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Do we have to do form g-325 again > > > 5. Is her A# the handwritten number on the backside of her I-94 > > > (a########) > > > 6. The translated copies of her birthcert. Criminal Backround check etc > > > were taken by the ins people at the airport when she arrived. Do we have to > > > get these translated again or does INS have them on file. > > > > > > Thanks for all the help > > > Darin > > > > > > Darin=Clapp%ts=Deskcall%cs=Hou@bangate.compaq.com > > First to answer Darin's questions: > > You do need to do the photos again, the affidavit of support (because > your wife may have a job now, your bank account balance has changed, > etc.), and we did the G-325's again because it asked us to. However, no > new physical exam was necessary because it said right on the I-485 that > that part did not apply to K-1 applicants who just had an exam for the > K-1 visa. Catherine, in some cases a new physical may be necessary. Here are some examples: (1) the physical is good only for a year. So if somehow the K-1 process took unusually long, a new physical would be required if the I-485 were filed more than a year after old physical. (2) some countries do not have the facilities to do all of the modern tests. All physicals are supposed to adhere to USPHS standards, but there is some flexibility. For example, the PRC still uses the Kahn-Wasserman I for syphillis even though there is a better diagnostic tool now available (I'm not an M.D., so don't ask me about it). So in some cases depending on the country, a new physical might be required. (3) here is the big one. IIRIRA has enacted some new medical requirements, including vaccination against 19 specific diseases. So far, DOS is doing nothing about this requirement systemically because -- frankly -- not all of the vaccines are available in all of the countries, and so DOS has solicited the opinion of the USPHS about how best to handle the problem, and whether waivers should be granted and under what circumstances. But, all vaccines are available in the US, which means that a supplemental physical with vaccinations might be required. This is still in the planning stages; I don't think INS has done anything systemic yet either. > We did not have to provide any additional criminal background checks, > but we did include the birth certificate again (we got many copies of > everything so we could send it in - why take a chance right?). If you > have copies of the criminal check, then enclose them. It can't hurt. I > don't remember where the A# is written, but if there is a number on her > I-94 which starts with an A, that's probably it. We did this in 1994 > and just finished the conditional bit (yay!) so one can survive the > process. :) If you have to turn the form in in person still, which we > did, the clerk who served us was very helpful. She checked the whole > application and if something was missing, she just asked us a question > and filled it in, so bring everything with you and I hope your INS > person is as helpful as ours was. (we were in Boston - very efficient > there) Good luck! If you can't find an "A" number don't worry about it. INS will fill it in. My name is Bob Beer & I am an immigration attorney in Atlanta, GA. Furthemore, I have a good deal of experience successfully preparing & filing K-1 petitions. To answer your question please allow me to answer in two (2) steps - specifically what does INS requires & then what does the American consulate require? First, obviously you need to file the appropriate petition and an accompanyong fee with the appropriate INS regional service center for your jurisdiction. Where do you live? How long have you lived there? I suggest that if you prepare & file the K-1 petition yourself that you send it certified mail/return receipt requested. Furthermore, if you plan on using overnight mail I strongly suggest sending it via USPS Express Mail. That's what INS prefers! Second, as I state in my website (http://www.ilÜ¥e#À ã%÷íBô,ìl,ìlìì ì ª9(ììì˜ìTîì|6ºÀ9 MS Sans SerifSymbolTimes New RomanWhat is the Medical Exam form? Where can I get it? Thank you. Nook. > For now, INS says that if the doc checks the box on your medical exam > form that says "vaccinations current", that's all you need. > > There is a new vaccination supplement that is being released to the docs > and will be included in the exam reports. > -- From: aylasaur@umich.edu (Anna G Ralya) Date: 1997/04/18 Message-Id: <5j823k$qbc@lastactionhero.rs.itd.umich.edu> Newsgroups: alt.visa.us [More Headers] James Willis (pioneer.laserdisc@dial.pipex.com) wrote: : The US Consulate in London informed me that I needed no extra : immunizization as I was from Britain. I do not see that mentioned in the : http://www.hawaiilawyer.com/ document. As a fiance visa is a : non-immigrant visa might this not apply. I don't care about the : vaccinations, except Hep B which is said to take 6 months. I would like : to know whether they might stop me from entering the States for this : time until this vaccination is given, or whether this waiver thing : applies. Well, I hear some countries are exempt from certain vaccinations (unavailability, I think) --- you'd have to inquire at the INS office of your jurisdiction. From what http://www.hawaiilawyer.com/ said, IMO you can get Hep B classified as being "medically inappropriate" since it takes so long to finish. The physician who did my medical exam said that he put down on the form that I was in the process of finishing the Hep B series and that I "will be alright for the interview." YMMV, Subject: Vaccinations From: Jonathan McNeil Wong Date: 1997/02/10 Message-Id: <32FFAA29.2768@donahue.com> Newsgroups: alt.visa.us [More Headers] A few days ago I promised this group I would post information on the new vaccination requirement when I received it. Here is the information I received. (1) The vaccination requirement will *not* apply to an I-485 applications filed on or before September 30, 1996. If you filed then and are waiting for a visa number, you won't need the vaccinations. (2) If you filed after September 30, 1996 and have a valid medical exam, INS will not require additional vaccinations. That is, INS will assume, based on the physician's signature, that all requirements have been complied with. IOW, it's "don't ask, don't tell." (3) At some point, the USPHS will release new vaccination protocols to the designated civil surgeons. At that point, the physicians will no longer sign Form I-693 unless the alien has complied with the vaccination protocols. The source of this information is Jacqueline Bednarz of the INS Central Office. > Today I went to the doctor to get the infamous Hepatitus and Influenza B > vaccinations. While I had no problem getting the Hepatitus shot, the doc > absolutely **refused** to give me an Influeza B (meningitus) shot on the > grounds that it is NEVER administered to persons over 5 years old. > > What is going on here? The INS wants the influenza, the doc refuses to > administer it. Does anyone have any information to the contrary? Should I > be looking for another doctor, or is the INS nuts? Take a look at the Center for Disease Control's web site: http://www.cdc.gov/diseases/immun.html It looks like the Hib immunization is only for children less than 5 years old. The INS isn't nuts, they just want to make sure that all children entering the US are immunized. (At least that's my interpretation - I'm not a doctor or lawyer!) > > > My wife came to the US on a K-1 fiancee visa now I have questions about the > > > forms for the i-485 > > > > > > 1.do we again have to get photos made (we had them made for the visa) > > > 2. Do we need to do another affidavit of support > > > 3. Does she have to have another physical > > > w.com/beer ), one (1) of the keys to a successful INS petition is submitting the proper supporting documentation INS wants to see. In the case of a K-1 petition, that means evidence that you and your fiance/fiancee have physically met in the past two (2) years. The type of evidence? Copies of phone bills, correspondence, receipt for an engagement ring, photographs of the two (2) of you together and with family if appropriate, information on each other's hobbies, specifics (as much as possible) on your wedding plans. Has a date been set? Invitations printed? A room rented? Third, what does the specific American embassy in the country where your fiance/fiancee resides? Do a little homework. Can your fiance/fiancee travel or at least call the American embassy? Fourth, do you have a job so that your fiance/fiancee will not become a public charge in the U.S. Prove it by including an Affidavit of Support (I-134) with the appropriate supporting documentation. Finally, timeframe from start to finish. That depends if you know what you are doing and what country your fiance/fiancee is from. What country is that? I've had K-1 petitions approved & fiance/fiancees in this country within six (6) months from the start of the process. Best regards to both of you, Bob Beer Upon receipt of the petitions, the district director shall have the petitioners interviewed to determine whether they wish to withdraw the petitions. If the petitioners decline to withdraw the petitions, the district director, if he determines that the parties do not have a bona fide intention to marry, should, on his own motion, reconsider the appropriate petition and enter an order of denial. In any case where one of the petitioners resides in another district, the relating petition and file shall be forwarded to that district director for action as outlined above and notification to the originating district director of the final action taken. Upon completion of final action on all petitions, the district director to whom the petitions were initially returned shall furnish a report containing the results and final action taken to the American consul who returned the petitions. (3) Section 212(d)(3)(A) recommendation; conditional section 212(g) , (h) , or (i) relief. Only when the district director finds that the approval of the petition returned by the consul should be continued and that the beneficiary is prima facie ineligible for an immigrant visa on a ground that could be waived when the beneficiary marries the petitioner, should his inquiry be expanded to include all elements necessary to an informed decision under section 212(d)(3)(A) and section 212(g) , (h) , or (i) of the Act. The district director's report accompanying the petition returned to the consul in such case should be adequate for the consul's decision under section 212(g) and his recommendation under section 212(d)(3)(A) , and for the Service decision on that recommendation and on any application under section 212(h) or (i) to be made by the officer having jurisdiction to whom the consul may refer them for decision. In preparing his report the district director should be guided by the provisions of OI 212.7, insofar as they are applicable; in that connection, it is emphasized that an investigation is not mandatory. When the petition is returned by the American consul because the beneficiary has been found to be afflicted with tuberculosis, the consular officer will transmit therewith Form I-601 executed by the applicant. If the petitioner indicates at the interview that he is still willing and able to marry the beneficiary, the interviewing officer shall present the Form I-601 to the petitioner and shall ask the petitioner to have a physician or health facility execute Section B on the reverse of the original Form I-601 and, if applicable, to have Section C on the reverse of the original Form I-601 endorsed by the local or State health officer. The petitioner shall be instructed to thereafter return the Form I-601 to the service office at which he was interviewed. The Form I-601 shall then be transmitted to the consul with the district director's report and the Form I-129F petition. When the American consul receives the returned petition and the Service report, and if he is satisfied that the beneficiary is inadmissible on a ground which, when the beneficiary marries the petitioner, may be waived under section 212(g) , (h) , or (i) , the beneficiary shall be permitted to file an application for such waiver on Form I-601. In completing the application the alien should show as "Principal Relative in the United States Through Whom I Claim Eligibility for Waiver," the name of the "K" petitioner and "Relationship" as: "prospective spouse." The completed form and accompanying fee will be accepted by the consul and processed. Recommendation for section 212(d)(3)(A) authorization will be sent, with the Service report, the "K" petition, and the consular memorandum of the alien's interview, to the Service officer to whom the consul routinely sends such recommendations (see OI 103.(c) ). If the relief applied for is also under section 212(h) or (i), the recommendation should be accompanied by Form I-601 for adjudication by the same Service officer. When a determination is made by the consul under section 212(g) or by the Service officer under section 212(h) or (i), that the applicant would be eligible for the requested relief in all respects whom married to the "K" petitioner, the Form I-601 application will be granted conditional upon the applicant concluding a valid marriage with the petitioner in the United States within 90 days of arrival. The section 212(d)(3)(A) recommendation may then be approved, such notification sent to the consul together with the "K" petition, and other file material forwarded to the files control office having jurisdiction over the alien's place of intended residence, for filing in the "A" file. (4) Consent to reapply for admission after deportation, removal, or departure at Government expense. The beneficiary of approved "K" petition who is ineligible for a visa under section 212(a)(16) or (17) of the Act, requires consent to the reapply for admission as an intending immigrant, and must file Form I-212 with the American consul for that relief. The consul will forward that form for adjudication to the Service office abroad having responsibility for the particular geographical area. It should also be accompanied by recommendation under section 212(d)(3)(A) of the Act if the beneficiary is additionally ineligible on a ground which may be waived when the beneficiary marries the petitioner, and by the other pertinent documentation discussed in subparagraph (3) above. (5) Admission. The beneficiary of an approved visa petition filed under 8 CFR 214.2(k) will, upon execution of a statement of ability and intent to conclude a valid marriage with the petitioner within 90 days after arrival, if found eligible following medical examination, be issued a K-1 nonimmigrant visa by the American consul. The beneficiary will be given a sealed envelope by the American consul for presentation during immigration inspection upon arrival at a United States port. The envelope will contain the approved petition, the statement executed by the beneficiary before the American consul of ability and intent to marry, and the report of medical examination of the beneficiary and of any children of the beneficiary who have been issued K-2 nonimmigrant visas pursuant to section 101(a)(15)(K) , and their birth certificates. The beneficiary and minor children accompanying or following to join shall be admitted for a period of 90 days, which period may not be extended. The admitting officer shall verify the complete address of their intended place of residence as shown on the face of the visa petition, Form I-129F. The back of the Form I-129F shall be stamped to reflect the admission of the beneficiary and any accompanying children, and endorsed with the date until which admitted. If there are accompanying K-2 children, the admitting officer will circle their names in item 11 of the petition, and will add beneath the admission stamp on the back of the petition, the words "includes children whose names are circled." The petition and all relation documents shall be forwarded to the files control office which has jurisdiction over the beneficiary's place of intended residence. When the American consul has issued the K visa on the basis of receipt of a telegraphic notification prior to receipt of the approved visa petition, the American consul will place a copy of the telegram into the sealed envelope in lieu of the petition. The admitting officer will place the admission stamp and the above - indicated endorsements on the telegram, which will then be forwarded with all relating documents to the appropriate files control office. With the concurrence of this Service, the Department of State has authorized consular officers to issue K-2 visas to the following-to-join children of a K-1 alien up to one after issuance of the K-1 visa to the principal alien. Issuance of the K-2 visa within that period (and admission as a K-2 nonimmigrant during the validity of that visa, if otherwise admissible) is authorized, even though the K-1 principal may have already married the United States citizen petitioner and acquired lawful permanent residence under section 214(d) of the Act. In the case of a following-to-join K-2 child, the admitting officer will lift the sealed envelope furnished the child by the American consul, affix the medical report contained therein with the "Admitted" stamp and an endorsement showing the "K-2" classification and the date until which admitted. The officer will ascertain the name and address of the K-1 alien parent to whom the child is destined, and the date on which such K-1 parent was admitted to the United States to the best of the child's knowledge. This information shall be included in a memorandum prepared by the port of entry and forwarded, together with the lifted report of the K-2 child's medical examination (and any other papers contained in the sealed envelope) to the child's destination. Upon receipt of the memorandum and attachments in the files control office, an "A" file shall be created and filed in the travel control section for necessary follow-up action, preferably with the "A" file of the K-1 parent; alternatively, if this is not possible for any reason, it will be filed chronologically by the date of admission among the "A" files relating to admitted K-1 aliens awaiting follow-up action as indicated in subparagraph (6). The words "EMPLOYMENT AUTHORIZED" shall be stamped in the lower right hand corner of the original Form I-94 by the admitting officer upon admission of a K-1 or K-2 alien. In addition, the admitting officer shall insert the "A" number of K-1 alien on his Form I-94. (6) Call-up control. After the admission of the beneficiary, upon receipt of the petition and relating documents in the files control office they shall be placed in the relating "A" file and filed in the travel control section chronologically by date of the beneficiary's admission so that it may be located readily and also used as a call-up. When an application for permanent residence status is filed by the beneficiary, the "A" file shall be removed from the control and the application processed. Upon the expiration of 90 days from the date of admission, if an application for permanent residence has not been filed by the beneficiary, the "A" file shall be removed from the control and appropriate action taken. : In article <19970624022201.WAA11071@ladder02.news.aol.com>, : londoner34@aol.com (Londoner34) wrote: : > I am a Dutch national temporarily living in London again after having : > spent some years in the US with my American wife. She is sponsoring me for : > a green card. We are filing in London as I spent most of my adult life : > here. : > : > I wonder if someone can help me with some questions I have about the : > documents required by the US Embassy here. : > 2. They also ask for notarized Federal tax returns. Do they mean notarized : > copies of the returns I filed? Our tax preparer is a notary public and has : > copies he made before he sent the returns off, though he made the copies : > before we signed them. Or do they mean something I need to get from the : > IRS in the US? I'm a US citizen who filed a K-129F for my fiance in Britain, so we've also been dealing with the Embassy in London. I had a few questions about "notarized copies". The INS here had asked for "notarized copies" of his divorce certificate. When I phoned to ask what that meant, they said to just send Xerox copies. I assume that at some time they'll ask to see the originals. I was asked to send "notarized copies" of my tax returns to support my Affidavit of Support. Since I prepare my own tax returns, I wasn't sure what that meant. I considered writing a statement that these were copies of my tax returns, and having a local notary notarize my statement. (In fact, I did that to provide Xerox copies of my bank statements in lieu of a letter from an officer of my bank, since my bank was too slow to send me the letter. I did get the letter from my bank in time to fax it to my fiance the afternoon before his visa interview.) I provided just Xerox copies of my tax returns. Evidently what we've provided has been acceptable so far, because he now has his visa. >>>Fact of the matter is yes the INS at port of entry SHOULD issue a >>>I688B 90 day temp work permit. But not all of them do. From personal >>>experience Chicago doesn't and I have heard that Dallas doesn't >>>either. JFK does. > >I'm not sure who wrote this but may I just say that this was NOT my >experience at JFK. I was told that they did not issue the 90 day >permit and I had to go to the INS office in New York City. This I did, >and after spending a few hours standing in line I was told that they >couldn't help me, I just had to mail off the EAD application. I >informed them of that the Immigration official told me, and they >replied "Oh, they always say that". Sorry to hear you too had problems on entering the USA on a K1 visa. So did I at Chicago. I know of at least 2 people tho who did get their work authorization AT JFK airport. I guess it could depend on who is on duty that day... Did you kick up a fuss about it at the airport or just accept it? Luckily for me the local INS office here did issue me the work EAD when I went into see them the day after arrival. I filled in a I765 in their office, they took my pic and fingerprint and gave me the card there and then. I do find it disgusting that the USA Department of Justice can't get its act together as to who issues what where. Surely with an XYZ visa, XYZ should happen on entry not XYZ at some places and YYP at others.... Its just not acceptable in a first world country. All the INS staff I have personally dealt with a Omaha, Lincoln and Chicago have been EXTREMELY helpful and courteous however. There just seems to be genuine vagueness in the rule book. >My experience at JFK was far from pleasant. The officials were >extremely rude, even making personal comments regarding my fiancee. I >couldn't wish my experience on anyone. Unbelievable. :( >The worst part of all this is that I now have to wait for my EAD >before I get my