U.S. Department of State Travel Warning to the Philippines.

Department of state proposes increasing K1 visa fees. ◄ June 4th 2010 Nonimmigrant visa application fee has increased to $350.00 USD for all K1 applicants.

K-1 Inadmissibility Issues HIV Ban to be Removed

K-1 I-129F Denial: How to Appeal

Proving a K-1/K-2 Relationship via DNA Testing

K-1 Petition Adjudication: What do Adjudicators Look For?

Adjustment of Status Information: AOS Apps on Hold

NONIMMIGRANT VISA FEE PAYMENT SLIP ◄ Required for all K1 & K3 Applicants.

K-1 Fiancee Visa: Obtaining Police Records in the Philippines.

Fiancee Visas for Philippines: Obtaining Marriage and Annulment Certificates.

K1/K3 Visas Philippines: Obtaining Birth Certificates.

K1/K3 Visas Philippines: Obtaining your Documents while working overseas.
K 1 Fiancee Visa Processing times.

K 1 Fiancee's must marry to their U.S. sponsors within 90 days.

Find out what jurisdiction your state falls under for processing of I-129F petition for Alien Fiancee.

Vaccination requirements for all (k) applicants.

Acts of fraud with K1/K3 Applicants and USCIS.

Why was my K1 visa denied?

New Announcement

June 04/2010 USCIS Made the price increases to $350.00 for Nonimmigrant Visa Applications.
http://manila.usembassy.gov/wwwh3024.html k1 applicants are exempt from using the new DS-160 forms that are filed electronically. The DS-156 / DS-156K & DS-157 are still being used. However K1 applicants must pay the following application fee of $350.00 in the equivalence of Pesos.

Posted 12/14/2009

Department of state proposes increasing K1 visa fees.

On December 14, 2009, the Department of State published a proposed rule in the Federal Register to increase the nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee. The proposed rule also establishes a tiered structure with separate fees for different visa categories. 

The Department is proposing the increase to ensure sufficient resources to cover the increasing cost of processing nonimmigrant visas (NIVs).  

The new tiered fee structure was created to cover the higher unit costs for processing certain categories of nonimmigrant visas that are more complicated and require more in-depth consideration than most other categories of nonimmigrant visas.

U.S. law requires the Department to attempt to recover the cost of processing non-immigrant visas through the collection of the application fees. Because of ongoing process and security enhancements, the $131 fee set on January 1, 2008 is lower than the current, actual cost of processing non-immigrant visas. 

The proposed application fee for K visas for fiancé(e)s of

Posted 11/09/2009

K-1 Inadmissibility Issues:
HIV Ban to be Removed

Under section 212(a)(1) of the INA (8 U.S.C. 1182(a)(1)), any alien who is determined to have a communicable disease of public health significance is inadmissible to the United States.

As a result of this statute, aliens outside the United States who have a communicable disease of public health significance are ineligible to receive a visa for admission into the United States, absent the grant of a waiver on the ground of inadmissibility.

Prior to this final rule, aliens with HIV infection were considered to have a communicable disease of public health significance and were thus inadmissible to the United States. While HIV infection is a serious health condition, it is not a communicable disease that is a significant public health risk for introduction, transmission, and spread to the U.S. population through casual contact.

As a result of this final rule, aliens will no longer be inadmissible into the United States based solely on the ground they are infected with HIV, and they will not be required to undergo HIV testing as part of the required medical examination for U.S. immigration.

This final rule is effective January 4, 2010.

Posted 11/09/2009

K-1 I-129F Denial: How to Appeal

Review Form I-292 that notified you of the adverse decision to determine whether or not you may appeal the denial of your petition or application.  The decision will inform you of the proper appellate jurisdiction and provide you with the correct form.

If you want to appeal the denial of a petition or application, the notice of appeal must be filed within 30 days of the date of the decision.  If you receive the decision by mail, you must file the appeal within 33 days of the date of the decision. 

If you wish to appeal the revocation of an approved immigrant petition, you must file the appeal within 15 days of the date of the decision, or within 18 days of the date of the decision if the decision is received by mail.

If the AAO has jurisdiction over the decision, you must file the notice of appeal on Form I-290B, Notice of Appeal to the Administrative Appeal Office.  The appeal must be filed with the office that made the original decision. 

You may file an explanation in support of your appeal.  You must include the required fee.  If you require a fee waiver, please see fee waiver request procedures and the USCIS fee waiver policy memorandum.

