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FAQ's

K-1 Frequently Asked Questions

The CIS approved my K-1 petition a while ago, but your office has not yet received it. Can you set up a provisional case for me before my original file from the Citizenship and Immigration Services (CIS) arrives?

Due to the high volume of K-1 applications we process, we are unable to set up provisional cases before we receive the I-129 petition from CIS.

 

How will I know when U.S. Consulate Guangzhou receives my petition?

Once we receive your petition, we will send you a packet of instructions.

 

Can the Consulate begin processing my application before my petition arrives?

No. Fiancée visa processing begins only when we receive your petition. Our office will not be able to answer questions about your case or take any action until the original petition is received from the CIS.

 

How long does it usually take for the Consulate to receive the K-1 petition?

We normally receive K-1 visa petitions three months after they are sent out from the National Visa Center.

 

I am pregnant and would like to travel as soon as possible. Can the Consulate expedite my application?

Due to the large number of cases backlogged we cannot expedite based on the pregnancy of the applicant, but will schedule to avoid travel around the time of birth. We have not heard of any problems arising from possible violation of China's one child policy from previous pending immigrants.

 

I missed my visa interview appointment. What should I do?

Please send us your written request for a new appointment. Please include your mailing address in Chinese characters and your postal code in your request. We will send you a new appointment date as soon as possible.

 

We decided to get married before my K-1 petition could be processed. What should I do?

If you get married, your K-1 petition will no longer be valid. Your spouse will need to file a different petition, Form I-130, with the CIS.

 

What kind of Affidavit of Support does my K-1 petitioner need to prepare for my visa interview?

K-1 petitioners should prepare the I-134 Affidavit of Support, which they can get from their local CIS office or on the CIS website http://uscis.gov/graphics/formsfee/forms/. However, it is not a required document as long as applicants can demonstrate at the interview that she/he will not become a public charge in the States.

 

Why does the K-1 process seem to be taking longer than previously?

The K-1 visa petition has become more popular as a means of immigrating to the United States. In 2000, we processed approximately 2,800 K-1 visas. However, we have received more than 4, 000 K-1 petitions in just the first half of 2001. At the same time, serious fraud problems have slowed down processing for everyone. Due to these issues, most K-1 applicants wait an average of three to five months to be scheduled for an interview after the Consulate receives their petition.

 

When should I be concerned about my K-1 petition?

If it has been three to four months after CIS has approved your petition and your fiancee has still not received an instruction packet, you should contact us or the original CIS office where the petition was approved. You may use this form to contact the Immigrant Visa Unit.

 

What if my petition expires?

Consular officers have the authority to extend the validity of petitions that have expired. Because many petitions often expire before an applicant can be interviewed, officers at the Consulate routinely extend the validity of K-1 petitions.

 

What documents will be in the instruction packet and appointment packet?

The Instruction packet in Guangzhou includes:

  1. Instruction packet (Packet 3) letter in English
  2. Instruction packet (Packet 3) letter in Chinese
  3. Application for immigrant visa and alien registration (DS-230 part I)
  4. Instructions for immigrant visa applicants (OF-169)
  5. Notice to all nonimmigrant visa applicants (list of CITIC Bank)
  6. Evidence which may be presented to meet the public charge provisions of the law (OF-167)

The Appointment packet includes:

  1. Appointment letter in English
  2. Letter to K1/K2 Applicant
  3. New Requirement for Nonimmigrant Visa Application Photos
  4. Supplemental form GNI-2
  5. Certification of legal capacity and intent to marry
  6. Family composition sheet (GIV-24)
  7. Medical examination instructions (GIV-8)
  8. Medical examination for immigrant or refugee applicant (DS-2053)
  9. Chest X-ray and classification worksheet (DS-3024)
  10. Vaccination documentation worksheet (DS-3025)
  11. Medical history and physical examination worksheet (DS-3026)
  12. Nonimmigrant visa application (DS-156) and nonimmigrant visa application for applicants 16 years and older (DS-157) (two sets)
  13. Nonimmigrant fiancé(e) visa application (DS-156K)

 

What documents should I bring to the visa interview?

The applicant should bring the following original documents:

 

  • Forms in the appointment packet

  • Chinese passport.

  • Application fee receipt

  • Four visa photos attached to forms DS-156

  • Notarial birth certificate

  • Notarial marital status certificate. If divorced before, previous divorce certificates for each marriage are required. If any child from previous marriage will also apply for visa, a divorce decree showing the child's custody is needed.

  • Notarial police certificates are required from each visa applicant aged 16 or over issued by his/her local municipal notary office where he/she has resided for at least six months since attaining the age of sixteen. Police certificates are also required from all other countries where the applicant has resided for at least one year.

  • Medical report

  • Affidavit of Support - I-134 and a copy of the most recent year tax returns from the petitioner.

  • Relationship evidence, such as correspondence and photos taken together to prove the claimed relationship to the petitioner

  • Translations: Police certificates from other countries not in English, or in the official language of the country must be accompanied by certified English translations. Translations must be certified by a competent translator and sworn to before a notary public.

 

What's the period of validity for medical reports and notarial certificates?

Notarial birth certificates, marriage certificates and divorce certificates have unlimited validity. Medical reports, notarial single certificates and police certificates are good for one year from the date of issuance.

 

My visa application was denied. Where, when and how do I submit additional required documents?

You may come to the consulate to submit them. We will provide you a decision on your application the next afternoon. Please read the refusal sheet (blue sheet) for specific instructions. Re-payment of the visa processing fee is required if evidence to overcome a refusal is not made within one year of the date of last refusal; this fee will be collected for all cases in which the delay is not due to US Government processing.

 

What should I do if I am asked to perform a DNA test?

At your visa interview, the Consulate may require that you take a DNA test to establish your claimed biological relationship. At that time, we will provide you this notice.