SS#, as has already been mentioned here. Yesterday I >received the conformation that INS has the application, but they are >saying that it will take up to 80 days to process. I just have no idea >how we are going to get by without me working for so long. Exactly my worry. I was lucky and Omaha issued it there and then. :( I hope you hear back soon. Did you also have to PAY for this I765 filing... You should get your initial 90 work permit FOC. >People, > >I was at the US embassy in London yesterday having my K-1 (non)immigrant >fiancee visa stamped in my passport. I like to think that I understand >most of what's going on, but I have two qeustions to clear up >conflicting advice I've been given. > >Firstly, the Embassy have put the visa 'sticker' in my passport, given >me a big envelope with "To be presented to the INS officer at port of >entry" and my chest X-ray from the visa medical. I was told to give >each of these to the INS officer at Newark Airport when I arrvive. >What is the process at the port of entry for K-1 visa holders? Is it a >quick check and approval or a lengthy interview etc? What will they do >with me? Ok... here is the theory... (I arrived here in March on a K1).... On Passport/Imigration control on arrival at Newark they SHOULD take the sealed envelope from you. They may or may not ask for the x-ray as well. Make sure you have it. They will give you I94 entry card and attach it to your passport (just like they do if you arrive as a tourist except it will say arrived on a k1 visa and the visa expiry date)... Now this is the tricky bit.... In THEORY they should take you to one side, take a photo and a finger print and issue you with a credit card sized pic/work authorisation card a I688B.... This is the theory... It did not happen for me. I had been told that if I didn't get this work permit at the airport I couldn't work for the 90 days until I applied to change status due to our marriage and thus it was IMPERITIVE that I got it done at the airport... Well I arrived at Chicago Airport... and they refused saying the local INS had to do it either there at downtown Chicago INS center or when I got to Lincoln Nebraska (where I now live).... I was INSISTANT that I got it done there and, to be fair, they were attentive and helpful.. I argued and got managers and supervisors to check into it.... I was there for 3 hours... and left empty handed and resigned to not being able to work for the 90 days (or sooner if we got married earlier and filed earlier)... The INS officer at Chicago said goto the local INS office and they would give me this I688B... We did.... and I did get it.... But I have heard that other INS offices (Dallas springs to mind) have REFUSED to issue one saying it MUST be done at the airport on ARRIVAL... I was therefore able to work on arrival (this i688b was set to expire at the end of my original K1 90 days... once we got married we went back to the local INS office and it was extended to last one year ie it is meant to last while they process and approve the change of status application for green card etc...) All in all I would be v. careful... I was lucky but others haven't been. I know for a fact (2 friends) HAVE had their work permits issued at JFK airport on arrival so if you can I would move heaven and earth to ensure you fly in through that gateway..... >Secondly, before I applied for the K-1 I consulted a Cleveland-based >Immigration attorney about the process. My main concern was that as I >will be arriving with just the shirt on my back and I need to find work >straight away. I have the affadavit of support signed by my fiancee's >parents as my evidence of support, but I really feel uncomfortable being >a burden on them and want to get a job as soon as I arrive. I've been >offered jobs already, and I have a BSc in Software Engineering, so >getting employment is gonna be easy. The attorney told me that I could >get work authorisation under the K-1 BEFORE we married, as soon as I >arrive. Once we marry I have to apply to change my non-immigrant K-1 >status to LPR. I was happy with this, and got the K-1. You can work before you are married yes. I have heard of some poeople having problems with employers accepting them though purely BECAUSE they only have a 90 day temp work permit.... Again I was lucky and that didn't affect me.... They DID want to know that it would be extenend to a year and then a GC though.... I would suggest being honest with the employer. >At the Embassy, though, I was told that I cannot have a green card until >AFTER we marry, which is going to be two-and-a-half-months after I enter >the country! The flight is for July 17th, and the date of the wedding >(which cannot be feasibly changed) is Oct 4th. If you CAN get married straight away.... can you delay the arrival date? If you HAVE fixed the flight, at the v. least, change it to JFK airport... Another idea is to have a quick reg office wedding on arrival and still have your real wedding as planned... this is what we did/are doing... >This scares me, because if I'm not entitled to work then I'm gonna be >sat on my arse being a financial burden on the future in-laws for nearly >three months! I understood the affadavit of support to be a backup to >prevent me from becoming a public charge! *grin* To be honest sitting around for 3 months was looking like fun... :) But seriously... you should be okish just follow the advise... Also I would allow yourself AT LEAST 3 weeks on arrival to sort yourself out.... We were non-stop for 2 weeks after my arrival and b4 I started work and I STILL haven't got a chance to take a driving test yet. :( >The most important question is; Can I get work as soon as I arrive? Yes. See above. >Can I petition the INS for temporary work authorisation until we marry? Yes. Should be done at airport on arrival. But note problems. >How do I go about this? Do I have to beg the INS at the port of entry YES. And Fly into JFK. >or apply to the INS office in Cleveland after I arrive? This worked for me when Chicago refused to issue my work permit on arrival. It MUST be a MAIN INS office not a SERVICE CENTER.... Service centers only handle paper work and not actual customers... (as an aside........ the Lincoln NE service center then proceeded to lose my I484 change of status app once we were married... another nightmare... take it in in person) >I would really appreciate any advice you guys n' gals could give me, >because I'm very confused and concerned about the apparent disparity >between the Attorney's advice and the INS officer's advice. Email me if you need any clarification... The whole thing really CAN be a nightmare..... Now as far as employment is concerned, employment is authorized after the >adjustment of status to CR1 is approved. You will be issued a temporary >I-551 until your card arrives in the mail from the card facility. >Employment is not authorized upon initial admission under a K-1 visa. A >simple way for you to avoid this problem is to arrive in the US just prior >to your scheduled wedding, not 2 months before. You are correct in >assuming that the affidavit of support is meant to prevent you becoming a >public charge. Now if a lawyer has told you that you can in fact work in >the US prior to adjustment of status, that's a new one on me. I've never >heard of that. Of course that's not to say it's impossible, but I've never >seen it. The K-1's I have admitted typically get married shortly after >admission, so the question has never been an issue. The whole point of the K1 is that it DOES allow you to work during the 90 days of the K1 visa. If you do not get married and file the I485 and I765 then you cannot continue working. A 90 day I688B work permit should (in theory, see my other posts) be issued at point of entry to the USA. So in short, yes K1 allows you to work for 90 days. Then you MUST be married and file a I765 to extend the work permit till your I485 is approved and GC issued. >Best of luck, and welcome to the US! Indeed.... This is taken from an earlier posting to this group...... >"She should get work authorization at the point of entry, without a fee. >Insist on it. >Don't let them talk you into going to the local INS office. Assuming she >is arriving at >a class A port (any international airport is a class A port), they have >authorization to >give it then and there. The port of entry DON'T always give work authorization on a K1...Some do (correctly they SHOULD do it) but some will point blank refuse (I've heard this of Dallas Airport) while others (eg me at Chicago) will refuse, do there best to look into it and still refuse saying that the local INS office ONLY has the authority to do it and they don't. This is wrong but you can argue till your blue in the face (I even took evidence of other peoples work permits being stamped at port of entry at JFK airport and Chicago O'Hare INS still insisted they could not do the same... incredible... infuriating... distressing... but true.... I was there for 3 hours arguing this one....) So be careful on your port of entry is the answer with K1 visas... Or at least ensure that IF the airport INS does refuse you that the local INS office near where you will be living will do it (ring them up and ask) not a local INS office... NOT a service center.... >With the work authorization, you can get her a social security number >right away. Visit >any local social security administration office, show the passport with >the work >authorization, and submit Form SS-5 (downloadable from >http://www.ssa.gov). No fee for >the form. You don't, BTW, need to marry first. Good advice.... you NEED this number to get a job/bank account all sorts of stuff... do it the first day you are there.... If you ring back a couple of days later they should be able to give you your number there and then and thus you save the two week wait for it to be posted to you..... also ask them for a receipt so you can show an employer that U've applied for one and will have it soon... >Once married, make sure you get the proper marriage certificate (the >souvenir one given >to you by the church or JofP won't work; you need the version that has >been registered >with Vital Statistics). Then it's on to round two of the papers, >principally the I-485 >with subsidiary forms and docs. Read instructions carefully! And >remember you have >only 90 days to marry and file" Indeed! Good luck.... They don't make it easy but it CAN be done!! I have a few questions about the K-1 visa 'interview' process. My fiance > is living in Canada and I am in the states. Since she is in Winnipeg and > there is not a US Consulate office there (just about every major city in > Canada EXCEPT Winnipeg!), she must go to either Toronto or Calgary for the > interview. My questions are these: > > 1) Once the I-129F petition is processed, what happens next? I have > heard that the package is sent to the US Consulate in Canada (not sure > which office handles her jurisdiction since she is an equal distance from > Toronto and Calgary) and that she will receive a 'Visa Package?' > Right. You will receive a letter from INS says that the petition has been approved. Keep that. Don't lose it. Then your file will be sent to the consulate in Canada. Now, I recall on our application that there was a space to put down what consulate we wanted to go to (I guess in case there was more than one in the country, in our case there wasn't (London), but if you didn't do that or the form as changed, then she probably has equal chance of it going to either of those consulates you mentioned. Either way, one of them will contact her by mail and send her the packet of forms to fill out and a list of documents to get. Once she gets those, she notifies them that she has everything, sends it in and then they'll contact her to schedule an interview. > 2) With regard to the interview necessary to complete the process, what > are the typical questions that are asked and how is this interview > arranged. Since she will have to fly from Winnipeg to the US Consulate, I > am wondering if she has control over the scheduling of this interview? > That would obviously be ideal from a planning perspective. > She'll have advanced notice of course, but I"m not sure if she'll have the ability to negotiate for a day that is best. They are pretty busy. Imagine if everyone they contacted didn't like they day they were assigned. My husband took the first day they offered and made sure he was able to get there. (I mean, what's more important right?) :) > 3) Since we are both in business, we essentially met online through > networking. NEVER thought this would happen! However, we have spent a > lot of time together and we know what we want. I know that one of the > questions asked in this interview is how we met. As long as we have all > of our airline ticket receipts, phone bills, letters, emails, etc., this > shouldn't present a problem should it? (conceeding the fact that we > actually met 'online') That sounds quite sufficient. My husband brought with him all those things you just mentioned and he wasn't asked for any of it. They just talked to him. Just asked when we'd met, had we visited each other countries and met each other's parents. No big deal really. As long as the relationship is genuine there should be no problems. We were nervous about everything and in the end it all went very smoothly. > > 4) With regard to the temporary work permit, I have seen two terms used > in this newsgroup which may be synonomous: EAB and Form I-688B. Are > these the same things? I understand that not all airports issue these, > but since she would be flying in Los Angeles International, I'm not too > worried about it, probably a standard request. I am curious about the > work permit, and any experiences regarding the establishment of > employment. She would like to start looking for a job (submitting resumes > and the like) from home once the petition (I-129F) is filed. However, I > don't know if this is an uphill battle - i.e. perhaps she should wait > until she arrives on the fiance visa with work permit in hand? I do not know what the number of the form is, but have your fiance ask at the airport when she arrives for the temp work permit. If they can't give it to her then you have to file a form for it at INS and that will cause a slight delay, but shouldn't be too bad. Looking for a job in the US while she's still in Canada without even the K-1 yet will be difficult. My husband tried this from England and places didn't even reply to him. Once he was in the US, it was no problem. He got a great job offer in the first 30 days. He did have to show them the instructions, though, for the K-1, so his employers knew that a greencard was coming. A lot of companies are not familiar with the K-1 visa so be prepared to have to explain that you are allowed to work etc. Oh, and help your fiancee get a social security number as soon as she arrives. K-1 people can get one that says "work with INS authorization". > > Any assistance with these questions is greatly appreciated! Until now, I > didn't know this newsgroup existed and really felt in the dark! This > really helps though. Thanks in advance for the responses!!! (please > email me directly at acsc2@earthlink.net > > Mark Good luck! Cathy (& Matt) (went through this in '94) On Mon, 30 Jun 1997 01:29:33 GMT, cudmore@mindspring.com (Trevor Cudmore) wrote: >>Exactly my worry. I was lucky and Omaha issued it there and then. :( >>I hope you hear back soon. Did you also have to PAY for this I765 >>filing... You should get your initial 90 work permit FOC. > >Yes I had to pay $70. Forgive my ignorance but what does FOC stand >for? :) >Does anyone know if I can still get a temporary 90 permit? Another screw up then. :( You should not have to pay for your initial 90 day I688B work permit that is allowed with your K1 visa. This is an initial 90 day permit should be given FOC (Free of Charge) at the port of entry. Once you marry you then file for "Adjutment of Status" I485 AND, optionally, a I765 which you DO pay for $70, which EXTENDS your tempory 90 day I688B for a full year to cover you until the I485 comes through and you get your Green Card... So, in my case... Once Chicago airport had refused to issue my I688B I then had to goto the local INS in Omaha and get it issued there (which apparently they CAN refuse to do as the airport should do it) this was done free of charge. Once we were married I then had to pay the $70 for the I765 to EXTEND this work permit for a year. Your milage may vary as the system seems to be screwed. I've just recently been married, and my wife (who came here on a K-1 > visa) is getting things together for her adjustment to perm. resident > status filing. She wants to take my name as her last name now, but I > wonder what should be done about this when it comes to the green card > filing. > > Any ideas about the right way to make sure the name change is done > properly but doesn't confuse things with the green card? > > Thanks, > > -Eric > > ------------------------------------------------------------------------------ > > Eric C. Hagberg > Morgan Stanley Hello Eric, As long as she has legally changed her name when she married you, there should be no problem. If her name was changed on the marriage certificate, then it is legally changed. If it is just an afterthought now, you will have to go about changing it legally, check with the county clerk. A copy of the marriage certificate is required to be sent with the I-485 and I-765 and G-325. Take a look at the forms, they all have a place for A.K.A.'s or maiden names. As well, you must send in your Notification of Approval of Petition and that will have her maiden name, so they will be able to figure it out. Since it is a K-1 based I-485 the name is going to be a point they pay attention to. (Many women take their husband's last name, so this is really not even an issue, but I know how confused the INS can cause a person to be!) The filing of the I-485 and other forms for the K-1 based visa, are usually filed with your local office by mail, paying only in money order or cashier's check. Include: Money order for $200.00 ($130.00 I-485, $70.00 I-765) Form I-485 Marriage certificate Approval notification for I-129F Fingerprint card(s) in DFS-sealed envelope Form G-325A (for the person filing only) 2 Photographs (for the person filing only) Birth Certificate (Translated if necessary) Form I-765 Copy of I-94 card and K-1 Visa page of passport Form 9003 Tax history ADIT sheet for you particular designated INS office IMPORTANT NOTICE TO IMMIGRANT VISA APPLICANTS CONCERNING VACCINATION REQUIREMENTS Recent changes to United States immigration law now require immigrant visa applicants to obtain certain vaccinations ( listed below) prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are now required to verify that immigrant visa applicants have met the new vaccination requirement, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations: -- mumps -- measles -- rubella -- polio -- tetanus and diphtheria toxoids -- pertussis -- influenzae type b (Hib) -- hepatitis B -- varicella -- pneumococcal and -- influenza. In order to assist the panel physican, and to avoid delays in the processing of an immigrant visa, all immigrant visa applicants should have their vaccination records available for the panel physician's review at the time of the immigrant medical examination. Visa applicants should consult with their regular health care provider to obtain a copy of their immunization record, if one is available. If you do not have a vaccination record, the panel physician will work with you to determine which vaccinations you may need to meet the requirement. Certain waivers of the vaccination requirement are available upon the recommendation of the panel physican. Only a physician can determine which of the listed vaccinations are medically appropriate for you, given your age, medical history and current medical condition. Visa Services If anyone with helpful information could oblige... > > My fiance (from So Africa) and I are starting our attempt at obtaining a > K-1 visa for us to get married. My problem is that I am a graduate > student and will probably not be able to show "adequate" support on the > Affidavit. Are there any recourses? Bonds to post? Has anyone else > dealt with this situation and would be willing to share your experience? > > For what it's worth, he has sufficient skills (as a computer > technician/teacher) that his employment here in the States will not be a > problem. We are concerned that because of my status as a graduate > student (temporarily low income) that the visa will be in jeopardy of > being declined on those grounds. > > Thank you *infinite* amounts to anyone who can offer us advice! > > --Doe Doe, Take this with a grain of salt. I am a *new* Intern at Notre Dame Law School's Immigration Clinic, so this advice may not be completely accurate. I am currently handling a case where a graduate student is adjusting status by filing a I-485 (he married an american). His wife doesn't make much money, so they are filing an additional affadavit of support (from her parents). I don't believe the second affadavit of support has to be from an immediate family member. Caution: With the 1996 legislation in place, be certain that anyone you get to file an additional affadavit of support realizes that this is a binding contract -- they will be held accountable for any public funds he receives. Please double check this advice before acting on it. Regards, Brian Hi > > My wife entered the US in Sept on a K-1 visa -- we married October 4th > and filed for adjustment of status in Atlanta around Oct 9 (they only do > it by mail there now apparently). When she entered on the K-1 she > obtained employment authorization and is currently working. When we > filed for adjustement we also applied for an extension on the employment > authorization -- my first question is: When the current authorization to > work expires, how does my wife prove that she is legal to work while the > other applications are being processed? The INS told us they won't > really give us anything other than a receipt saying they have our forms - > - is this enough? Congratulations on your marriage. I too came over on a K-1, and was married on Oct. 4 of this year ! I also have my work authorization. The current work authorization your wife has, would expire at the same time as her visa would (3 months after entering). If she received her I-688B it would have the expiration date on it. When I applied for my adjustment of status at our local INS office, I also filed the I-765 employment authorization, and had it issued to me right there on the spot, and it is valid from the day the temporary work permit expired for a period of 6 months. If you also filed for the EAD, then Atlanta should be issuing that first. You may want to check with them on that one. > Second, we filed for Advance Parole so that we can have a ceremony for > her family to attend in England in February -- how long is the general > processing time for Atlanta on Advance Parole? And do