Posted 11/09/2009

Proving a K-1/K-2 Relationship via DNA Testing

In circumstances where a consular officer is not convinced that the K-1 and K-2 have the requisite parent/child relationship, the consular officer may request a DNA test. Here are the steps involved for the K-1 applicant:   

1. Petitioner/putative parent selects accredited lab.  
    
2. The selected lab sends the beneficiary DNA testing kit(s) directly to the consular section.
    
3. The Accountable Consular Officer (ACO) checks in all test kits on the DNA accountability log receipt in the consular section. This consists of ensuring that the kit has not been opened or damaged and if the kit includes a seal, confirming the kit seal is intact, adding the kit to the accountability log stored in the ACO safe, and storing it in the ACO safe or a bar lock cabinet. The safe where the DNA kits are stored must be accessible only to the ACO or designated backup.
    
4. Once the ACO records receipt of the collection kit, the consular section must contact the applicant to schedule an appointment date for DNA collection and tell the applicant that he/she must bring his/her passport and a photograph.
    
5. On the DNA collection appointment date, a lab technician from the panel physician’s office must come to the consular section to collect the DNA sample(s).
    
6. Immediately prior to the testing, the ACO checks the test kit out of the safe and gives it to the cleared American witness who will witness the collection, recording the cleared American witness’s name in the accountability log. The witness verifies that the kit is unopened, and if applicable, the seal is intact. The cleared American witness is responsible for the custody of the testing materials until he or she applies the security seal to the mailing package.
    
7. The cleared American witness should review the instructions sent by the AABB lab prior to the DNA collection, so as to be familiar enough with the sample collection technique to recognize if it is not being executed properly by the lab technician.
    
8. At the time of testing, the cleared American witness must have the medical technician and applicant/beneficiary come to the interview window or designated location within the consular section, one applicant at a time.
    
9.  The cleared American witness must personally verify the identity of the
   donor through:
   (1) Presentation of passport; and
   (2) Verifying that the applicant signs on the back of his or her photograph for attachment to the chain of custody document(s). 
    
10. Once the identity of the applicant has been confirmed, the cleared
    American witness must do the following:
    
    (1) Collect the signed applicant photograph and supporting documents
    from the applicant;
    
    (2) Provide the sealed DNA kit to the lab technician or panel physician;
    
    (3) Witness the collection of the buccal swab from the donor/applicant;
    
    (4) Legibly record required information on chain-of-custody documents.
    This function may not be performed by LES or an outside party;
    
    (5) Witness the lab technician placing the completed DNA sample into the protective sleeve or pouch provided by the lab, accept the specimen from the lab technician or panel physician, and personally seal and sign the sample in accordance with the kit instructions;
    
    (6) Seal the specimen in the pre-paid shipping envelope provided by the lab. The sample must be in the direct possession of the same cleared American who witnessed the sample collection until the return mailing envelope is sealed in accordance with the instructions from the lab or shipping company.
    
    (7) Record in the applicant’s case notes:
    (a) His/her name as witness to the collection;
    (b) Date and time of sample collection;
    (c) The name of the lab technician (from ID badge or card);
    (d) The name of the lab or panel physician where the technician
    is employed; and
    (e) A clear description of the relationship(s) being tested (e.g.,
    probability that the tested mother or father is the
    mother/father of the child tested).
    
    (8) Scan all chain-of-custody documents into the CCD and associate them with the applicant’s case. Be sure that the information provided to the AABB lab clearly defines the relationship(s) to be tested. The request should be specific, not “are the parties related?”, but rather “is the petitioner the mother/father of the tested applicant?”

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Posted 11/10/2009

 K-1 Petition Adjudication:

What do Adjudicators Look For?

When a K-1 fiancee visa petition is submitted to the USCIS, it's hard to know what happens next. The months of hard work include communicating with your fiance(e) about K-1 requirements, gathering documents, and making sure everything is properly completed.

The process culminates in submitting the petition to the USCIS. One hopes that, by then, everything is in order.  

So what happens next? Does the petition just fall into a big black hole? It may seem like that. Hopefully this article will shed some light.

When the USCIS adjudicator receives the petition, the following review takes place.

The USCIS adjudicator must carefully examine the application form and all supporting documents. The examination should address (but not be limited to) the following questions;

Is the form(s) complete and signed? All fields on a forms should be completed. Fields that do not apply should be marked as "not applicable" or "None".

Is the applicant or petitioner represented by counsel?

Are there any responses which require further explanation or indicate there may be a need for additional documentation? If so, then the supporting documentation must be available for review or else the petitioner is likely to receive a Request for Evidence (RFE).

Are all necessary supporting documents present and translated, if necessary?

Is the beneficiary statutorily eligible for the benefit sought? This requires examining the relevant immigration code to determine if the beneficiary is eligible for the immigration benefit.

Are all supporting documents authentic and unaltered? Recent submissions of fraudulent birth certificates and passports is making this inquiry especially important.

Is there any reason to suspect fraud?  Is there anything in the beneficiary's  or petitioner's past that would lead an adjudicator to suspect that fraud is taking place?

