I-129F Petition for Alien Fiance(e). Q: Can I do this myself, or do I need a lawyer? A: [From Rob Lingelbach, rob@xyzoom.info.com] Either. An attorney can help expedite and answer questions, but there is no reason it can't be done without one. Q: How much will a lawyer charge? A: [From Rob Lingelbach, rob@xyzoom.info.com] Varies widely, but quotes here in Los Angeles were: $1500 due upon approval of petition $1200 covering both fiance(e) visa *and* eventual green card **note**: approval of the petition does not complete the process of obtaining a fiance(e) visa!! The fiance(e) must still be interviewed and approved by the consulate. Q: How will I know the petition is approved? A: [From Rob Lingelbach, rob@xyzoom.info.com] You will be sent a Notice of Action, Form I-797, stating approval or disapproval. Q: What is needed after petition approval? A: [From Rob Lingelbach, rob@xyzoom.info.com] The fiance(e) should call the US consulate, and an interview will be scheduled after the fiance(e) has gathered the following items: [from jrallen@devildog.attmail.com] --Two certified copies of the birth certificate. --A passport valid for at least 6 months. --A police certificate in duplicate, certifying no criminal record. --A medical examination by a doctor approved by the consulate will take place before the interview. --Four color photographs. --Evidence of support in the US --proof that the fiance(e) will not become a charge of the USA. Form 167 details what is needed; the Affidavit of Support (I-134) is the usual method. This form requires: 1) Income, property, and investment information. 2) Loans and expenses. 3) Willingness to deposit a bond with immigration. 4) Acknowledgement of the Social Security Act.... 5) Notarized copies of latest tax return. 6) Statement from employer about salary. 7) Statement from bank officer about accounts... 8) If well established as a business owner, a rating from a rating agency. - For previously married persons, two copies of their marriage certificate and proof of termination. Q: What is needed at the interview? A: [From jrallen@devildog.attmail.com] o Proof of the relationship. o Photos showing the two of you together, letters and correspondence, telephone bills, airline tickets, etc. The INS is very interested in being certain that it is not a "sham" marriage for the purpose of immigration. Typical questions asked: where you met, where the US citizen works. L Visa ------ This entire section was published on page 36 of "India Abroad", Dec 31, 1993. I have included just a part of it. "India Abroad" or the author of this article is in NO WAY responsible for the information provided here. Q. What is L-1 visa? A. The L-1 visa category was established to facilitate the transfer or rotation of foreign personnel of an international company into the United States. Although originally targeted toward large U.S. multi-national corporations, this is an appropriate method for companies of all sizes to seek immediate immigration benefits for their qualifying employees. Further, the L-1 visa may provide quick access to lawful permanent resident (immigrant) status in the United States. Q. Who qualifies for a L-1 visa? A. The L-1 is available to a foreign national who, within the three years immediately prior to entering the U.S., has been employed abroad for at least one continuous year and is now seeking temporary admission to the U.S. to be emplyed by a parent/branch/affiliate/subsidiary of that foreign employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Q. For how may years is L-1 visa issued for? A. An L-1 petition may be approved initially for up to three years, with the possibility of extension for up to four more years. In the case of a "new office" in the U.S., the L-1 will be limited to one year initially with extensions provided thereafter if the new office flourishes. Q. Can dependants of L-1 come to USA? A. The spouse and children (under 21 years and unmarried) may obtain L-2 visas allowing them to enter the U.S with the principal alien, however, they are not allowed to work unless they can qualify on their own for a work visa. They are allowed to attend school and/or participate in volunatary organizations. Visitors Visa ------------- Q: What documents should I send to sponsor for a visitors visa? A: [From B.G. Mahesh, mahesh@evb.com] My in-laws got 5 year multiple entry visa from Madras, India. I sent the following to them, 1. Letter of employment from my employer stating how much I make and from when I am working for this company. 2. Letter from my Bank. 3. I-134 and got it notarized in my bank [$1 fee for notarization]. You can get I-134 from INS or your internationl student office. I heard you can use xerox copies of this form. If you send me an self-addressed stamped envelope marked "Send I-134" I can send you a copy of this form [I-134]. My address is, BG Mahesh 1467 West Key Parkway #B4 Frederick MD 21702 4. Letter from me stating that I will take care of their expenses in USA. 5. Visitor fee $100 each [Indian Rs. 3200/-]. BTW, I did not send the money, they paid in Rs. in India. +Q: Can the immigration officer at the port of entry (or any other INS officer) cancel the B1/B2 visa? If so, on what grounds? A: [from Rajiv S. Khanna, rskhanna@immigration.com] The INS can refuse entry (which functionally amounts to the same thing as cancelling a visa). That happens mostly when the INS discovers something that is contrary to your declared intention in getting the B-1/B-2. Typical example: you have a fiance(e) in the U.S. INS discovers love letters (long, mushy ones) in your documents. Or during conversation with an INS officer you let slip that you are panning to get married in the U.S. These are some of the examples I have seen personally. Legally, there is a bunch of grounds such as past criminal convictions, past immigration violations, certain diseases etc. (technically called "grounds of exclusion") that can bar ones entry despite possession of a valid visa. -- B.G. Mahesh | Email: mahesh@evb.com Software Engineer | mahesh@sett.com EVB Software Engineering, Inc. | FAQ maintainer of alt.visa.us -----cut here-----