you have to pick > up the travel document (as having it mailed was not an option for us > according to the I-131) from the INS office? I was told by the INS Office that advance parole is only being issued in cases of EXTREME Family emergencies i.e. a death in the family, and not in general travel situations, so it may not be possible for you to return to england in Fenruary, depending on how long Atlanta is taking to process the I-485. > Thanks for any help -- and if anyone needs input on the pre-adjustment > stages of the K-1 visa, feel free to write and I'll let you know how we > went about it. Hope this helps. I have recently obtained my K-1 visa and will be flying out to Chicago > at the end of the month, and will be married the week I get there. Can > somebody please give me details of the procedures I should follow after > the wedding, adjustment of status and all that... > -- > James Willis > Pioneer LDCE > http://www.ldce.pioneer.co.uk/pioneer2/ > James I have just been through the same process - got my K-1 in May, flew out two days later and was married a week after that. You'll need a whole set of new forms to fill in (no surprise there!), plus a copy of the marriage certificate. The forms are I-485, G-325A, I-797 (the approval notice for the K-1 petition, the one your fiancee received from INS), I-134, plus a birth certificate. You will also need to have your fingerprints taken - this is done on form FD-258, but can only be done by certain people, plus another set of photos to the same standards as before. You may find that the photographer will also be registered to take fingerprints - this was the case for me. If you visit the INS offices, they will be able to give you all the above forms, plus lists of people able to take the fingerprints. At the same time pick up an I-765 - this is the Employment Authorisation application. Once you have all the forms filled in, take them back to the INS office. You'll also need to take the appropriate fee along - $200, no personal cheques. Take a book too - it could be two or three hours! As long as all is in order they will schedule you for an interview for the change of status - probably sometime next year. If you file for Employment Authorisation at the same time, they will also schedule you for an interview for that - mine was just three days later. At this all they do is check all is in order, then photograph you, take a fingerprint, and hand you a laminated card (I-688B) giving you permission to work. Finally, you need a Social Security number, so go to the local Social Security office and fill in the form. Hand it back while you are there, they will give you a receipt and the card itself should appear within about 10-14 days. After that you are free to work. Hope all this helps - its not as hard as it looks but it can be quite time-consuming - lots of waiting in line. Good luck with the wedding. Andy Cripps I've been seraching the web to find some info on this question, but >can not find a site that's appropriate, so if any one has info, please >let me know. Here's the situation: > > I'm American, my fiance is a British citizen. He will have a university >job in the US for the next 2 years, and at the moment they are all >trying to decide which is the best visa for him. The J1 he had >previously, allowed him to utilize the tax treaty which stated that as >long as he left the US for 1 year after his IAP-66 expired, he did not >have to pay taxes to the US (he still paid UK taxes), but if he stayed, >then he would have to pay back taxes. So now it's been 2 years, and he's >re-entering the country to live for 2 years maybe 3. I know once we are >married he's eligible for a green card, but how will that affect his tax >situation? If he gets a J1, but before 2 years are up, acquires a green >card (via marriage), will that mean he must pay back taxes + interest? >We and the university are trying to decide whether a J1 or an H visa is >best, and how that will affect the UK-US tax treaty. (My own taxes are >minimal, as I'm on a meager grad student salary.) We will be married >before that 2 years is up, and may or may not go to the UK at that >point. > > >Any info you can offer is greatly appreciated, or any direction to a >website would be helpful.....hopefully I'll make it over to the law >library too. > > >Thanks, >Cherise Get IRS publications 519 "US Tax Guide for Aliens" and 901 "US Tax Treaties", beacuse what you say does NOT seem right. These publication are THE REAL SOURCE for info on your questions. They are free from the IRS, at 1800-829-3676 or at http://www.irs.ustreas.gov/prod/forms_pubs/index.html >please respond via email, as I don't see the ng's much. >crohr@biomed.med.yale.edu > You post here, you get the answer here. If you do not even want to botter to check for the answer to YOUR problems, do not expect others to go out of their way to help your highness Question #9, Part 7 of the N400 citizenship form asks if you have ever "...filed a federal income tax return as a nonresident..." This is also mentioned in Siskind's Immigration Bulletin, Aug. 11, 1996 as conclusive evidence of having abandoned residency; and in the INS webpage [8 CFR subchapter C part 316.5(ii)2 ] but nobody explains **EXACTLY** what is meant by the term: "filing as a nonresident". It would seem pretty obvious to me that if you filed a form 1040NR (US nonresident alien income tax return), then you DEFINITELY filed as a nonresident; but what about the case where you filed an ordinary Form 1040 joint return with your citizen spouse, and the spouse also filed a Form 2555 (Exclusion of foreign Earned Income) in which the SPOUSE claimed to be a bona fide resident of a foreign country ??? (The IRS regs specifically say that a citizen CAN be a bona fide resident of a foreign country even though he intends to return to the USA. So apparently their definition of "resident" is different than the INS definition.) I arrived in the U.S. on a K-1 in March. My I-688 90-day work permit (issued at Washington Dulles Airport) was free. When filing for adjustment of status, I enclosed an I-765 and a check for $70. Later, when I went to get my passport stamped at the local INS office, they said the I-765 was not needed and returned my $70. Btw. I just got my green card, here's the K-1 timeline: Filed I-129F in November '96, got notice of approval in mid-Dec '96, got package from the consulate early Jan '97, was granted K-1 in Feb '97, filed I-485 in April '97, had the INS interview in the end of May '97, received my green card Aug 15, '97. MNy The first thing to do is write to the US Embassy in London and get them to send you the UK85 pack for the K-1 Fiancee visa. This will tell you all the documents you need to collect, these are: • Police Certificate (Apply for this today! it takes nearly a month. Go to your local police station and tell them you need a PNC check for immigration purposes) • Birth Certificate (must be LONG FORM) • Valid Passport • Affadavit of support • Marriage paper if applicable (Previous marriage) • Divorce papers if applicable • Military record if applicable • Court record if applicable • 2 colour photos to given specs. • Adoption certificate if applicable • Deed poll change of name if applicable Get these collected now, before they ask you to do it, that way you have them ready for when you get US approval and don't have to wait to gather it all up later. This also means you can get all the UK85 forms filled out and ready. It took me 9 weeks from start to finish which ain't half bad. I'm going to include a lot of e-mail and newsgroup stuff below to read through, don't take it all as gospel, and if you have any more specific questions, then write to me, but be quick, I'll be gone in 3 weeks... There is a LOT of information here! -------------- WJD83L@aol.com wrote: > > I'd be most grateful if you could let me know how the day at the embassy > went, was the interview reasonable simple. Only I live in Cornwall, I know > the day starts at 8a and was wondering when the day is likely to end. > 8am at the surgery. Hand in your completed medical questionairre, passport, and vaccination card. Wait, get called up to collect your passport and pay £65.00. Wait, get called in for blood to be taken, they are only testing for HIV and Syphilus. Wait, get called in for chest X-ray, then see doctor, he'll check your chest with stethoscope, and a couple of other things (didn't even take my blood pressure). He'll ask about your vaccinations. If you haven't had any needed or don't have any proof of vaccinations he will tell you you have to have them there and then or you cannot have your visa, they cost about £30 quid each, so try and get them done before hand. Wait for X-Rays. Leave surgery and walk 10 mins to embassy. Ignore the queue at the embassy and show the security guard on the door your letter from the embassy. He will earch your bag and let you in. Go upstairs and turn left into the open area with seating, ignore the window as you first enter. You will see lettered booths. Approach the one A-J or K-Z as appropriate and ring the bell on the desk. A person will come and check your documents one by one. Sit down and wait. You will be called up to another booth where another person will talk to you. In my case this took about 2 mins. The only real question she asked was, when did you last see your fiancee (My fiancee was in the room with me! Although that isn't an issue), then we chatted about the weather in Illinois and she told me about a friends wedding. She was very nice, however she later wasn't when she was denying someone who admittedly had done something stupid, but as long as you've followed the rules you'll be OK. Then she said that everything was in order and that I was approved pending blood test results which would be back at 12:00 midday. So off I went, this was about 10am, but I was the first person of the day. I cam back at 11:45 and waited, at about 12:30 she told everyone that test results had been delayed until 2:00pm. I came back at 1:45 and waited. My results were OK, they gave me back my passport with the full page visa in it, and said that i could go home and relax now. I have to say it was pretty unstressful for me, but not for the girl who got denied and told that she would never be able to visit the States again (She was applying for a K-1 but had decided to move to the States after only the US INS approval, she arrived at the airport got interrogated for 3.5 hours and sent straight home, she actually told them that she had decided to move because she got the US INS approval, bad move!). Not pleasant though. My advice don't worry, you're in unless you have messed up. > Thanks in advance, Have a good time in the US :o) No problem, just ask if you need to know more. ----------- Subject: Re: K-1 Visa and Green Card question Date: 4 Jul 1997 18:29:02 GMT From: why_not@ix.netcom.com (Danny) Organization: Netcom Newsgroups: misc.immigration.usa References: 1 , 2 , 3 In article , dc@skull.dcn.ed.ac.uk says... > >In article <19970625163200.MAA15768@ladder02.news.aol.com> lapmigra@aol.com (LAPMIGRA) writes: >>From: lapmigra@aol.com (LAPMIGRA) >>Subject: Re: K-1 Visa and Green Card question >>Date: 25 Jun 1997 16:32:04 GMT > >[snip] > >>Employment is not authorized upon initial admission under a K-1 visa. A >>simple way for you to avoid this problem is to arrive in the US just prior >>to your scheduled wedding, not 2 months before. You are correct in >>assuming that the affidavit of support is meant to prevent you becoming a >>public charge. Now if a lawyer has told you that you can in fact work in >>the US prior to adjustment of status, that's a new one on me. I've never >>heard of that. Of course that's not to say it's impossible, but I've never >>seen it. The K-1's I have admitted typically get married shortly after >>admission, so the question has never been an issue. > >I was under the impression that the alien fiance should request permission to >work at the port of entry if they want to work before the wedding. This would >be given automatically if the fiance asks for it. Is this not correct? > >Thanks >Dave I hope that I do not have such a bad time, and according to the National Social Security information line, I can get a SS# for my girl (without permission to work) by just having her go to the SS office and supplying her papers issued by INS. The nice lady on the phone said that SS office is only concerned that the Alien was lawfully admitted by INS, can prove it with their documents, and that they follow the wishes of INS in the area of either permission to work, or to not work when issued the SS card. If a SS number is issued without temporary work permission, then they stamp the SS card "no permission to work", and if that alien works, they will report it to the appropriate place at INS. You can see a basic explaination of this on the actual SS forms. The forms states something like if you are an alien, then see section 4 for details. Now, what we actually experience in the real world is a totally different matter!!! I *HAVE* to get the SS # for my girl who will be admitted (hopefully..still pending) on a K-1 visa, as the marriage license bureau in our locale *REQUIRES* SS # for a marriage license and marriage. We could care less about her actually being able to work for a few months or so. We are just concerned that she does not get deported from not being able to get a SS# to get married. Any comments or observations will be happily accepted and welcomed. Thank you, Danny ------------------ Subject: Re: US fiancee's rights after marrying UK person Date: Wed, 02 Jul 1997 20:14:40 -0400 From: Stephen Gallagher Organization: Just me. To: Graeme J Quinn Newsgroups: misc.immigration.usa, misc.immigration.misc References: 1 Graeme J Quinn wrote: > > People, > > Just a quick question... > > On the 17th July I'll arrive in Ohio on a K1 to marry. Once we are > married, what rights does my new wife have re: travelling back to the > UK? Does being married to me make her dual-national? Can she come > back to England with me at some later date without having to file for a > visa? First of all, congratulations to you both! Marriage to a British citizen will not confer British nationality or any type of dual national status on your future wife. If, at a later date, you and your wife wish to go to Britain to live, you will have to sponsor her for a UK entry clearance by making an application at a British consular office. Normally, the process of issuing an entry clearance to the spouse of a British citizen is very straightforward. An entry clearance will be issued for her to enter the UK for one year. Her passport would be endorsed to allow her to work in the UK. At the end of one year you and she would have to apply to the Immigration and Nationality Directorate in Britain to have your wife be granted "indefinite leave to remain" in the UK. At this point, she will be permitted to stay in Britain permanently. Stephen Gallagher -------------- Subject: Re: K-1 Visa and Green Card question Date: Sun, 29 Jun 1997 15:18:45 GMT From: cudmore@mindspring.com (Trevor Cudmore) Organization: MindSpring Enterprises Newsgroups: misc.immigration.usa References: 1 , 2 , 3 , 4 , 5 >>Fact of the matter is yes the INS at port of entry SHOULD issue a >>I688B 90 day temp work permit. But not all of them doýÿÿÿ‚ƒ„…†‡ˆ‰Š‹ŒŽ‘’“”•–—˜™š›œžŸ ¡¢£¤¥¦§¨©ª«¬®¯°±²³´µ¶·¸¹º»¼½¾¿ÀÁÂÃÄÅÆÇÈÉÊËÌÍÎÏÐÑÒÓÔÕÖ×ØÙÚÛÜÝÞßàáâãäåæçèéêëìíîïðñòóôõö÷øùúûüýþÿ. From personal >>experience Chicago doesn't and I have heard that Dallas doesn't >>either. JFK does. I'm not sure who wrote this but may I just say that this was NOT my experience at JFK. I was told that they did not issue the 90 day permit and I had to go to the INS office in New York City. This I did, and after spending a few hours standing in line I was told that they couldn't help me, I just had to mail off the EAD application. I informed them of that the Immigration official told me, and they replied "Oh, they always say that". My experience at JFK was far from pleasant. The officials were extremely rude, even making personal comments regarding my fiancee. I couldn't wish my experience on anyone. The worst part of all this is that I now have to wait for my EAD before I get my SS#, as has already been mentioned here. Yesterday I received the conformation that INS has the application, but they are saying that it will take up to 80 days to process. I just have no idea how we are going to get by without me working for so long. Trevor --------------- ubject: K1 Visa (Fiance) Date: Thu Mar 6 15:29:55 1997 From: Richard MacDowell To: pioneer.laserdisc@dial.pipex.com Hi, First of all, congratulations on your upcoming marriage. :) Second, the K1 visa is valid for 90 days and yes, you mut either marry or leave the US within this time frime. Your girlfriend should do the first part by calling 1-800-876 FORMS (the INS automatic response forms line-call early in the morning for best results) and ask for form # I-129F and two copies of form # G325A. She will send you one form G325A to fill out and sign and you will send it back to her. She will fill out her own G325A and the I-129F and sign them. These documents along with supporting documentation (eg her proof of citizenship and proof that you two have met in the last 2 years and proof that you have a valid relationship) plus a one INS-specified photo of each of you and a check for $75 are sent to the INS regional processing center (_not_ the local INS in her home state!!!) When they approve the petition (I129F),(it takes about a month) the INS will contact the embassy in your country. The consular section of the embassy will contact you via postal mail to arrange an interview. At that time you will receive a list of documents to be presented at the visa interview. You can start getting some certified copies of your birth certificate. If your passport is ready to expire you should renew it. It's a fairly simple process, albeit time-consuming :( It is rare that anyone is refused a K1 visa, since the petitioner is a US citizen and you do not have to prove that you do not intend to live in the US. You are allowed to work on the K1 visa. Make sure that the INS official at the airport stamps "employment authorized" in your passport. This cannot be done, as far as I know, at the embassy or later on after your arrival in the US. Make sure you get the stamp at the airport!!!!!! Well, that's the basic information on the K1 process, I went through it last year ... that's how I know so much detail. If you have any other questions please don't hesitate to ask ... Richard rmacdowell@envirolink.org PS if your girlfriend is trying to get through to a human at the INS, she might as well relax. I don't believe they ever answer the phone.:( -------------- Subject: Re: K Visa (Fiance) Date: Thu, 6 Mar 1997 20:02:46 +0000 From: Unspecified Reply-To: Unspecified Organization: Unspecified Newsgroups: alt.visa.us References: 1 >My girlfriend (US Citizen) and myself (UK citizen) have decided to get >married (you are the first people to hear as yet!). I would like to get >over there with her as soon as possible, and I believe that a fiance >visa for myself is the best method. I believe this is valid for 90 days >in which time we must get married. Basically any information anyone can >give me would be great. What sort of timescale should I work to, what >status do I have after marriage, might I be refused a fiance visa, can I >work on the K visa? >>Anything, please help me, it's driving me crazy!! This is what I remember from when a friend did exactly what you've described. Application for the K visa requires an affidavit of support to be signed by the US citizen which guarantees that she will maintain you at not less than 125% of the state defined poverty level. There are assorted forms to fill in, and official papers to find (eg birth certificate and stuff from the Embassy) I think in theory it takes 4-6 months to process although can take longer. Interviews will be involved to ensure yours is a genuine marriage, ie not a cover to get you a green card. You will almost certinaly need to undergo a medical. It is valid for 90 days, during which time you must marry and file the next set of papers, to change your status to "conditional permanent resident". If anythiing goes wrong in the next two years (specifically divorce) your status is cancelled and you are theoreticaly liable to deportation. After two years you file more papers (and another "fee") to obtain unconditional permanent residency. For full information, try calling 0171 499 6846 - this is the visa sectin of the American Embassy in London. Have fun Note: this is not legal advice and is not intended to replace a professional opinion. ------------- Subject: Q: K-1 visa & EAD Date: 10 Mar 1997 14:28:57 GMT From: thenewt@use.usit.net (##Make Nylander) Organization: United States Internet, Inc. Newsgroups: alt.visa.us I recently arrived in the US on a K-1 visa and was issued a temporary 90-day EAD at the immigration inspection. I asked the INS officer if the EAD would be extended after the 90 days, and she said I would be given a new EAD when I file my I-485 after having gotten married. However, I found out that the INS office in Memphis, TN, accepts I-485s filed only by mail and the instructions state that the response time of work authorization requests is 90 days. My question is: If I file my I-485 & I-765 before my current temporary EAD expires, is my EAD valid until I get the new one? Do they expect me to quit my job while waiting for the new EAD -- that makes no sense. My second question concerns the I-485 and the Affidavit of Support: Supplement to form OF-156, OF-156K, states that the Affidavit of Support provided to the INS when applying for the K-1 visa will be accepted for adjustment of status. However, the instructions for I-485 are unclear on this. Do I need to provide another Affidavit of Support? If I do, what is the legal status of the first AoS? Thank you in advance, M. Nylander ----------------- Subject: Re: Q: K-1 visa & EAD Date: Mon, 10 Mar 1997 21:48:29 -0500 From: A Smith Organization: Cornerstone Networks - Pure Internet! Newsgroups: alt.visa.us References: 1 ##Make Nylander wrote: > > I recently arrived in the US on a K-1 visa and was issued a temporary > 90-day EAD at the immigration inspection. I asked the INS officer > if the EAD would be extended after the 90 days, and she said I would > be given a new EAD when I file my I-485 after having gotten married. > However, I found out that the INS office in Memphis, TN, accepts > I-485s filed only by mail and the instructions state that the response > time of work authorization requests is 90 days. My question is: > If I file my I-485 & I-765 before my current temporary EAD expires, > is my EAD valid until I get the new one? Do they expect me to quit my > job while waiting for the new EAD -- that makes no sense. I was in the exact position of coming in on a K1, having my EAD expire before the INS could renew the it and having to give up my job while waiting for this renewal. There is no legal means of