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| K1 Fiancée visa processing in Russia |
The K-1
Visa, also known as the Fiancée Visa, is used by United States citizens
who wish to bring their prospective spouse to the United States with the intention
of getting married. The visa application procedures and policies followed by Consular
Posts vary depending on the local conditions and requirements. In this article
we aim to cover K-1 visa processing procedures in Moscow, Russia.
Submission of Petition
In accordance with the U.S. immigration law, I-129F Petition for
Alien Fiancé(e), must be filed by the petitioner who must be a U.S. citizen.
The petition is filed in the U.S. with the U.S. Citizenship and Immigration Services
(USCIS). U.S. Embassies and Consulates may not file or approve the petition.
Approval of Petition
The approved I-129F Petition is forwarded to the appropriate U.S. Embassy and
the petitioner is notified of the petition approval by the USCIS. Approved petitions
for all fiancées residing in Russia and Turkmenistan are forwarded to the
U.S. Embassy in Moscow. It usually takes approximately 6-8 weeks for the petition
to reach the U.S. embassy in Moscow.
Administrative Processing at Moscow
As soon as the U.S. Embassy Moscow receives the Petition, a computer name check
is generated. The name check takes about 16 working days. After the name check
clears, the Embassy in Moscow can schedule the applicant for an interview. Currently,
the period between receiving the Petition and scheduling the interview usually
is 4-6 weeks. Upon receipt of the approved I-129F petition, the U.S. Embassy Moscow
sends a letter and information sheet to the Beneficiary (fiancée) outlining
the steps to be taken to apply for the fiancée visa.
Medical Examination and Visa Interview
Online Immigrant Visa Appointment Schedule Information on the Embassy’s
website makes it possible to obtain information regarding interview dates
for those already scheduled. The information can be also received by contacting
the Embassy Visa Information Service.
As a pre-requisite for the Interview, the beneficiary must complete a medical
examination in Moscow at an Embassy-approved medical facility. The forms and information
regarding this are included in the information packet sent to the beneficiary.
The medical exam would cost around $100 - $150 in ruble equivalent, depending
on the clinic and it may take 30-40 hours to receive the results of the examination.
K-2 visa for children of alien fiancée
All children (under 21 years old and unmarried) of the alien fiancée classified
K-1 must be listed on the K visa petition. The children must be present at the
interview. A marriage certificate of the beneficiary along with the rest of the
required documentation must be provided as a requisite for the child's visa. The
child accompanying the K-1 beneficiary may acquire K-2 status even after the beneficiary
has married the U.S. citizen petitioner and acquired lawful permanent resident
status in the U.S. The cut-off date for issuance of a K-2 visa is 1 year from
the date of the issuance of the K-1 visa. After 1 year, the filing of an immediate
relative or second preference immigrant visa petition would be required for the
child(ren).
Note: If the immigrating parent (on K-1 visa) does not have
a document showing he/she has full legal custody of the child, it may be required
to submit the other parent’s notarized statement that he/she gives full
consent for the child to leave Russia for permanent immigration to the U.S.
Documents required for the visa interview:
The fiancée and their children, if any, are required to attend the visa
interview. The U.S. citizen petitioner may not attend the interview with his or
her fiancée.
At the time of the interview, the beneficiary must provide:
- Biographical form DS-230 filled out in English (part 1
and part 2). A separate form must be filled out for immigrating child over
16 years of age.
- Completed Form DS-156
and the supplement DS-156K.
A separate DS-156 must be filled out for immigrating child, however, no DS-156K
is required for the immigrating child. Form DS-156K does not require any signatures.
- A valid Passport with a photocopy of the first page.
- Original Birth Certificate with photocopy and translation into English.
- Police certificate in all names as well as all dates of birth that the
applicants have ever used. The police certificate must contain references
to each place (subject to the jurisdiction of the Russian Federation) in which
the applicant lives or has lived for more than six months since the age of
16. This includes localities where applicants have lived during university
studies. If the applicant was on his/her military service, he/she should bring
the certificate from the local draft board. If an applicant has lived abroad
for more than one year, a police certificate must also be submitted from the
country where he/she lived.
- Evidence of termination of any prior marriage: original, photocopy and
translation into English (if applicable).
- Valid passport for the accompanying child (or may be included in the parent's
passport), a birth certificate and a medical examination report. If a child
is 16 years of age or over, police certificates are required.
- One color non-glossy full-face photo 50x50 mm for visa as per the regulations.
Two more photos will be required for medical examination.
- Visa application fee of $100 (or ruble equivalent) for each applicant.
The fee must be paid in cash in dollars or rubles. Under no circumstances
will credit cards or personal checks be accepted for payment.
- Documents confirming relationship: photos of Petitioner and Beneficiary
together, letters to each other, phone bills, emails.
- Results of Medical Examination in sealed envelope.
- Financial documents from the U.S. citizen petitioner, including:
- Most recent year tax returns (Form 1040) or tax transcripts from IRS
- Copy of bank account
- Earnings and leave statement
- W-2 forms
- Letter from employer with salary information
Request for more documents and visa issuance
If an applicant is required to provide additional documentation after the interview
with the consular officer has taken place, the documentation may be submitted
to the 221(g) box at the Embassy North Gate between 2.00PM and 4.00PM on any working
day or may be mailed to the Embassy.
Once found qualified for visa issuance, alien fiancé(e) and his/her child(ren)
will be issued nonimmigrant visas. K-1 and K-2 visas are valid for only one entry
into the U.S. at any time within the next six months. The beneficiary also receives
a visa packet to present to the immigration officials at the U.S. border. After
entry to the U.S., the fiancée has 90 days to either marry the petitioner
or come back to country of residence. In case the petitioner and beneficiary get
married, the beneficiary may then contact USCIS to adjust status to that of legal
permanent resident.
Conclusion
The changing policies and visa processing procedures in consular posts make it
difficult to be aware of the latest policies. We at VisaPro advise our clients
to check the Consulate websites prior to appearing for a visa interview. We also
advise our readers to consult
a VisaPro Attorney to know the latest policies and procedures being followed by
any U.S. Consular Post.
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