Are there any legal precedent decisions or court orders relevant to the case?

Are there any ancillary applications which should be filed by the applicant (e.g. a waiver application, adjustment application, advance parole request, or employment authorization request?

The above are basic procedural and substantive questions adjudicators ask as they review each K-1 petition. Applicants who keep these questions in mind and prepare their applications to address these issues stand a better chance of a successful outcome.

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Posted 12/01/2009

Adjustment of Status Information:
AOS Apps on Hold

Since Nov. 13, 2009, the USCIS has temporarily held certain applications to adjust status to lawful permanent residence until new CDC vaccination criteria become effective on Dec. 14, 2009.

The HHS and CDC announced on Nov. 13, 2009 new criteria for determining which vaccinations will be required for applicants seeking to become lawful permanent residents.

Based on these new criteria, and beginning on Dec. 14, 2009, the vaccines for herpes zoster and human papillomavirus (HPV) will no longer be required for immigration purposes.

As a result, since Nov. 13, 2009, USCIS has held any application that would have been denied solely based on the applicant’s failure to show proof of having received the HPV or zoster vaccine.

USCIS will resume adjudicating these applications on Dec. 14, 2009, using the new vaccination criteria, which eliminate the need for the HPV and zoster vaccines.

Posted 12/12/2009

NONIMMIGRANT VISA FEE PAYMENT SLIP

EFFECTIVE JULY 1, 2009

On July 1, 2009, Citi and BDO began using new payment slips for nonimmigrant machine-readable visa (MRV) application fee payments.

Upon payment of the $131 MRV application fee, the bank will issue a new "US Embassy copy" of the bills payment slip which will be stapled to a blank DS-157 form. The BDO bills payment slip will have three copies.

The copy on blue paper is the "US Embassy copy." On the day of the interview. the Nonimmigrant Visa Unit will accept only the "US Embassy copy" as proof of payment of the $131 MRV application fee. If the slip stapled on the DS-157 form gets lost, the applicant will need to pay a new MRV fee.

All MRV fee payments made between May 25, 2009 and June 30, 2009 with the old bills payment slip will still be accepted. All MRV fee payments made before May 25, 2009 with a proof of payment validation at the back of the DS-157 form, which fall within the one-year fee validity, will also be accepted.

DAMAGED NONIMMIGRANT VISA OR BANCO DE ORO (BDO) PAYMENT SLIP

If your nonimmigrant visa was soaked in water or peeled off from the passport page due to water damage, your visa is considered invalidated. In order to make future trips to the United States, you must apply for a new nonimmigrant visa. The step-by-step procedures are provided in http://manila.usembassy.gov/wwwhniv1.html.
 

Visa applicants whose Banco de Oro (BDO) payment slips in blue paper (US embassy copy) are damaged or lost will have to pay a new visa application fee of $131 at any BDO branch or Citi's corporate center branch in Makati.

IMPORTANT NOTICE TO IMMIGRANT VISA APPLICANTS

CONCERNING VACCINATION REQUIREMENTS

United States immigration law requires 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 required to verify that immigrant visa applicants have met the vaccination requirements, or that it is medically inappropriate for the visa applicant to receive one or more of the listed vaccinations:

• Hepatitis A
• Hepatitis B
• Influenza
• Influenza type b (Hib)
• Measles
• Meningococcal
• Mumps
• Pneumococcal
• Pertussis
• Polio
• Rotavirus
• Rubella
• Tetanus and diphtheria toxoids
• Varicella

Fraud considerations

Because the K-1 visa leads to immediate immigration, and eligibility for employment, in the United States, it is considered to be a high fraud visa category^[4]. To partially address these concerns, Congress in 1986 passed the Marriage Fraud Amendments, which placed a two year conditional period on a foreign spouses permanent residency.

Dissolution of the marriage within those two years can lead to removal of the foreigner's permanent residency status.Detecting marriage fraud is of utmost importance to the USCIS. Government officials are specially trained to detect any fraud.

Attributes of a "normal relationship," which proves validity, can be common language or religion, shared vacations, events, and holidays, combined finances and property and more, but most of all, it is the intention to have a real marital relationship.

A survey completed by the United States Immigration and Naturalization Service (INS) in the 1980s found approximately 30% of these marriages are under suspicion of fraud. Fraudulent marriage is any marriage that has been entered into with the sole purpose of circumventing the law.

According to the Immigration and Nationality Act (INA), Act 255 [8 U.S.C 1325], the consequences of entering into a marriage in order to evade the law include incarceration for up to five years, a fine of up to $250,000, or both.

Other fraud concerns include routine romance scam or romance fraud, usually victimizing the American petitioner, as well as attempts by foreigners to pay an American to knowingly enter into a sham marriage.

Why Was My K1 Visa Denied?