working while your EAD has expired, even if you have filed the I485 and I765. (This was discussed on the newsgroup a month or so ago and this was the conclusion. I also checked this with an immigration lawyer.) I found that our local congressman was sympathetic to our problems and did help to facilitate the EAD renewal, but we left writing to him until quite late in the waiting process (i.e. 2 months after applying for the EAD renewal) so it did not help us very much. Anne ------------- Subject: Re: Q: K-1 visa & EAD Date: Tue, 11 Mar 1997 10:01:17 -0800 From: Jonathan McNeil Wong Organization: Donahue, Gallagher, Woods & Wood Newsgroups: alt.visa.us References: 1 , 2 A Smith wrote: > > ##Make Nylander wrote: > > > > I recently arrived in the US on a K-1 visa and was issued a temporary > > 90-day EAD at the immigration inspection. I asked the INS officer > > if the EAD would be extended after the 90 days, and she said I would > > be given a new EAD when I file my I-485 after having gotten married. > > However, I found out that the INS office in Memphis, TN, accepts > > I-485s filed only by mail and the instructions state that the response > > time of work authorization requests is 90 days. My question is: > > If I file my I-485 & I-765 before my current temporary EAD expires, > > is my EAD valid until I get the new one? Do they expect me to quit my > > job while waiting for the new EAD -- that makes no sense. > > > I was in the exact position of coming in on a K1, having my EAD expire > before the INS could renew the it and having to give up my job while > waiting for this renewal. There is no legal means of working while > your EAD has expired, even if you have filed the I485 and I765. > (This was discussed on the newsgroup a month or so ago and this > was the conclusion. I also checked this with an immigration lawyer.) > > I found that our local congressman was sympathetic to our problems > and did help to facilitate the EAD renewal, but we left writing to > him until quite late in the waiting process (i.e. 2 months after > applying for the EAD renewal) so it did not help us very much. > > Anne This is just a rotten situation for K-1 aliens. The only thing I can suggest is marry ASAP once you get here so that the gap in employment is small. Consider bringing the matter up through the local American Immigration Lawyers Association liaison. In San Francisco, the local office will do an EAD on a same-day basis so there isn't this problem. -- Above intended as general commentary, not specific legal advice. Your mileage may vary. --------------- Subject: K1 visa holders - Advice enclosed. Date: Wed, 12 Mar 1997 05:05:08 GMT From: nigel@nelgin.psyberlink.net (Nigel Reed) Organization: Nelgin's News Server! Newsgroups: alt.visa.us I've seen a lot of postings about K1 visas and confusion over EAD's (employment authorization documents). I hope this advice helps. When you arrive in the US, you can obtain temporary work authorization for 90 days from the day of entry. Once you are married, you must then file your I-485 and you should also file form I-765 (EAD form) *AT THE SAME TIME*. The request for an EAD will be based on the filing of an I-485 (K-1 visa holder who has married within 90 days). Here in Dallas, I filed I-485 and I-765 on 30th December, and I picked up EAD (which is valid for 1 year) this morning. So the moral of the story. If you've not arrived in the US yet, try to arrive as close to the date of the wedding as possible if you want to be able to continue working. Also, file both forms I-485 and I-765 as soon after the wedding as humanly possible. Do it in person if you can. The paperwork can be checked there and then to ensure that everything that should be there is. Otherwise it'll be returned, or you'll be asked to send more information. If your 90 day work authorization expired, you cannot work legally, so INS tell me anyway. Oh also, some states require a "cooling off period" between obtaining a marriage licence and the actually wedding. Get your intended to check - you dont want to arrive too early! If this little bit of advice, based on my personal experience, helps at least 1 person, then it was worth while writing it. If you've already filed form I-485 without form I-765 - I would recommend telephoning an INS office and explaining you files I-485 based on K1 visa but didn't file form I-765 and finding out the situation in your area. Some INS offices, I hear, give out an EAD on the same day - Dallas doesn't! Regards Nigel ---------------- Subject: Re: K1 related questions. Date: Thu, 13 Mar 1997 17:55:54 -0500 From: Catherine Chant Organization: Boston College To: nigel@nelgin.psyberlink.net Newsgroups: alt.visa.us References: 1 Nigel Reed wrote: > > A couple of questions I have regarding the K1 visa which someone might > be able to answer. > > I filed my I-485 and I-765 back on 30th Dec 96. I got work > authorization on Tuesday morning which is valid for 1 year. > > My first question is, do I have to apply, and pay for, a new > EAD every year for the duration I am living in the US? > No, as soon as you get the greencard, that's your 'work permit' because you will then be a permanent resident. Greencards need to be renewed, but only something like every 10 years I think. (I haven't looked at my husband's lately). > Secondly, Will my wife and I have to attend an interview before > I file to get the conditions removed from my permentant residency > status, and an interview again after that? Basically, what am I > waiting for? Do INS make the next move, or I do? Well, we filed our I-485 in person at the time (that was the way it was done in Boston in 1994). We got an interview date at that time. It was for a couple months after we filed the I-485. You should be contacted soon by INS with an interview date. Then the two of you go in and they just ask you some routine questions. Nothing very personal. Our interview only took about 15 minutes and the questions were all stuff on the forms like 'when did you arrive in the US', 'what date did you get married?', 'will you be at this address for the next 6 months' (so they can mail the card to you). Don't get stressed over it. But do use the opportunity to ask your own questions if you have any because this is one of the few times you'll be face to face with a body at INS. :) They will stamp your passport at this interview that you are now a conditional perm. resident and this stamp will serve as a 'temp' greencard and that will allow you to travel outside the US and get back in while you wait for the actual greencard to arrive in the mail. My husband's arrived in 4.5 months. Then 90 days prior to the 2yr anniversary of you getting that stamp in the passport you file the form to remove the condition on your permanent residency. INS did send us a reminder about this prior to that date, but don't count on it. Mark the calendar as we did far in advance! :) The form for this part says an interview may be required but we did not have one. We sent in sufficent proof that our marriage was still valid (such as mortgage papers showing our home purchase, joint car loan, joint bank account) and that was accepted and we received a letter in the mail saying the condition was removed. > > Finally, god forbid should anything happen whereby my status as being > a legal resident be challenged, I have nothing to show, except my K-1 > visa in my passport, and my I-94 card, a Texas driving licence and my > work authorization document. Should there be something else I need > to obtain from INS which shows I have conditional permenant residency > in the US, and that I fulfilled the conditions of the K-1 visa so far. > Right now you do not have conditional permanent residency. When you have that you'll get that stamp in your passport. You are in 'adjustment of status' state and the documents you have now are fine for that. You should have receipts from your K-1 filing etc and that will be fine. I don't think anyone will challenge you. Good luck with everything! Cathy and Matt (who is also from the UK) -------------- U.S. Department of State 95/08/01 Visas: Fiance(e) Visas Bureau of Consular Affairs FIANCE(E) VISAS The Immigration and Nationality Act provides a nonimmigrant visa classification "K-1" for aliens coming to the United States to marry American citizens and reside here. PETITION To establish K-1 visa classification for an alien fiance(e), an American citizen must file a petition, Form I-130, Petition for Relative or Fiance(e), with the Immigration and Naturalization Service (INS) having jurisdiction over the place of the petitioner's residence in the United States. Such petitions may not be adjudicated abroad. The approved petition will be forwarded by INS to the American consular office where the alien fiance(e) will apply for his or her visa. A petition is valid for a period of four months from the date of INS action, and may be revalidated by the consular officer. VISA INELIGIBILITY/WAIVER Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship, must be refused a visa. The two-year foreign residency requirement for former exchange visitors is also applicable. If found to be ineligible, the consular officer will advise the applicant if the law provides for a waiver. APPLYING FOR A FIANCE(E) VISA Upon receipt of an approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a "K" visa. Since a fiance(e) visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant. In addition to the prescribed application forms, the following documents are normally required: -- Valid passport -- Birth certificate -- Divorce or death certificate of any previous spouse -- Police certificate from all places lived since age 16 -- Medical examination -- Evidence of support -- Evidence of valid relationship with the petitioner -- Photographs OTHER DOCUMENTATION Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement. As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiance(e). If found eligible, a visa will be issued, valid for one entry during a period of six months. A non-refundable $20.00 application fee is collected at posts which issue machine-readable visas. U.S. PORT OF ENTRY At the port of entry, the alien fiance(e) will receive a stamp in his or her passport giving temporary permission to work pending marriage to the U.S. citizen. The marriage must take place within 90 days of admission into the United States. Following the marriage, the alien spouse must apply to the INS to establish a record of entry for conditional permanent residence status. After two years, the alien may apply to the INS for removal of the conditional status. ADDITIONAL INFORMATION Family Members The unmarried, minor children of a K-1 beneficiary derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition. A separate petition is not required if the children accompany or follow the alien fiance(e) within one year from the date of issuance of the K-1 visa. Thereafter, a separate immigrant visa petition is required. Employment The alien fiance(e) is given temporary permission to work by the INS at the port of entry. FURTHER INQUIRIES For questions on where to obtain the Form I-130 petition, and how and where to file it, contact your local INS office for details. For questions on processing the visa application at the American consular office overseas, contact that consular office. UNITED STATES DEPARTMENT OF STATE PUBLICATION 10078 Bureau of Consular Affairs Visa Services Directorate August 1995 (###) ----------------- VISA SERVICES Inquiries about visa cases and the application process 202-663-1225 Immigrant visa cut-off dates 202-663-1541 Diversity Visa Hotline 1-900-884-8840 ($5.10 per call) National Visa Center (Immigrant visa inquiries) 603-334-0700 603-334-0700 ------------- Selected Nonimmigrant Categories K Fiances The Immigration and Nationality Act ("INA") grants K-1 nonimmigrant status to an alien fiance(e) of a U.S. citizen who seeks to enter the U.S. solely to complete a valid marriage within 90 days after such entry. K-1 visas are only permitted where the petitioner is a U.S. citizen, not a U.S. permanent resident. K-2 status is granted to the dependent minor children of an alien fiance(e) who are accompanying or following to join that fiance(e). This category is used where the alien intends to remain in the U.S. after the marriage until his or her status is adjusted to that of permanent residence. Because it is clear that the fiance(e) intends to remain permanently in the United States, there is no requirement that he or she maintain an unrelinquished residence abroad. Note: if the alien can establish the existence of a residence abroad to which he or she intends to return after the wedding, the alien may enter the United States as a B-2 visitor for pleasure. In such a case, the alien may leave the United States after the wedding and apply abroad for an immigrant visa as a spouse rather than as a fiance(e). Both the U.S. citizen petitioner and the alien beneficiary must have a bona fide intention to marry and be legally free to marry during the entire 90-day period following the beneficiary's admission to the United States. The petitioner must also establish that the petitioner and beneficiary have met in person within the two years immediately preceding the filing of the petition, although an exemption from this requirement may be obtained if compliance would result in extreme hardship or would violate long-established customs of the beneficiary's foreign culture or social practice. If the fiance(e) does not marry the petitioner within the 90 day period, he or she must depart from the United States. An alien admitted to the United States as a fiance(e), is authorized to be employed in the United States for the duration of the visa without any restrictions as to the type of employment or location thereof. However, it is necessary to apply for an employment authorization document. Further, as adjustment of status will likely not be obtained before the expiration of the fiance(e) visa, the alien fiance(e) should apply for an extension of the employment authorization once his or her adjustment application has been filed. Once the alien fiance(e) is married, he or she may apply to adjust status from K-1 to permanent resident. As in all adjustment cases, the alien should refrain from travel outside the United States while the adjustment application is pending. This is because the INS regulations deem an adjustment application abandoned in such cases. However, in the case of emergent personal reasons or bona fide business reasons, the alien may apply for advance parole to permit such travel. Fiance cases fall under provisions of the Immigration Marriage Fraud Amendments of 1986 as the fiance(e)'s status results from a marriage that was entered into less than 24 months before permanent residence was acquired. All such individuals are given conditional permanent residence rather than full permanent residence. The petitioner and the beneficiary must jointly file a petition to remove the condition within 90 days of the second anniversary of the alien obtaining condition permanent residence. If the petitioner and beneficiary fail to file the joint petition within the 90 day period, a waiver must be obtained in order to avoid a loss of permanent residence status. Waivers will be given only in limited circumstances. In either case, the Immigration and Naturalization Service will have the opportunity to review the legitimacy of the marriage prior to removing or waiving the condition. ------------- IMPORTANT NOTICE TO IMMIGRANT VISA APPLICANTS CONCERNING VACCINATION REQUIREMENTS Recent changes to United States immigration law now require immigrant visa applicants to obtain certain vaccinations (listed below) prior to the issuance of an immigrant visa. Panel physicians who conduct medical examinations of immigrant visa applicants are now required to verify that immigrant visa applicants have met the new vaccination requirement, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations: -- mumps -- measles -- rubella -- polio -- tetanus and diphtheria toxoids -- pertussis -- influenzae type b (Hib) -- hepatitis B -- varicella -- pneumococcal and -- influenza. In order to assist the panel physican, and to avoid delays in the processing of an immigrant visa, all immigrant visa applicants should have their vaccination records available for the panel physician's review at the time of the immigrant medical examination. Visa applicants should consult with their regular health care provider to obtain a copy of their immunization record, if one is available. If you do not have a vaccination record, the panel physician will work with you to determine which vaccinations you may need to meet the requirement. Certain waivers of the vaccination requirement are available upon the recommendation of the panel physican. Only a physician can determine which of the listed vaccinations are medically appropriate for you, given your age, medical history and current medical condition. ----------- Subject: Answers FIANCE Visa! Date: Mon, 14 Apr 1997 03:34:08 GMT From: info@us-immigration.com Organization: Rt66.COM, New Mexico #1 ISP Newsgroups: alt.visa.us The following are some of the required forms: I-129F Petition for Alien Fiancée. (INS fee $75) G-325A Biographic Information for Citizen & Alien I-134 Affidavit of support signed by an American Citizen, before a notary public. Photos, Birth Certificates/Divorce certificates/Affidavit The applications are generally filed at the local INS Office. From there the applications go to the American Consular Office. If approved the Fiance gets the visa, then the Work permission stamp. Once married you may file form I-485 application for Adjustment of status with the required supporting docs. at the INS Office. -------------- Immunization Requirements for Aliens The following is based upon a January 30, 1997 memo from AILA General Counsel H. Ronald Klasko regarding vaccination requirements. Mr. Klasko received clarification from INS (Jacqueline Bednarz) on issues raised by the January 17, 1997 wire on the subject. ---- In accordance with the 1996 Illegal Immigration Reform Act (IIRA 96), Section 212(a)(1)(A)(ii) of the Immigration & Nationality Act now contains a requirement that immigrants present documentation of vaccinations for various vaccine-preventable diseases. The revised statute is presented below. The INS has provided the following clarifications regarding this requirement. 1. Any adjustment application filed before September 30, 1996 will not be affected by the vaccination requirement. 2. INS will not look behind a medical certification filed with an adjustment application after September 30, 1996. Therefore, adjustment applications filed with medical examinations after September 30, 1996 will continue to be adjudicated and approvals will not be revoked for failure to complete vaccinations. Adjustment applications can continue to be filed without proof of vaccination until the Centers for Disease Control instructs the Public Health Service physicians to insist on proof of compliance with the vaccination requirement. 3. It is expected that CDC will provide instructions regarding vaccination requirements to Public Health Service physicians in the early part of February. When that happens, Public Health Service physician will not sign the medical examination forms without proof of compliance with the vaccination requirements. 4. Under no circumstances does INS plan to go behind the determination of the physicians (unless there is some suspicion of fraud). In other words, a physician's certification, whether issued before or after the instructions from the CDC, will be accepted for adjustment purposes. 5. If is not clear whether CDC will require the entire series of Hepatitis B vaccinations, which can take several months to complete. CDC has said that these vaccinations are not available throughout the world and may not be required. However, the ultimate decision will be that of CDC. This is the State Departments' most recent cable to the consular posts on this subject. Department of State Cable Discusses New Vaccination Requirements This Department of State cable is number 14 in a series providing information on the immigration provisions of P.L 104-208. New INA 212(a)(1) governs medical ineligibility in accordance with vaccination requirements. Preliminary guidance is provided in the attached memorandum. The visa applicant's responsibility under the new requirement is to submit proper documentation to the panel physician verifying to the doctor's satisfaction that the applicant received the required vaccinations. =========================== FROM: Secretary of State, Washington D.C. TO: ALL DIPLOMATIC AND CONSULAR POSTS UNCLAS STATE 017250 VISAS E.O. 12958 TAGS: CVIS SUBJECT: P.L. 104-208 UPDATE NO. 14 - INA 212(A)(1): MEDICAL INELIGIBILITY REF: (A): 96 STATE 210953, (B) 96 STATE 208799, (C) 96 STATE 219672, (D) 96 STATE 227459, (F) 96 STATE 225256, (G) 96 STATE 226321, (H) 96 STATE 229819, (I) 96 STATE 232219, (J) 96 STATE 239978, (K) 96 STATE 245754, (L) 96 STATE 262098, (M) STATE 6166, (N) STATE 7103, (O) STATE 12764 Summary 1. This cable is number fourteen in a series providing information on the immigration provisions of P.L. 104-208. As mentioned in earlier REFTELS, many of the amendments to the INA under this Act became effective upon the president signing the bill into law on September 30. As most of the changes affecting consular processing require coordination with other agencies, the Department is not in the position to provide comprehensive and final guidance at this time. We hope that the following interim guidelines will be helpful pending a more definitive resolution of outstanding issues. 2. Per REFTELS, the series of cables pertaining to P.L. 104-208 provide texts of the entire amended sections of the INA and discussions related to their impact on consular operations. Subsequent operational guidance will, also, be provided. These statutory amendments required restructuring of part 48 of the Code of Federal Regulations which is set forth in the 9 FAM 40 series. End summary. Health related grounds: INA 212(a)(1) and INA 212(g) 3. The revised statute pertaining to 212(a)(1) ineligibilities is set forth below: (1) Health related grounds. - (A) In general, - any alien - (i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance, (ii) who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphteria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the advisory committee for immunization practices. (iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General) - (I) to have a physical or mental disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or (II) to have had a physical or mental disorder and a history or behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others, and which behavior is likely to recur or to lead to other harmful behavior, or (iv) who is determined (in accordance with the regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible. (B) Waiver authorized - For provision authorizing waiver of certain clauses of subparagraph (a), see subsection (g). (g) The Attorney General may waive the application of - (1) Subsection (a)(1)(A)(i) in the case of any alien who - (A) is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa, or (B) has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence; in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe: (2) Subsection (a)(1)(A)(i) in the case of any alien - (A) who receives vaccination against the vaccine preventable disease or diseases for which the alien has failed to present documentation of previous vaccination, (B) for whom a civil surgeon, medical officer, or panel physician (as those terms are defined by section 34.2 of title 42 of the Code of Federal Regulations) certifies, according to such regulations as the Secretary of Health and Human Services may prescribe, that such vaccination would not be medically appropriate, or (C) under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the alien's religious beliefs or moral convictions; or (3) Subsection (a)(1)(A)(i) In the case of any alien, in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe. (Amended by section 341 of Pub. L. 104-208, date 09/30/96) Discussion of new 212(a)(1)(A)(i) 4. This new subsection applies only to immigrant visa applicants and aliens seeking adjustment of status from the INS. It does not apply to nonimmigrants. It requires immigrant visa applicants to present documentation verifying that the applicant received vaccinations against the diseases listed in the amended law as well as any other vaccinations against vaccine-preventable diseases recommended by the advisory committee on immunization practices. As this amendment clearly pertains to the determination of medical excludability made by panel physicians, it will require a change in the instructions by HHS to panel physicians. The department is working with HHS on this matter. Interim procedures (9 FAM 40.11(A)) 5. The Department's regulations (40.11(A)) state that the panel physician's finding on medical eligibility for visa issuance is binding on the consular officer. The alien's responsibility under this new requirement is to submit proper documentation to the panel physician verifying to the doctor's satisfaction that the alien received the required vaccinations. The physician then determines the alien's medical eligibility. It is the alien's responsibility to submit proper documentation to the panel physician during the medical examination and the panel physician, in turn, must be satisfied that the alien has presented sufficient documentation establishing compliance with the new vaccination requirements. However, it will take additional time before this requirement is fully implemented. To avoid interruption of immigrant visa processing, consular officers shall continue to process cases by relying on the findings of the panel physician regarding the alien's medical eligibility. Immigrant visa waiver under INA 212(g) 6. Section 212(g) has also been amended to provide a corresponding waiver for the new vaccination requirement. Instructions on the new 212(a)(1) requirement will include any necessary guidance needed by consular officers to assist visa applicants in processing a waiver application. The medical guidance that will form the basis of waivers granted under sections 212(g)(2)(A) and (B) of the Act will be provided by the Center for Disease Control. 7. Note that the waiver provisions at 212(g)(2)(A) contain a unique twist. The waiver addresses situations in which the vaccination requirement has been met through the alien's submitting the vaccinations, under other provisions of the INA, when an alien, subsequent to a 212(a) refusal meets the requirements of the ground of ineligibility, the refusal is deemed to be overcome. The applicant is no longer ineligible and a waiver, therefore, is not required. The 212(g) provision, however, is different. The language at section 212(g)(2)(A) indicates that a waiver for ineligibility under section 212(a)(1)(A)(i) is required notwithstanding the fact that the applicant subsequently presents documentation showing that all immunizations have been obtained. Posts will be provided with complete details on the waiver modalities in the very near future. Procedural considerations 9. Posts should alert panel physicians to the new vaccination requirements for immigrant visa applicants and refugees. The list of required vaccinations should be shared with panel physician(s), who should be asked what problems they foresee in implementing the new regulations. The problems identified by the panel physicians should be reported to the Department and to CDC as soon as possible. Panel physicians should also recommend what documents should constitute credible proof that an immigrant has previously been vaccinated. These recommendations will be shared with CDC. 10. Posts are welcome to convey any suggestions or concerns about implementing the new requirements by cable (slugged for CA/VO/F/P and CDC - Division of Quarantine, with info to VO/L/R) or E-Mail (to CA/VO/F/P: Michelle Bernier-Toth, CC: CA/VO/L/R: Ron Acker). Madelaine Albright Here's how the Nebraska Service Center is handling vaccinations... The following is an INS memo from the Nebraska Service Center regarding the vaccination requirements under the new immigration law. We do not know if other service centers will follow the same practice as Nebraska is now implementing. Until receiving further instructions from INS headquarters, NSC will process adjustment applications where the INS-approved physician has indicated the applicant is "current for recommended age-specific vaccinations." This reflects what we understand is current INS policy: the INS will not look beyond the statement made by the examining doctor on the vaccination issue. NSC Policy Directive - Implementation of Section 341 of IIRAIRA (96 Act) Date: March 31, 1997 To: All INS Staff Nebraska Service Center From: Office of the Director Nebraska Service Center Section 341 provides for the exclusion of an applicant for an immigrant visa or an alien seeking adjustment of status if the alien fails to "present documentation of having received vaccination against vaccine- preventable diseases," such as "mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepititis B." The amendment applies to adjustment of status applications filed on or after September 30, 1996. To date, NSC policy has been to withhold final adjudication of adjustment applications filed on or after that date, pending receipt of clarification and guidance from HQ. Officers are now directed to commence adjudicating adjustment applications filed on or after September 30, 1996, adjudicating the vaccination issue in the following manner: During the period September 30, 1996 until such time as HQ directs officers will continue to accept Forms I-693 dated and signed by the civil surgeon. If the civil surgeon has medically cleared the alien for adjustment of status, the adjustment application may be approved if the alien is otherwise admissible and the application would otherwise be approvable at NSC without an adjustment interview. For purposes of the vaccination review, "medically cleared" means the physician must have notated the "Immunization Determination" section of Form I-693: "Applicant is current for recommended age-specific immunizations." If the physician has notated "Applicant is not current for recommended age- specific immunization…" OR if the physician has failed to notate the Immunization Determination section of Form I-693 at all, officers will issue a standard "212(a)(1)(A)(ii)" request for evidence letter. Vaccination Supplement Form The Centers for Disease Control and Prevention is in the process of sending a new form to civil surgeons throughout the country to be used in implementing the new vaccination requirement created by section 341 of IIRAIRA. Beginning May 1, all I-693 forms must be accompanied by a vaccination supplement. The following INS memo discusses this matter: Subject: New Vaccination Requirements Date: April 10, 1997 To: All Regional Directors All District Directors (Including Foreign) All Regional Counsels All District Counsels All OICs (Including Foreign) All Port Directors All Service Center Directors All Training Academies (Glynco and Artesia) This Memorandum addresses section 341 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). Section 341 created a new medical ground of inadmissibility under section 212(a)(1)(A)(ii) of the Act relating to vaccinations, and created new waiver provisions under section 212(g)(2) of the Act. On January 17, 1997, the Service issued a wire on the new vaccination requirements and waiver provisions. (HQ 50/5.12, 96 Act.008). This memorandum supplements and clarifies the instructions provided in the January 17 wire. 1. Applicability. Section 212(a)(1)(A)(ii) of the Act provides that an alien seeking admission as an immigrant or adjustment of status must have received the required vaccinations in order to be admissible. The question of whether the vaccination requirements apply to refugees seeking admission into the United States under section 207 of the Act, however, has yet to be resolved. Until this issue has been resolved, refugees may be admitted into the United States without regard to the vaccination requirements. It should be noted, however, that some refugees may have already received some of the required vaccines. Further guidance on refugees will follow. 2. Required Vaccines. Under section 212(a)(1)(A)(ii) of the Act, the alien must present documentation of vaccination against mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices (ACIP). Because ACIP guidelines also include the varicella, haemophilus influenza type B, and pneurnococcal vaccines, these vaccines will be required in addition to those vaccines specifically named in the statute. 3. Blanket Waivers Under Sections 212(g)(2)(A) and (B) of the Act. As stated in the January 17 wire, blanket waivers have been authorized under section 212(g)(2)(A) and (B) of the Act in cases where: (A) the alien presents documents for those vaccines that were initially lacking; or (B) the civil surgeon or panel physician certifies, in accordance with regulations presented by the Secretary of Health and Human Services (HHS), that the vaccination would not be medically appropriate. Neither a form nor a fee is required. (A) Civil Surgeon's Report as the Basis of Determining Blanket Waiver Eligibility. The alien's medical examination report, Form I-693, must be properly endorsed by the civil surgeon. The Centers for Disease Control and Prevention (CDC) in Atlanta, Georgia, has prepared an addendum to the civil surgeon guidelines, Technical Instructions for the Medical Examination of Aliens in the United States (Technical Instructions). This addendum provides detailed instructions to the civil surgeons on: (1) reviewing the alien's vaccination history; and (2) determining whether a particular vaccination is not medically appropriate. In addition, CDC has created a special supplement to Form I-693, which will be used until the revised I-693 is published. The civil surgeons will use this supplemental form to record the alien's vaccination history. Only civil surgeons may complete Form I-693 and the supplemental form to the I-693 created by CDC. The Service, in turn, will use the certification provided on this supplemental form to determine whether the alien should be granted the blanket waiver under section 212(g)(2)(A) or (B) of the Act, or whether the alien will need to apply for an individual waiver under section 212((g)(2)(C) of the Act for religious/moral reasons. (The section 212(g)(2)(A),(B) and (C) waiver criteria and processes described in the January 17 wire remain unchanged). Item #2 of the supplemental form to the I-693 created by CDC is entitled "Immunization Record." The first block is the "Vaccine History Transferred From a Written Record." The four columns under this "Vaccine History" section will be used by the civil surgeon to record the alien's vaccination history. Civil surgeons have been instructed by CDC to record the date the vaccinations and supplemental boosters (if required) were received, based on the documents supplied by the alien. The second block in item #2 is the "Vaccine Given" block. When the aliena certain vaccine, the civil surgeon may administer that vaccine to the alien, or the alien may receive that vaccine from his or her own private physician. Civil surgeons will complete this "Vaccine Given" block to indicate the date the missing vaccine was administered. The third block in item #2 is "Completed Series of Fully immune (Check if YES or write date of lab test if immune)." Not every line will require an entry. For example, there are three lines for measles, mumps, and rubella. Sometimes one vaccination is given for measles and rubella together or for all three together. In this case, a single entry may be made for the combined vaccinations. If a vaccination requirement has no entry under this column, the alien will require a waiver in order to proceed with the adjustment of status application (see below). If the answer for each vaccine requirement is "yes" or a date is written indicating the lab test if immune, the alien is in compliance and the civil surgeon will check the appropriate box in the "Results" section in item #3 of the supplement. In view of these procedures, Service officers are not likely to encounter many blanket waivers under section 212(g)(2)(A) of the Act. This is because the civil surgeon will endorse the supplement to Form I-693 to reflect that all vaccination records have been reviewed and that: (a) the alien is in full compliance; or (b) the alien lacks certain vaccines because it is not medically appropriate to have them; or (c) the alien has indicated that noncompliance is because of religious/moral reasons. (B) The Missing Vaccination Is Not Medically Appropriate. CDC has determined that a particular vaccination would not be medically appropriate in the following four scenarios: (1) the vaccine is not recommended by the ACIP for the alien's specific age group; (2) the vaccine is medically contraindicated (e.g. allergies to eggs, yeast, hypersensitivity to prior vaccines, and pregnancy, among other medical reasons); (3) the alien has taken the initial vaccine, but is unable to complete the entire series within a reasonable period of time (e.g., the recommended series of hepatitis vaccines may take as long as 6 months to complete); and (4) the medical examination is not being performed during the flu season (this will only apply to the influenza vaccine, as it is generally given only during the fall (flu) season). (Note: this guidance with respect to "not medically appropriate" applies only to medical exams performed by civil surgeons in the United States. CDC is providing separate instructions to panel physicians abroad, based on the special situation encountered overseas.) The fourth block in item #2 of the supplemental form to the I-693 is the "Waiver to be Requested from INS" section, which is entitled "Blanket/Not Medically Appropriate." There are four separate columns in this block: "Not appropriate age," "Contraindication," "Insufficient time interval", and "Not fall (flu) season." (As noted above, the "Not fall (flu) season" column applies only to the influenza vaccination requirement.) If any of these four columns are checked by the civil surgeon, Service officers may grant the alien a waiver for the applicable vaccination under section 212(g)(2)(B) of the Act, pursuant to the blanket waiver procedures described in the January 17 wire. Service officers should note that the civil surgeon will also check the appropriate box in the "Results" section in item #3 of the supplemental form to the I-693. 4. Individual Waivers Under Section 212(g)(2)(C) of the Act for Religious/Moral Reasons. As stated in the January 17 wire, an alien who believes that compliance with the vaccination requirements would be contrary to his or her religious beliefs or moral convictions may apply for a waiver under section 212(g)(2)(C) of the Act, in accordance with regulations promulgated by the Attorney General. Blanket waivers are not authorized under section 212(g)(2)(C) of the Act. When the alien advises the civil surgeon that he or she does not wish to comply with the vaccination requirements because of religious or moral reasons, the civil surgeon will check the appropriate box in the "Results" section in item #3 of the supplemental form to I-693. Aliens seeking a waiver of the vaccination requirements under section 212(g)(2)(C) of the Act must file Form I-601 and pay the required fee. As also stated in the January 17 wire, the Service is still in the process of determining how the waiver requirements under section 212(g)(2)(C) of the Act should be interpreted, as the plain statutory language refers to "religious belief or moral conviction," whereas the language in the accompanying Conference Report is more restrictive, and refers to "an active member of a religious faith…" Additional guidance on this issue is forthcoming; however, until the issue is formally resolved, all waiver applications under section 212(g)(2)(C) of the Act should be referred to HQ Benefits Division, Attention: Sophia Cox, Adjudications Officer, 202-415-5014. 5. Use of the New Supplemental Form to the I-693 for Adjustment of Status Applicants. CDC will mail the addendum to the Technical Instructions and the supplemental form to the I-693 to the civil surgeons during the week of April 8, 1997. Service officers should continue to accept Forms I-693 dated and signed by the civil surgeon during the period between September 30, 1996, and May 1, 1997, based on the certification provided by the civil surgeon on that form. If the civil surgeon has medically cleared the alien for adjustment of status, the adjustment application may be approved if the alien is otherwise admissible. If, however, the civil surgeon specifically notes on Form I-693 that the alien lacks the required vaccines, then the alien would not be medically cleared for adjustment of status and Form I-693 should be returned to the alien with instructions to return to the civil surgeon for the required vaccination assessment. All Forms I-693 dated and signed by the civil surgeon after May 1, 1997, that are not accompanied by CDC's vaccination supplement should be returned to the alien. The alien should be instructed to return to the civil surgeon for the required vaccination assessment. HQ will advise the field of any subsequent changes in these transition dates. 6. Immigrant Visa Applicants. CDC has prepared separate medical guidance for the panel physicians, and a special supplement to the medical report issued overseas, Form OF-157. DOS will have panel physicians transition to the use of the new Addendum in May or June, depending on when the instructions reach them. As stated in the January 17 wire, the Service will not readjudicate the decision of the consular officer to issue the immigrant visa, and will accept the medical findings of the panel physician as evidence that the alien has been medically cleared for an immigrant visa. In all cases, Service officers at the Port-of-Entry should continue to rely on the medical report accompanying the immigrant visa. In accordance with established procedures, any alien who appears to the inspecting officer to be inadmissible on any medical-related ground described in 212(a)(1)(A) of the Act should be referred to the U.S. Public Health Service. 7. This Memorandum has the concurrence of HQ Office of Field Operations. 8. If there are any additional questions, contact Sophia Cox, Adjudications Officer, Headquarters Benefits Division, at 202-514-5014. Paul W. Virtue Acting Executive Associate Commissioner Programs ------------- Assuming you have all the paper work, there's not much to be worried about at the US Conulate in London. I had my K1 visa approved on 30th Oct 96 (and flew to the US on 31st!). You'll get your medical, you'll be asked if you have met in the last 2 years, asked for affadavit of support or some other evidence of support. I dont think I was asked for photographs, court record (I had speeding offences *grin* - and admitted to them on the form). Never withhold anything, they'll catch you out eventually. And after the interview, you'll be told to go back to the embassy at about 2pm and you'll be given your visa. That's what happened to me anyway. Regards Nigel --------- Part 1. There are a lot of questions about the K-1 fiance(e) visa asked in alt.visa.us which come up over and over again. This will try and answer most of the popular ones. This part of the FAQ will answer questions as far as obtaining a K-1 visa. Part 2 answers questions about after the visa is obtained. Also, at the bottom, there is a list of references which maybe useful. -------------------------------------------------------- You can email nigel@nelgin.psyberlink.net (Nigel Reed) with any questions regarding this FAQ, or if you want to submit new information, changes etc. -------------------------------------------------------- I must thank Dale M. Schwartz, an immigration attorney from Atlanta and regular contributor in the alt.visa.us newsgroup for looking over the FAQ and ensuring the content is both factual and up to date. Finally, thanks to the people on alt.visa.us newsgroup for their help in answering questions and additional material. -------------------------------------------------------- Any dates and times in this FAQ are from my experience (unless stated otherwise). The Dallas Service Center was used, as well as the US Consulate in London. All paper- work was done from July 96 onwards. -------------------------------------------------------- For ease of use, we shall assume the US citizen is female and the alien is male. -------------------------------------------------------- Q: I am a US Citizen and wish to marry my fiance in the US. What visa will he need. A: Your fiance will require a K-1 visa. Q: My fiance is currently in the US, can we obtain a K-1 visa in the US? A: No, K-1 visa's allow the fiance into the US for the specific purpose of marriage. They can only be obtained outside the US. Q: Is the K-1 visa an immigrant visa? A: Although you have to go through an immigrant process, the K-1 visa is a non-immigrant visa. Q: Will I benifit from the help of a lawyer or attorney when filling out the forms? A: As long as you can read and write English, you should be able to fill out the application without assistance. If you do not speak or write English, you will need to have a competant translater fill in the forms on your behalf. My wife and I managed to get through the whole visa process without any help other than having a few questions answered in the newsgroups. Q: Who has to file a petition for a K-1 visa? A: You can file if you a US citizen and both you and your fiance are both free to marry and have met within 2 years of filing and that you intend to marry with in 90 days of your fiance arriving in the US Q: What if we have not met within the last 2 years ? A: If you were unable to meet due to religous practices or it would result in extreme hardship you may still be able to petition for a K-1 visa. Q: Where do I get forms from? A: There are several sources. You can visit your loacl INS office in person. They often have forms available. You can telephone the INS Forms line 1-800 870 3676 which has information in English and Spanish. You can download some forms from the WWW. (See bottom) Q: How do I find out the address and telephone number of my local INS office? A: In the telephone book, under US Government Offices, Department of Justice you will find INS or Immigration and Naturlization Service. If the address is not listed, call the telephone number. A computerized system will guide you. Q: What forms and document must I file to petition for a K-1 visa? A: There is a long list but generally you will need to prove citizenship (Birth certificate, Certificate of Naturlization, form FS-240). Documents to prove you are free to marry (proof of concent to marry, proof previous marriages ended legally - divorce decree, certificate of death). You will also need an INS approved photograph, one each, taken within 30 days of the petition. Form I-129F (petition for alien fiance) and form G-325A (biographic details) again, one each. Q: How much does it cost to petition for a K-1 visa? A: The cost at the time of writing is $75 Q: Where do I file a petition for a K-1 visa? A: File at the INS Regional Service Center which has jurisdiction over the area where you live. Outside of the US you should contact the nearest US Consulate who can give you details. Q: How will I know that my petition is being processed? A: You will receive form I-797C - Notice of Action- which will say that your application has been received and will tell you how long it takes to process. Q: How will I know when my petition is approved? A: INS will send you form I-797 - Notice of Action - which will hopefully say the petition is approved and that documents will be forward to the consulate specified in form I-129F. Q: My fiance would like a different consulate than the one specified in I-129F to process his visa, is it too late? A: No it isn't. Your fiance can contact the US Consulate and request they forward the petition to another Consulate. The petitioner can also file a form with the INS Regional Service Center to request the petition is sent to another consulate. Q: How long will it take for my fiance to hear from his consulate? A: It takes about 30 days or so for the paperwork to get the consulate. Q: What happens when the paperwork gets to my fiance's consulate? A: The consulate will send out some forms (UK/85 in the United Kingdom). This contains forms OF-230 I (biographic details), OF-156 (Nonimmigrant visa application) and Suppliment to OF-156. A list of documents your fiance will need for the consulate interview are Passport, valid for at least 6 months. Make sure you have a couple of spare pages. The visa takes up a whole page. Birth certificate or adoption certificate. The British "short form" is not acceptable. UK/85 pack will include details Two INS approved photographs. Evidence of support. (Form I-134) If applicable deed poll, marriage certificate for prior marriages, divorce decree or death certificate to prove prior marriages have ended, police certificate (not required for UK), court record, military record and translations. Q: What is "evidence of support"? A: As explained on form OF-167. Basically the fiance will need to prove he will not become a public charge in the US. This can be done with proof that he has funds, or will have funds in the US to support himself and dependants until suitable employment can tbe found, that the applicant has pre-arranged employment in the US or that relatives or friends will ensure support. The OF-167 form explains all the possibilities Q: What is an affadavit of support? A: Form I-134 can be filled in by a person in the US who wishes to sponser your fiance. The petitioning US citizen is usually a good choice. Your fiance will need to submit this at the Consulate so ensure he has it before the interview. Q: Will my fiance need to pay a fee? A: The non-immigrant part of the visa carries a fee of $20. This will be payable in local currency. In the UK this is £13.75 and needs to be pre-paid. Details will be enclosed with the forms that will be sent from the US Consulate. Q: How long does it take the consulate to process the application? A: Your fiance will hear again from the consulate for an interview and medical after about 30 days or so. In the UK these are performed on the same day. Q: Can any doctor perform the medical? A: Only approved physicians can carry out the INS medical. You will be told which one to go to in the "Final processing" form. Q: Is there a cost for an INS medical? A: In the UK, at time of writing, the medical costs £65 and is payable in cash only. Q: What tests are done, and questions asked for the medical? A: You will be given a blood test, chest X-ray and an examination by a doctor to check your heart blood pressure and ask a few questions. You will be given a form by the consulate to complete which asks questions if you have had any of the following - tuberculosis, pleurisy or other lung or chest trouble, tests or treatment for nervous, mental or emotional conditions including depression, drug or alcohol addiction, blood test or treatment for syphillis, leprosy, admission to hospital, clinic or special school, treatment or any physical or mental condition, medical rejection or dischage from military service, mental conditions which may interfere with your ability to earn a living or if you're currently taking medication oýÿÿÿ !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxyz{|}~r been refused a visa or permit to visit the US. Q: At the interview what will my fiance be asked? A: He will be ask questions by the consular official that will satisfy him the marriage is genuine. How you met, what job you do, your parents names, and will possibly ask for photographs and/or correspondance between the two of you. Dont be afraid to say you met over the internet! That's how I met my wife! Q: How soon will my fiance know when the visa has been approved. A: The INS official will probably tell him at the end of the interview. He maybe required to submit more information. If approved, the visa will be issued the same day (In the UK) Q: Once he has the K-1 visa, how long does my fiance have to enter to the US. A: From the day the visa is issued, he has 120 days to enter the US. If he does not, the visa will expire. Q: Any final points about the paperwork I should know? A: Yes - photocopy EVERYTHING! At least 2 copies. One for your records and one for the INS. Some document not to be photocopied, Certificate of Naturlization or Citizenship for example. Submit all paperwork with a copy otherwise INS may keep the original for their files. Q: Where can I find out information on the internet? A: The following are a list of resources which maybe able to answer more of your questions. Newsgroups ---------- alt.visa.us alt.immigration.usa Web sites --------- http://www.immigration.com Law Offices of Rajiv S. Khanna. Excellent resource for INS waiting times, consulate and INS office details, visa bulletins and much more. http://www.usdoj.gov/ins US Department of Justice INS Site. Some interesting information, but very light when it comes to more in-depth information needs. http://www.cris.com/~rysse/immigrat.shtml Mathias recounts his experience obtaining a K-1 visa. Good basic information. http://www.lebanon.com/immigration/nasrallah/immigration.htm Law Offices of Faud B. Nasrallah. Has a list of US Embassies and Consulates around the world plus a list of all INS offices in the US. -------------- > It's great to actually hear from someone who has been through this in > London. There's quite a few of us who look in on the visa newsgroups occasionally. > > I had my K1 visa approved on 30th Oct 96 (and flew to the US on > > 31st!). > > > > You'll get your medical, you'll be asked if you have met in the last 2 > > years, asked for affadavit of support or some other evidence of > > support. > > My fiance is going to fill this with work details, whic I assume will be > sufficient. OKey, I guess she'll be filing the I-129F and the G-325A (Biographic details). Depending where she files, it'll take about 30 days to get an approval. She should get 2 forms, both I-797's (If I remember correctly). The first will say the petition has been received and should say how long the time to a decision will be. The 2nd I-797 will be the approval notice (hopefully). Next, the files will be sent the US. You'll need the affadavit of support - It's best to get one of these, as well as information from her work, on company headed notepaper, saying she's got a permanent job, how much she earns etc. Also, collect photographs, itemised telephone bills, letters and the like. You'll be send a package, UK85 it's called I think, which requests you to collect the required paperwork, tick each item (There's no tick-box, but tick anyway or it'll be returned). After that is returned and you've been checked out, you'll be invited for an appointment at the US Embassy. It's easy to find if you dont know London too well. You'll probably go for a medical. The Dr (Dr Philben I think it was or something like that) is 5 minute walk from Marble Arch tube. You'll have a blood test, Xray, and exam by a doctor and some simple questions. You'll be given your Xray to take to the embassy, about 10 mins walk from the doctors office. There you hand in the rest of your paperwork. You will need to pay the 13.75 for a non-immigrant visa processing fee. This needs to be paid in advance at a Barkelys Bank, in cash. Of, the medical fee is also cash only. Anyway - after the interview they'll tell you there and then that you've been approved. It is critical that you have a way to prove you've met within the last 2 years. Old airline tickets are good, receipts from places you've been together at the same time during the visit will also help, recent photographs together etc. > > I dont think I was asked for photographs, court record (I had > > speeding offences *grin* - and admitted to them on the form). > > On the paperwork they sent I have to send in photos, criminal record (or > statement of no criminal record in my case), long birth certificate + forms > before hand. But I have them all ready, just waiting for my fiance to file > in the States. I can't remember what exactly your fiance will need to file, but I'm sure she will need something from you, I can check that tomorrow, but all the instructions will be with the I-129F form. > > Never > > withhold anything, they'll catch you out eventually. And after the > > interview, you'll be told to go back to the embassy at about 2pm and > > you'll be given your visa. > > Really!!! I thought it was a month or so after your interview! No, I dont think it takes that long in the UK. > When did you go through the process? > > How long did it take from your fiance filing in the states until your > interview and visa issue? My wife applied for the petition in July, and I got the visa at the end of October. The original appointment with the US Embassy was for the 12th November, but our wedding was all arranged for the 9th!! I called the embassy and they were really good and re-arranged the date. You shouldn't make definate plans, but if everything is arranged, and you can prove the date of a marriage - they *might* re-arrange it, but I wouldn't trust it. I've started to write a K-1 visa FAQ, I've attached it, let me know what you think. Regards Nigel ---------------- Affidavits of Support Required for Family-Sponsored Immigrants Most family-sponsored immigrants must have an enforceable, legally binding affidavit of support -- a contract agreeing to provide financial support -- to be admitted. The affidavit of support, which was not legally binding on the sponsor of an immigrant in the past, will be legally enforceable 60 days after publication of the regulation in the Federal Register. The 96 Act affidavit of support includes minimum income requirements for the sponsor, and generally requires that the sponsor of the immigrant also be the person petitioning on the immigrant's behalf. --------------- Proof of Vaccinations Under the 96 Act, aliens seeking to immigrate permanently are inadmissible unless they have been vaccinated against mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices. This provision took effect September 30, 1996. ---------- Subject: Re: UK/US Citizen Marriage. Help Please Date: Mon, 28 Apr 1997 09:33:16 -0700 From: Jonathan McNeil Wong Organization: Donahue, Gallagher, Woods & Wood Newsgroups: alt.visa.us References: 1 , 2 , 3 , 4 James Willis wrote: > > Matt Cleary wrote: > > > > In article ?@?.? "?" writes: > > > > Whichever of you moves, the other will have to prove to the authorities > > > that accommodation and financial support are available as the immigrant > > > will have no access to "public funds", ie housing benefit, income > > > support (or equivalent) > > > > Can someone give me more information about this in particular? As > > my G/F is still in collage, and wouldn't really be able to support > > me if I didn't get a job (This isn't a big problem, as I believe a > > job will be waiting for me) Could parents of the US citzen offer their > > support "Officially" at least? > > I phoned the London US embassy after reading new(ish) legislation that > stated something like this "In most cases Affadavit Of Support must be > provided by the person submitting the petion on behalf of the immigrant" > that means your fiance. The woman said that yes it is best. My fiance > has just started work so I'm not sure how that will be seen. The US > immigration woman said just get both, because at the end of the day it's > up to the interviewing immigration officer. > > James Willis > The above may not be the view of Pioneer LDCE For the I-129F, if you have a job offer from a U.S. employer that is firm, you don't need an affidavit of support from the U.S. fiance. However, once you are married and apply for adjustment, the U.S. citizen spouse *must* execute an affidavit of support even if you have a job offer and are self-supporting. This is to make the U.S. citizen spouse liable for reimbursement should you receive public assistance for the five years after you adjust. -- Above intended as general commentary, not specific legal advice. Your mileage may vary. -------------------- Subject: K-1 Progress at TSC-timetable so far Date: Thu, 08 May 1997 22:47:58 GMT From: BCL3336@garnet.acns.fsu.edu (Claire A. LeBlanc) Organization: Florida State University Newsgroups: alt.visa.us Hi all, I finally got some good news today when I called the TSC (which is an adventure in itself) so I thought I'd share my timetable so far for anyone else who's going through the K-1 process. March 17th - Sent in I-129F and the rest of it first class mail, not registered April 3rd - Received Notice of Receipt and request for additional info (proof of relationship stuff, and they asked me AGAIN if I've been married before even though it was on the original application, strange) April 7th - Sent out additional info requested May 7th - Petition approved and sent on to Stockholm US Embassy They told me on the phone today that it can take anywhere from 2-6 weeks for the paperwork to get to Stockholm. I'm hoping for the lower-end figure!! My only complaint so far -- I just wish that if they want the proof-of-relationship stuff from everyone, they would make it part of the petition package to begin with! As it stands now, it just holds up the process. Good luck to everyone, Claire ----------------- Subject: Re: Question: marriage on tourist visa? Date: Sun, 11 May 1997 16:07:43 GMT From: peter_dampier@bigfoot.com (Peter Dampier) Organization: None Newsgroups: misc.immigration.usa References: 1 , 2 , 3 , 4 , 5 On Sat, 10 May 1997 12:26:08 +0100, James Willis wrote: >> 1) Do you know if the 90-day period within which to get married >> begins from the day the embassy issues the visa or from the day the >> fiancee actually "uses" is to cross the border. And if the latter is >> true, could the fiancee hold onto the k-1 visa for an uspecified >> length of time before actually "using" it to cross the border. >> > >The 90 days starts when she gets her stamp at the border, BUT beware, if >she is intending to work before you are married she MUST get her work >authorisation at point and time of entry! Also, due to the status Not always... I had heard this and at Chicago airport they refused to issue work authorisation saying the local INS had to do it. I was worried as I'd also heard that if the airport ppl don't do it you were stuck.... I argued for hours at the airport that they had toooo (even showed the evidence that it was done for someone else at Newark airport etc) any way... they didn't... I left feeling physically ill that I wouldn't be able to work.... Went to the local INS office.. filled in a I765 and they gave me a 90 day work permint there and then. Once we were married... went there again with the I485 and another I765 and they extened my work permit for a year until the GC comes through in 6 months from the I485... >adjustment after marriage taking towards 90 days, you have to be careful >that her right to work doesn't expire. A lot of people find that they >marry almost immediately so that they can file for status adjustment >without a break in right to work. I believe that you can apply for an >extension of work rightsto avoid this. Yes... Can get an extension when you file the I485. -------------- In response to all the inquiries I've gotten, I made up a text file detailing our experience with the K-1 visa. I hope it is helpful, as I say in the text, if this doesn't answer all of your questions, just mail me the specific questions, I will do what I can to answer. Our Story: By Tom The Players: Tom (me, a Midwestern American citizen) Daina, a beautiful Lithuanian citizen Sorry to be sending you all a form letter, but I have been overwhelmed by requests for information. If this is more than you asked for, I'm sorry, if not enough, direct specific questions back to me. OK, first the disclaimer: This is my experience only! You situation will surely be different! Do your own research, don't take my word for it! Don't be sending this message to the INS or embassy saying "you did it for him!!", that won't get you too far, and I won't like you if you make me an enemy to the INS! So, that being said, read on if you care to. The story starts early spring of '96, when a friend of mine at work asks me if I would like to correspond with his Lithuanian wife's' niece. He said she wanted to write to someone to help her improve her English, and to have someone to talk to, she had just been through a bad divorce (or maybe I should say a bad marriage, and a good divorce!). I agreed, and we started writing, exchanging pictures, etc. Being single, and doing OK financially, and having never been outside the US, decided to go visit her in Lithuania. I went to Lithuania from the 29th of December until the 7th of January, 1997. While there, we really hit it off, and I proposed to her before leaving, she accepted. I got back to the states, not knowing what lie ahead. I need to say, I did have the assistance of this friend of mine from work through this whole process, as he had to go through the same thing 3 years before, with my fiancee's aunt, this was a lot of help, although some things had changed (mainly the prices!). The day after I got back, I went to the local INS office here in town, and picked up the forms and instructions associated with the I-129F (petition for an alien fiancee visa). I express mailed the biographic information worksheet (form G-325) to Daina, along with some brief instructions. Daina had the form back to me, along with certified copies of her Divorce Certificate (English and Lithuanian, all forms and documents submitted to the INS or Embassy must have the original, and a certified translation), and a certified copy of her birth certificate(again, in both languages), this was not asked for by the INS, but I sent it anyway. By the first week of February, I had all the paperwork ready to go to the INS. I sent the following: REQUIRED DOCUMENTS: 1. Biographic Information (G-325) for both her and I 2. Form I-129F (petition for alien fiancee) 3. Certified copy of my birth certificate (from Division of Vital Statistics, in the county where I was born). 4. Certified copies of both our divorce certificates (obviously not necessary if you have not been married before). 5. Individual photos of us, taken as per instructions with I-129F. 6. Most importantly, a money order for the $75 dollar fee!! Things I sent that were not required: 1. Copy of Daina's birth certificate 2. Picture of her and I together from my trip. 3. Affidavit of Support (I-134, but this is changing soon) 4. Cover letter telling about our meeting, and the documents I sent (Plus a little kissing up, it never hurts!) Some tips about the paperwork: Fill in ALL blanks! If the answer is "None", say so (Such as names of previous spouses, etc., if the blank does not apply, say so with "N/A" or "Not Applicable", for some reason, they don't like empty spaces. There are some exceptions, of course, you will have to use your judgment. In our case, my fiancee wanted to bring her 5 year old daughter Greta) with her, so we named her on the petition also, you will see the place for this if it applies to you. I organized all the documents in a divided folder, making it real easy to locate stuff. I don't know if this helped, but I didn't see that it would hurt. I mailed everything off to the INS, overnight delivery on about the 8th or 9th of Feb. I received the receipt letter from the INS on the 13th of February, stating that they had received my petition. The letter stated that the current processing time was 10-40 days. I started calling the automated information service after about a week. You can call in, enter the receipt number, and get automated status information (basically, it tells you whether it's in process, or approved). I think I called about the 28th of February, to get the message "your petition was approved on the 27th of February", I was surprised it was so quick. I think this depends a lot on the service center you deal with, I was dealing with Nebraska. Of course, you don't have a choice on where you file, it's a matter of where you live. You can also file all this information with the Consulate (embassy) where your fiancee lives, but I wouldn't unless you can do it in person, like if you were there visiting them. There is a blank on the I-129F form for where to have your approved petition sent. This may or may not be the embassy where your fiancee lives. Some embassies do not process immigrant or K-1 (fiancee) visas, you will need to find this out. In our case, the closest embassy that could process Daina's visa was Warsaw, Poland, so I put that on the I-129F (line 20). If you don't put the right embassy in there, the INS has to figure out where it's supposed to go, and I've heard horror stories of paperwork going to the wrong embassy, then the petitioner has to fill out more forms, and pay more money, to have duplicate approval sent to the right embassy. On that subject, I found out too late that I could have speeded up the time from the I-129F approval, to the time the embassy receives notification. You can file a form I-824 (Application for action on an approved petition, $30 fee), right along with the I-129F. Give a brief description of why your doing this in a cover letter. The purpose of this form is to tell the INS to WIRE the approval notification to the embassy, instead of sending by their usual route, diplomatic pouch. In our case, that process took a full month! I'm not sure the embassy will assign an interview date until the actual packet arrives, by mail, but they will assign a case number, and send the first mailing to your fiancee. Ok, now to back-track a bit. During the time I was waiting for the I-129F to get approved, I started contacting the Lithuanian Embassy. The consular there was even nice enough to give me her E-mail address, but don't count on that from too many of them. Most will tell you the E-mail is for inter-office communication only (such was the case with Warsaw). I also communicated with faxes (they all will receive these). I requested that the Lithuanian embassy send my fiancee a listing of the documents she would need for her interview, and they grudging obliged. So now my fiancee was able to start gathering documents before the embassy even knew about us. Some of the items that can take a little time are: Letter from local police department, stating your not a know criminal, etc. Official copies of Birth Certificate, affidavit of support from petitioner (me). Evidence of a relationship and meeting in person, she had my letters, copies of my phone bills, pictures of us together, etc. Some other items you can use are canceled ticket stubs from when you met, things such as this. And of course, a valid passport. Don't forget, anything that is in a language other than English, must be translated. After I knew that the I-129F had been approved, I stated working on Warsaw. I got their fax and voice numbers from the Lithuanian embassy. I didn't get to far with Warsaw until they received our approved petition, without a case number, they really don't pay you much attention (my experience). By the time Warsaw acknowledged they had our paperwork, my fiancee was ready for the interview. I tried to get them to set an appointment date, just on my say-so that she was ready, but they didn't seem to want to do that. They had sent out the first packet to my fiancee at this time, and that took 10 days to get there (400 Km, 10 days, and I thought the United States Postal service was bad!). In the mean time, I told Daina to fax in her "I have all documents ready for the interview" form that comes with the first packet, to the embassy, the same day she received it, she did just that. The next day I called to Warsaw, and was pleasantly surprised to actually be able to set up the interview date for my fiancee! I set the date for the 22nd of April, a Tuesday, knowing that my fiancee would have to have a day before the interview to go to the doctors for her medical exams (full physical, blood tests, and chest X-ray). A couple of days later, I called and moved the date to the 23rd, we were worried that all the medical test results might not be ready by the following morning. So now we had an interview date! With around two weeks until the interview, we were sweating whether or not the second packet would get to her in time, but it arrived about 1 week prior to the interview. The second packet contains the appointment date, where and when to show up, and a list of doctors who will conduct the medical exam. Daina called to the doctors offices, and set up appointments. Soon it was time for Daina (and Greta), to travel to Warsaw. They arrived Monday morning, 2 days before interview. They breezed through the medical exams (Greta, being only 5, didn't need to have chest X-ray, but had to have all other test), and they had the results by the end of the day! So on Tuesday, they didn't have anything to do, but go out an act like tourists. Wednesday the 23rd arrived, and they showed up at the embassy (Greta didn't need to be present for the interview, but since they were away from their home, she went with). This is all third person of course, I wasn't there, but according to Daina, the interview was very brief. The main questions were: "How long have you know him?" "Have you met in person?" "What is your proof that you have met?" (she showed the interviewer our photographs). And, when did she plan to travel to the US. I'm sure there was more, but I wasn't too concerned with hashing it over, I was just elated that it went OK. When Daina and Greta left the embassy, they both had visa stamps in their passports! I know I made this sound simple, and painless, but it really wasn't. There was a lot of frustration and work involved. I sent many faxes to Warsaw that were never answered, the only way I really got any answers was by calling. The pain with this was the 8 hour time difference, I had to wake at 4am to start calling. I say start because it would take over an hour to get through sometimes, always busy! Persistence paid off most of the time, if I tried long enough, I could get through. Getting through didn't guarantee anything, I got everything from attitudes like "I wish you would not bother me" to "It's my job to help you", it's a crap shoot, you never know who you will get, especially in the larger embassies. I'm not sure, but I think it's the policy of the embassies to not give you the name of the person helping you (or not helping as the case may be), maybe a terrorism thing, I don't know. I could be wrong, it won't hurt to ask, that way, if you find someone who is helpful, you can try to get them again. All this time too, I was browsing the Internet, looking for answers to some of my questions, and posting to the two visa/immigrant related newsgroups. One of the more helpful Internet sites is the State Departments Visa Site: http://.travel.state.gov Lots of good up to date info here, if you have Internet service, check it out. I guess that pretty much covers it, start to finish. Of course there will be more paperwork to do once they get here. We will have to apply for change of status (I-485), to get them both green cards, once we are married. We plan to wed very soon after she is here, so we can start the rest of the paperwork, and so I can insure them with my employer, etc. Just a courthouse deal at first, with a church wedding planned at a later date. They are booked on a flight the second week in May, I'm counting down the days!! I hope I've answered some of your questions here, you can mail me with any specifics you may have, I'll do my best to answer. Keep in mind I will have more important things to do once she gets here, so it may take me a bit of time to reply :) Good luck, and keep the patience handy, you'll need it! Sincerely, Thomas DeSmit tdesmit@feist.com ----------------- Subject: Re: Help with K-1 Questions! Thanks in Advance! Date: Wed, 14 May 1997 03:31:17 GMT From: peter_dampier@bigfoot.com (Peter Dampier) Organization: None Newsgroups: misc.immigration.usa References: 1 , 2 On Mon, 12 May 1997 11:59:23 +0100, James Willis wrote: >I would make two points. If you have the affadavit of support finished, >then photocopy it and send it with you application to your regional INS >office. But send the original to your fiancee to take with her to her >interview. Also the forms do not request you send prrof of relationship, >but you will get a shock when they turn round and ask you for it 2 weeks >after you have applied. So just in case, send photos of the two of you >together, phone bills, letters, and plane tickets. They never needed these when we filed our original I129F... But you make a valid point. What amazes me generally is the differences in apparent policy on these forms between diffrent INS offices and different ports of entry etc.... >The other thing for your fiancee to do is phone the US embassy in London >and ask them for the UK85 pack for a K-1 visa application. This includes Excellent advice... Doing this NOW means your fiancee can gather all this information NOW rather than only starting it in 4-6 weeks time when London will write to him... >all the forms she must fill out, AND all the documents required. These >are as I remember: > >Long Form Birth Certificate >Police Record (Whether you have one or not. This can take 40 days to >get!) Again this is odd. I didn'nt need to provide London with this. But people who filed just after me did. The policy must have changed recently. When I filed mine the Embassy in London did the research into my police record for me... >Court Record (if applicable) >Divorce Record (if applicable) >Military Record (If applicable) >Adoption certificate (If applicable) >Passport >Affadavit of support >Marriage certificate (for prior marriages if applicable) >2 color photographs > >You can ask for this pack before you have filed in the States, they will >quite happily send it out. But she cannot ask for an interview until she >has all of the above documents. Yup. ----------------- Subject: Re: UK to the US Date: Fri, 23 May 1997 15:35:47 -0400 From: Catherine Chant Organization: Boston College To: Matt@mcleary.demon.co.uk Newsgroups: alt.visa.us References: 1 Matt Cleary wrote: > > Hi all, > I have a couple of questions for the gurus > out there, and any sort of response is greatly > appreciated. > My husband (also a Matt from the UK) and I did the K-1 thing in 1994 so I'll try to answer your questions if I can. > Brief run-down.... > > Currently, I'm at the first stages of getting a > K-1 visa, so I can go and marry my Girlfriend > who lives in the States (Texas) She got the form > kit from the INS, and sent me the Bio form I had > to fit in - I completed that and got the photos > done etc. > > Question #1. How long on average before we should > expect the reply? This part of the process, the petition for the K-1, is usually pretty quick. We got a response in two weeks. After that, your file is send to the consulate in London and then they have to contact you. That is usually what takes the longest. Then depending on how fast you can gather the forms the consulate asks for, that also determines how long things take. I filed the K-1 March 5, my husband (then fiance) had his visa on May 16. > > Next, the pure speculation aspect.... > > In 3 weeks, my G/F is coming here to the UK, for > a 3 week visit. > > Question #2. Whats to stop me going back with her, > on the visitors visa and getting married within the > 3 months I have? > This would be visa fraud. If INS suspects that you intended to get married when you entered on a tourist visa they will boot your butt outta town. :) We didn't want to chance anything going wrong so we followed the proper procedures, did the K-1 and had no problems at all. > Question #3. If I did this, would the Us kick me out > after 3 months, or can I work it out while staying > there?? If you got married in the states and they didn't think you commited fraud, your fiance would file form I-130 I believe and I don't think you have to leave while this is processed, but we didn't go this route so I don't have any more info that that. > > Question #4. How long would this take? From getting > married, to being able to work etc. (My G/F's family > would give me room and board until I can start work) > When you get the K-1 visa and enter the US, you are allowed to work from that moment on provided you get a work permit. My husband was fortunate in that the immigration people at the Boston airport was able to give him a work permit when he got off the plane. Not all places do this and some places that do do it won't unless you ASK for it, so ask for it. Otherwise, you have to fill out a form with INS when you get there and it can take a few weeks to be approved. > If this is a frowned upon method, please tell me - And > I'll stop trying to think of ways to get this to work > > Thanks in advance, > Matt Good luck! Cathy (and Matt) -------------- Subject: Re: K-1 Visa / Employment Authorization Question Date: Mon, 26 May 1997 13:02:44 -0500 From: Jason Hobbs To: pioneer.laserdisc@dial.pipex.com References: 1 , 2 James Willis wrote: > Well as far as I know, you can work as long as one or the other of your > certificate's is valid. If your I-94 expires before the new work > authorisation comes through you have to stop work (or you will be > working illegally). > > Can I throw back a question at you. I am also in the UK, and applying > for a K-1. We got the OK from the US INS last week. How long did it take > for you to get your appointment at the US embassy in London after that? > I alread have all my forms and documents ready, so it is just a case of > getting an appointment now. Any help would be great, thanks, > > James Willis I'll give you a rough timescale of how things went for me (There was a delay of about a month though for me because I had to wait over christmas for my police record to come through, which took about 40 days) (In US) End of November - Received fiance visa petition approved by INS (They sent me a big pacakage telling me what documents I needed - I presume this is where you are now) (Back in UK) December 13 - This is when I sent off for things like police record etc. Sent off filled-in applications/documents saying that I had collected all the necessary stuff. End of Jan - I got my police record through the mail. (Make sure you have this... It takes a while. First Couple of weeks in Feb. - Visa appointment scheduled for Feb 27th. (They will issue your visa there and then, and it is valid from that point forward.) I dropped a couple of weeks here and there while I gathered stuff up and waited around for things, but if you already have all of your stuff, you should be able to take, say, two weeks off this time. Plus the fact that I was applying over Christmas, so I guess you could say that from the time you send off your stuff to US Embassy, It will take around tweo months at the most. There is a number you can call in London to find out where your application is exactly, and if they have given you an appointment date yet. The number is (0171) 499 6846. I don't think theythis number much, but it's still quite a busy line. Best time to call is at 8 in the morning, as soon as the line opens. Well, I hope this has been some help. Sorry I can't do more. But don't worry. It doesn't take too long. Jason Hobbs. ================== Subject: Re: I 485 and Vaccination Certification ( not Vermont) Date: 30 May 1997 23:21:13 GMT From: phaniraj@plains.nodak.edu (V. Phaniraj) Organization: North Dakota Higher Education Network Newsgroups: alt.visa.us, misc.immigration.usa References: 1 >Is Vermont enforcing vaccination requirements for medical exams conducted >before May 1 and I 485s submitted before May 1. Any info would be appreciated >> >Also some doctors recommend the damned Hepatitis B shots and some don't. >I would like to get more info from people who have gone through this. I had received a "Request for Evidence" from INS based on my doctor marking the "Not Current" box in my original form I-693. Today I went to the doctor to complete the immunizations. and had a pleasant surprise. Basically, in many cases, there won't be too many shots required. The form I-693 supplement ( Documentation of Immunization) has these vaccines listed ( any typos are mine, am copying this from the form) (1) DT/DTP (Diptheria/Purtussis) (2) Td ( Tetanus/Diptheria) (3) Polio (4,5,6) MMR -- Measles/Mumps//Rubella (7) Hib ( Influenza) (8) Hepatitis B (9) Varicella (10) Pneumococcal (11) Influenza ( The first 8 are based on the CDC requirements, and the last 3 are the current AICP list ; more vaccines could be added to this category later) Basically the doctor has to certify that you had shots for each of these, or you get a waiver for each one individually, based on the one of the following criteria that's listed on the form. ( There are blanket waivers available for religious reasons too) (a) Not Appropriate Age, (b) Contra-Indication ( allergy etc) (c) Insufficient Time to complete Series (d) Not fall ( flu) season INS provides the doctors with a rather elaborate table of what's the appropriate age, etc for each of these vaccines. In my case ( age group 18-65 in INS terms) DTP, Polio, Hib, Hepatitis B, and Pneumococcal were waived for age reasons, Influenza for not the right season, and Varicella ( since I had once had chicken pox). Most people adjusting in employment based categories I imagine would receive waivers on the same basis as the ones I got, since they're mostly age-based. I just had to get MMR and Tetanus shots, and then the doctor signed "Vaccine history complete for each vaccine, all requirements met". As far as I can tell, the tables listing the specific age groups, contra-indications, etc are not on the net, though the URL http://www.visalaw.com/docs/vaccinations.txt does mention the tables, but does not have their full text. Perhaps someone could make a copy while at the doctors, and post it on the net. Hope this helps others in this situation Raj -- ========== Subject: K-1 Visa Experience Date: 8 Jun 1997 15:50:28 GMT From: thenewt@use.usit.net (##Make Nylander) Organization: United States Internet, Inc. Newsgroups: alt.visa.us Here's our successful K1 visa story. Some of our experiences differ from advice often given in this newsgroup, so maybe this'll provide some additional information. My US citizen fiancee filed my fiance visa petition I-129F on Nov 25 '96 in the INS Texas Service Center. We received an approval from the INS on Dec 15 '96. I spent a month in the US on a tourist visa while the I-129F was being processed (no problems at the passport inspection). I received the visa package from the US consulate in Finland on Jan 10 '97. I had my visa interview on Feb 6 '97. My visa petition was almost denied because my fiancee, who had signed the Affidavit of Support was temporarily between jobs and was making only $15,000/year. However, our resumes and her IRS tax return forms from previous years convinced the consular officer that I would not become a public charge in the US, and I was granted the K1 visa. I arrived in the US on March 6 '97 at Washington Dulles airport. I received a temporary 90-day work permit (I-688B) at the INS inspection at the airport. We got our marriage license from a county clerk's office at East Towne Mall in Knoxville, TN, (in 15 minutes -- talk about good service!) and got married on Mar 17. We filed my Adjustment of Status I-485 the next week. The instructions we received said that the INS office in Memphis, TN was accepting I-485s only by mail, no phone number was included. Shortly after my arrival in Tennessee, I applied for a Social Security card, which arrived in due time with text "Valid for employment only with INS authorization". Tennessee does not require a SSN for driver license, my passport was sufficient proof of identity. The temporary work permit proved to be pretty worthless in trying to find employment ("do you have a green card?" "no, but..." "thanks, we'll call you back *click*"). None of the potential employers and contract agencies had a clue what a fiance visa is, even my present employer had to consult an immigration attorney before hiring me. My I-485 application was returned TWICE from Memphis because of the new fingerprint regulations. Finally, I managed to persuade Oak Ridge PD to put my fingerprint card (FD-258) into a sealed envelope for the INS. By that time, I had only one month left of my temporary work permit, and we were getting quite worried that it would expire before we'd get a new one and I would lose my job. We got the phone number of the INS office in Memphis, but it was impossible to get through because the lines were busy hour after another, and we are living 6-8 hours drive from Memphis... Finally, my wife contacted a local congressman's office to request help. She spoke with a very nice lady, who was sympathetic to our cause and supplied us with a direct phone number of an INS official in Memphis. My wife called the INS official on May 21 '97. She was told that they process K1 applicants as walk-ins, and that we should just appear at the INS office at any time during office hours and request an interview. She was also told to bring "proof of our relationship", such as joint bank account statements, affidavits from friends etc. Excited by this information, we drove down to Memphis the next Friday. We were interviewed by a very polite INS official, who asked a few questions about how we met, what was our wedding like etc. After that, he told that my application for permanent residency had been approved and that it was conditional for two years. Then he stamped my passport with a temporary green card (I-551) and told me that the actual green card would be mailed to me in 2-6 months. I had come to get an extension to my work permit and they gave me the green card instead -- yay! I forgot to ask what they'd do with the fingerprints. I wish to thank the staff at INS Memphis office; they're horribly overloaded and understaffed and yet they took time to be polite and professional, even friendly towards us. After we returned back home, I went to the Social Security office and requested a new SS card with the "valid for employment" restriction removed. All in all, the whole K-1 ordeal from filing the I-129F to the day I got my permanent residency took almost exactly 6 months -- I guess we were lucky. Markku (& Kim) Nylander Lenoir City, TN ---------------------\\ Subject: Info: VACCINATION TABLE Date: 17 Jun 1997 12:56:29 GMT From: andrei@fred.net (Ward Systems Group) Organization: FredNet Newsgroups: misc.immigration.usa Hi, netters, I just got a fax from my immigration lawyer with a table showing age-specific vaccination requirements for adjustment of status. I thought this might be of GREAT interest for many people in this group. Thanks, Andrei ============== Bite here =================================== Requirements for routine vaccination of adjustment of status applicants who are not fully vaccinated (or have no documentation) and examined in the United States. (All vaccines may be given at the same time in different sites of the body). ----------------------------------------------------------------------------- Age ----------------------------------------------------- Birth- 2-11 12 months- 5-6 7-17 18-64 >65 Vaccine 1 month months 4 years years years years years ----------------------------------------------------------------------------- DTP;may include DT* NO [---------- YES -------] [------ NO ------] Td* [------------------- NO --------] [------ YES -----] Hib* NO [------ YES -----] [------------- NO ------] Polio;IPV or OPV NO [-------------- YES ----------] [--- NO ---] Measles or MR or MMR [----- NO ----] [-- YES, if born after 1956 ] NO Mumps if MMR* not used [----- NO ----] [-- YES, if born after 1956 ] NO Rubella if MR or MMR* not used [----- NO ----] [-- YES, if born after 1956 ] NO Hepatitis B [------------------- YES --------------] [--- NO ---] Varicella [----- NO ----] [---------------- YES -------------] Pneumococcal [------------------------- NO ---------------] YES Influenza [------------------------- NO ---------------] YES** ----------------------------------------------------------------------------- * means: DT=pediatric formulation diphtheria and tetanus toxoids, DTP=diphtheria and tetanus toxoids and pertussis vaccine, Td=adult formulation tetanus and diphtheria toxoids, OPV=oral polio vaccine (live), IPV=inactivated polio vaccine (killed), MR=combined measles and rubella vaccine, MMR=combined measles, mumps, rubella vaccine, Hib=Haemophilus influenzae type b conjugate vaccine. ** means: annually, each fall (flu) season. -- ------- >I may not have answers for you, but I do have some questions! I am >awaiting my embassy interview which was scheduled for 22nd July (5 weeks >after they got my paperwork), I have asked for it to be moved forward if >at all possible. How long did it take you to get your interview? What >was the interview like? Did you find out the same day? Ask away - I have quite a few answers! ;) After they got my original paperwork (the UK85) they then waited for me to collect all the passport/birth certificate and stuff together. After I sent them the form which says "I have it all together now" they then waited to hear from the US side (UK and US sides were started simulataneously). After they'd heard I had to wait 5 weeks for the appointment. The interview: 8:00am - Arrive at doctor's surgery, pay 65 pounds, give blood sample, take X-ray and reconfirm the answers given on the medical questionaire. Given the X-ray to take to the embassy. 10:00am - Go to Embassy straight from the surgery. Bypass the massive queue, go through security ad then up the stairs to the right towards the Immigrant visa section. On the way in through the door I handed in the appointment letter. 10:15am - Called up for first 'interview' - presented my passport, birth certificate, police certificate, evidence of support and two INS- approved passport photos. This was all bundled together and I was asked to sit and await the 'interview'. 10:30am - The interview - Answer a couple of questions about my relationship with my fiancee. Told to return at noon for results of my blood test. 12:00 - Results of blood test Ok, and my visa was issued. I was given my x-ray back, my passport and a sealed A4 envelope to present to the INS officer at the port of entry. Questions they asked about the relationship: - When did you first meet? - When did you last see each other? - Have you visited the US? - Has she visited the UK? - What is her occupation? Mistakes to avoid: - Forgetting a document If you forget anything, they will hold back your application - Worrying about the medical If you have aids or syphilis, then panic. If not, then don't worry about it - it's a piece of piss. They didn't take my blood pressure. - Worrying about a gestapo-style interview The INS office is a room with few chairs in, and a post-office style row of counters - although there is no glass. The 'interview' is conducted at the counter, and although you must swear under oath that you are representing yourself honestly, other than that it's just a formality. - Questioning the INS officers They have too many people to deal with to allow one person to slow the system with questions. I tried twice to ask questions; "Can I get a green card before I marry?" and "Do I have time to get lunch before the interview?". Both times I was politely, but firmly, told to go sit down and shut up! Ask any questions beforehand. - Worrying about the application being rejected The decision about wether or not you qualify has already been made in the US. This decision was based on the information supplied by you, and the purpose of this 'interview' is simply to confirm the details you supplied, such as you exist (Birth Certificate), you have no criminal record (police certificate), you have no medical problems (medical) and that you can afford to live in the US without being a drain on the social security system (evidence of support). You will be rejected if: - You fail the medical - You have aids OR - You have syphilis OR - You have a bad medical history OR - You do not bring 65 pounds *cash* for the fee (!) - You do not provide sufficient evidence of support - You do not provide sufficient evidence of a job offer AND - You do not have an affadavit of support AND - You do not have a huge savings account - If you do not bring all of your documents - You have documents missing OR - You don't have the original and one copy of each OR - You don't have two acceptable photos - You do not pay the 13.75 visa fee Otherwise, you are in. Things to remember about the K1 visa - Once issued, it is valid only for six months - It is only valid for ONE entry into the country - Once in the US, you must marry within 90 days - When married, you must apply for a 'change of status' to "Legal Permanent Resident" - After you arrive in the country, YOU CANNOT LEAVE until after you have changed your status to LPR, otherwise you will not be allowed to return (one entry only) - Once you are an LPR you can apply for a green card - You must request work authorisation at the port of entry Whew! A lot to take in! ------------------ >> 10:00am - Go to Embassy straight from the surgery. Bypass the massive >> queue, go through security ad then up the stairs to the right towards >> the Immigrant visa section. On the way in through the door I handed in >> the appointment letter. >> > >Is it clearly marked where to go, or is there a recption that tells you? The US embassy has 3 entrances, one facing onto Grovesnor Square (a grassy park), and one on each of the side walls. As you look at it from the park, the left side is the one you want. It is clearly marked Visa Branch and has signs saying; "You must have your photos with you" all over the place. If you have a map or A-Z then look for Upper Grovesnor Street. I arrived there well in advance of the appointment and had a walk round. It's only a ten-minute walk from the Embassy to the Surgery. As you arrive at the embassy at about 10-ish, you will see a massive queue - these are holiday visas, so don't join that queue! You walk straight in the door and through security. There are two sets of stairs, one to the left of the entrance, and one to the right (you have to walk behind the security desk to get at it). You need the one on the right - the Immigrant visa section (even though the K1 is a non- immigrant visa, you still go to the immigrant visa section). Tell security you wan tthe immigrant visa section (have the appointment letter out and ready to show them) You walk up that short flight of stairs to the right and through a door, turn left, through another door and you're in the immigrant visa office. A waiting room with a row of post-office style counters, but without the glass. Hand the letter into the counter nearest the door, and go sit down and wait to be called. >> 12:00 - Results of blood test Ok, and my visa was issued. I was given >> my x-ray back, my passport and a sealed A4 envelope to present to the >> INS officer at the port of entry. >> > >That's pretty quick! It is... It has dedicated staff there at the surgery, not a two-week 'send it away to a lab' test. >> - When did you last see each other? > >that will be easy as it just so happens that my fiancee will be over >that week, in fact leaving that day, the answer of about 10 mins ago >should go down well! And if it's issued you can go as soon as you can get a flight... Where are you headed? Which carrier? I'm going by Continental to Columbus, Ohio. >> - Have you visited the US? > >twice. Same here >> - Has she visited the UK? > >4 times for a total of 11 months! She's only been home for 7 months since you met her? Amy's never set foot on UK soil. Can't get time off her course... >> - What is her occupation? > >Internet Marketing assistant or something. Don't say; "Or something" to the INS officer! ;) >> If not, then don't worry about it - it's a piece of piss. >> They didn't take my blood pressure. > >So what are they checking for with a chest x-ray? Tuberculosis and cancer, I would imagine. >> - You have a bad medical history > >No, but how would they know? They don't have your medical records. Do >you mean from the questionairre? Only from the questionaire... If you say you've had high blood pressure or ever had severe depression then they'll want to investigate further. >> - You do not bring 65 pounds *cash* for the fee (!) > >I can manage that. You'll have to manage more than that to pay for a flight in the middle of holiday season! ;) 300 pounds single to Columbus!! Off season it's 300 return! >> - You do not have an affadavit of support > >I have two, on from my fiancee who earns 25,000 USD, and one from her >father who owns and has savings of amazing amounts of money. You've no need to worry about that then! >> - You do not have a huge savings account > >Unfortunately not. You only need one. I only had one affadavit signed by her parents who have one other child and earn $100,000 together... >This concerns me a little, the photo's I have are identical to the two I >sent to the INS in the States. They are not official or anything, but if >the INS in the States took them, they should be alright for the Embassy >right? Same deal here! I had mine taken in the US and their INS accepted them, but afterwards I took a closer look and realised they were not 3/4 but more 1/2 sideways - you could not see my other cheek... But they accepted them without even a second look. >> Otherwise, you are in. >> > >Let's bloody hope so after all this. I know how I felt sitting there thinking; "What if they reject me??" But if your docs are ok, then you're in. >Thanks for your help. My fiancee is writing everything down so that when >we're done we can hopefully make it less painful for others. We have this big file ourselves! Well, two, really! Everything you ever wanted to know about the K1 process, but were afraid to ask. As soon as I arrie (or the day after, should I say) I'll be taking my downloaded SS-5 to apply for a SocSec number. Once I get that I'll convert my licence, open a bank account (my fiancee's mum is a bank manager at Fifth-Third!) Then we get married (oct 4th) and apply for a change of status - then apply for an extension to the work authorisation until the green card arrives and apply for the GC itself... Sometimes I think it'd be easier to stay in England! ;) But then I wake up. Talk to you later, Graeme ---------------- -- James Willis Pioneer LDCE http://www.ldce.pioneer.co.uk/pioneer2/ INS Comments on I-485 Adjustment of Status Clarification of the term “unauthorized alien” in new section 245(c)(8) of the Act ** For purposes of section 245(c)(8) of the Act, an alien will not be deemed to be an “unauthorized alien” as defined in section 274A(h)(3) of the Act while his or her properly filed Form I-485 application is pending final adjudication, if the alien has otherwise obtained permission from the Service to engage in employment, of if the alien: (a) has not previously engaged in unauthorized employment at any time; (b) was authorized, at the time of filing the adjustment application, to be employed by his or her current employer pursuant to a nonimmigrant classification permitting such employment (including any on-campus employment permitted under the Service’s regulations governing F or J nonimmigrant students); and (c) would otherwise have been authorized to continue employment had he or she not filed the application for adjustment of status. In all other cases, the adjustment applicant must await issuance of an employment authorization document (“EAD”) from the Service before he or she may lawfully engage in employment. Further, in all cases, if the district director or service center director denies the alien’s application for adjustment of status, any employment authorization granted to the alien on the basis of the adjustment application will be subject to termination pursuant to 8 CFR 274a.14(b). Treatment of immediate relatives and certain special immigrants under new section 245(c)(8) of the Act By its terms, new section 245(c)(8) of the Act applies to “all aliens.” Unlike section 245(c)(2) of the Act, this section does not expressly exempt immediate relatives or certain special immigrant from the bar to adjustment. Despite the reference to “all aliens” in new section 245(c)(8) of the Act, however, it is the position of the Service that section 245(c)(8) does not supersede the more specific language of section 245(c)(2) of the Act. For this season, immediate relatives as defined in section 201(b) or special immigrants described in sections 101(a)(27)(H),(I),(J), or (K) of the Act who have at any time engaged in unauthorized employment or otherwise violated the terms of a nonimmigrant status, if admissible, continue to be eligible to adjust status under section 245(a) of the Act. As is currently the case, such individual are not required to pay the additional sum required for filing an adjustment application pursuant to section 245(i) of the Act. See 8 CFR 245.1(b)(4),(5) and (6). These persons are still required, however, to pay the base filing fee required of other adjustment applicants under section 245(a) of the Act. See 8 CFR part 103.7(b)(1). Completion of processing of pending section 245(i) adjustment applications ** An application for adjustment of status filed subsequent to September 30, 1994 and prior to October 1, 1997 shall be adjudicated to completion by an officer of the Service, regardless of whether the final decision is made after September 30, 1997. The Service may consider a motion to reopen or reconsider an application for adjustment of status on the basis of section 245(i) of the Act only if: (1) the application for adjustment of status was filed on or after October 1, 1994 and before October 1, 1997, and (2) prior to October 1, 1997, the applicant submitted Supplement A to Form I-485, any additional sum required by section 245(i) of the Act, and any other required documentation. The Immigration and Naturalization Service (INS) has provided interim guidelines with respect to the above-described section. Those guidelines construe the terms ``beyond the period of stay authorized'' to mean past the date entered for departure on a nonimmigrant's Form I- 94. For J visa nonimmigrants whose Form I-94 authorizes admission for ``Duration of Status'' (D/S), the ``period of stay authorized'' ends on the date of expiration of the 30 day grace period after the alien completes, concludes, ceases, interrupts, graduates from or otherwise terminates his or her course of study or exchange program. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 contains another provision which affects nonimmigrants who remain in the United States beyond the period of stay authorized. Section 301 of that Act deems an alien to be ``unlawfully present in the United States'' if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General. If the alien was unlawfully present in the United States for a period of 180 days but less than one year, voluntarily departed the United States prior to the commencement of removal proceedings, and again seeks admission to the United States, the alien is inadmissible for three years from the date of departure. If the alien was unlawfully present in the United States for one year or more, and again seeks admission, the alien is inadmissible for 10 years from the date of departure or removal from the United States. The effective date of Section 301 of IIRAIRA is April 1, 1997. Section 632 became effective on September 30, 1996. Because the above two sections of the Act may have serious repercussions for aliens who become ``unlawfully present in the United States,'' depart the United States, and then subsequently seek readmission to the United States, it obviously behooves such aliens to timely depart the United States on or before the end of the authorized period of stay or apply to extend their status if regulations permit. The current Exchange Visitor Program regulations permit a Responsible Officer to extend an exchange visitor's participation in the program up to the limit of the permissible period of participation authorized for his or her specific program category. When this occurs, the Responsible Officer issues to the exchange visitor a duly authorized Form IAP-66 reflecting such extension and provides a notification copy of such form to the Agency. [22 CFR 514.43 (a) and (b).] Where the exchange visitor seeks an extension in excess of the period of time authorized for his or her specific category of participation, the Responsible Officer is required to notify USIA and seek prior written approval for such extension. [See 22 CFR 514.43(c) and 514.20(j)(2)(i).] While it is not the responsibility of the sponsor to ensure that the exchange visitor timely departs the U.S., the Exchange Visitor Program regulations do require that a sponsor monitor its participating exchange visitors [22 CFR 514.10(e).] Among other things, the sponsor shall ensure that the activity in which the exchange visitor is engaged is consistent with the category and activity listed on the exchange visitor's Form IAP-66 [22 CFR 514.10(e)(1)]. The sponsor is also required to monitor the progress and welfare of the exchange visitor to the extent appropriate for the category [22 CFR 514.10(e)(2)]. Finally, the sponsor shall require the exchange visitor to keep the sponsor apprised of his or her address and telephone number, and maintain such information [22 CFR 514.10(e)(3)]. The Agency believes that the monitoring requirements set forth in the existing Exchange Visitor Program regulations implicitly require the sponsor to monitor the exchange visitor's Form IAP-66 to ensure that such form accurately reflects the activities and the program dates of the exchange visitor and that the exchange visitor is advised of the limitations on his or her activities and authorized stay in the United States. (Existing regulations also explicitly require the sponsor to notify the Agency in writing when the exchange visitor has withdrawn from or completed a program thirty or more days prior to the ending date on his or her Form IAP-66 or when the exchange visitor has been terminated from his or her program [22 CFR 514.13(c)].) Moreover, IIRAIRA implicitly requires the exchange visitor to monitor his or her status. The Agency acknowledges that most program participants do not knowingly or willfully engage in practices that would jeopardize their status in the United States. However, the Agency is aware that on occasion, whether through circumstances beyond the control of the exchange visitor or through administrative oversight, inadvertence, or neglect on the part of a Responsible Officer or an exchange visitor, or both, the exchange visitor may become ``unlawfully present in the United States.'' The Exchange Visitor Program regulations are silent with respect to the issue of whether a Responsible Officer is authorized to reinstate an exchange visitor who is in the United States ``beyond the period of stay authorized by the Attorney General.'' After a careful review of Sections 301 and 632 of IIRIRA and working in consultation with the Immigration and Naturalization Service, the Agency has concluded that a Responsible Officer is not authorized to reinstate, nunc pro tunc, an exchange visitor once the exchange visitor is in the United States beyond the period of stay authorized by the Attorney General. Indeed, new section 222(g) of the Immigration and Nationality Act states ``such visa shall be void beginning after the conclusion of such period of stay.'' However, the Agency, in consultation with the Immigration and Naturalization Service, has concluded that under the authority conferred on the Director of USIA pursuant to Section 101(a)(15)(J) of the Immigration and Nationality Act, as amended [8 U.S.C. 1101(a)(15)(J)], the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451, et seq.,) and Reorganization Plan No. 2 of 1977, the Agency does have the authority to reinstate to lawful status an exchange visitor who remains in the United States beyond the period of stay authorized by the Attorney General and who thereby has become ``unlawfully present in the United States.'' As noted above, in the case of J visa immigrants whose Form I-94 authorized admission for Dýÿÿÿ‚ƒ„…†‡ˆ‰Š‹ŒŽ‘’“”•–—˜™š›œžŸ ¡¢£¤¥¦§¨©ª«¬®¯°±²³´µ¶·¸¹º»¼½¾¿ÀÁÂÃÄÅÆÇÈÉÊËÌÍÎÏÐÑÒÓÔÕÖ×ØÙÚÛÜÝÞßàáâãäåæçèéêëìíîïðñòóôõö÷øùûýÿÿÿüýþÿuration of Status, the period of stay authorized by the Attorney General ends on the date of expiration of the 30 day grace period after the exchange visitor completes, concludes, ceases, interrupts, graduates from or otherwise terminates his or her course of study or exchange program. ã!"'(pq®¯±²ýþ+,123bc{|¶·ÐÑßàáXY£¤âã$%noµ¶üùöóðíêçäáÞÛØÕÒÏÌÉÆÃÀ½º·´±®«¨¥¢Ÿœ™–“Š‡„~{xu]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b.¶úûGH‘ÙÚ ij²³ïðñ E F ^ _ ˆ ‰ ¢ £ ± ² ³ ü ý D E N O P š › å æ üùöóðíêçäáÞÛØÕÒÏÌÉÆÃÀ½º·´±®«¨¥¢Ÿœ™–“Š‡„~{xu]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b.de®¯óô&'(op¶· V W ^ _ ` ª « ö ÷ AB†‡‰ŠÓÔ!"VWX‘’“¾¿üùöóðíêçäáÞÛØÕÒÏÌÉÆÃÀ½º·´±®«¨¥¢Ÿœ™–“Š‡„~{xu]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b.¿ÀHI…†³´µ¶!"'({|º»òó%&tu†‡ÝÞ/0opuv“”Ÿ ¥¦ÝÞàüùöóðíêçäáÞÛØÕÒÏÌÉÆÃÀ½º·´±®«¨¥¢Ÿœ™–“Š‡„~{xu]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b.àá PQ—˜áâ+,tu€‚ÔÕÖ./…†“”•çèAB˜™òó9:;‘’åæ>?–üùöóðíêçäáÞÛØÕÒÏÌÉÆÃÀ½º·´±®«¨¥¢Ÿœ™–“Š‡„~{xu]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b.–—ãä23„…ÎÏÐ_`¨©ñò;<ƒ„ÉÊXY¡¢æç/0CDE‘’ÚÛ%&;<üùöóðíêçäáÞÛØÕÒÏÌÉÆÃÀ½º·´±®«¨¥¢Ÿœ™–“Š‡„~{xu]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b.<=‚ƒÉÊÜÝÞ ! l m ¸ ¹ !!J!K!”!•!!®!¯!""h"i"´"µ"ÿ"#>#?#Š#‹#Ï#Ð#$$T$U$V$Ÿ$ $è$é$üùöóðíêçäáÞÛØÕÒÏÌÉÆÃÀ½º·´±®«¨¥¢Ÿœ™–“Š‡„~{xu]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b.é$%%%`%a%©%ª%à%á%â%*&+&u&v&¾&¿&û&ü&ý&'''#'$'%'&'i'j'°'±'»'¼'þ'ÿ'B(C(V(W(Ÿ( 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qßqàqêqëqìq-r.rprqryrzr{rÁrÂrssSsTs~ss€sÁsÂsttHtIttŽtÎtÏtãtätåt*u+u,u;u{‡{ˆ{Ó{Ô{||P|Q|R|˜|™|Ý|Þ|} } }N}O}s}t}u}º}»}þ}ÿ}~~~=~>~?~L~M~N~‡~ˆ~Ò~Ó~â~üùöóðíêçäáÞÛØÕÒÏÌÉÆÃÀ½º·´±®«¨¥¢Ÿœ™–“Š‡„~{xu]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b.â~ã~-.>?‡ˆš›³´µúû<€=€€€€Ã€Ä€LM“”Ö×‚‚W‚X‚Y‚Ÿ‚ ‚æ‚ç‚,ƒ-ƒdƒeƒfƒ¬ƒƒÁƒÂƒüùöóðíêçäáÞÛØÕÒÏÌÉÆÃÀ½º·´±®«¨¥¢Ÿœ™–“Š‡„~{xu]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b.Âƒ „„„„M„N„p„q„¡„¢„£„å„æ„*…+…k…l…²…³…ô…õ…0†1†2†w†x†Œ††Ô†Õ†æ†ç†)‡*‡A‡B‡…‡†‡™‡š‡º‡»‡¼‡ˆˆˆüùöóðíêçäáÞÛØÕÒÏÌÉÆÃÀ½º·´±®«¨¥¢Ÿœ™–“Š‡„~{xu]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b.ˆNˆOˆšˆ›ˆåˆæˆ2‰3‰X‰Y‰[‰\‰£‰¤‰ì‰í‰8Š9Š{Š|Š~ŠŠ€ŠÄŠÅŠ‹ ‹U‹V‹‹ž‹Þ‹ß‹#Œ$ŒkŒlŒ±Œ²ŒúŒûŒABxyzüùöóðíêçäáÞÛØÕÒÏÌÉÆÃÀ½º·´±®«¨¥¢Ÿœ™–“Š‡„~{xu]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b]b.zÄÅ Ž ŽVŽWŽŸŽ ŽÜŽÝŽßŽàŽáŽ'(no°±ö÷89:;‚ËÌ‘‘_‘`‘ª‘«‘ñ‘ò‘ 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