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K1 Fiance(e)
visa Information for Vietnamese Citizens
The K visa (K-1 or K-3) is technically a
nonimmigrant visa but the requirements are very similar to those for an
immigrant visa for an immediate relative. The Immigrant Visa unit
processes all K-1 and K-3 visa applications. Both the fiancé(e) of
a United States citizen (K-1) and the fiancé(e)'s children under age 21
(K-2) or the spouse of a United States citizen (K-3) and the spouse’s
children under age 21 (K-4) may benefit from an I-129F petition.
All approved petitions are forwarded to the National Visa Center (NVC)
for processing before being sent to the office. After it receives
the petition, it will complete administrative processing and send
the applicant an Instruction Package approximately two months after
receiving the petition. Once the applicant informs the office
that he or she is ready for a visa interview, the office schedules a
visa interview date for approximately three months later and sends the
applicant an Appointment Package.
Bring to your interview any evidence to substantiate your relationship
with the petitioner, such as letters, telephone bills, e-mails,
photographs, etc. During the visa interview, it is the applicant's
responsibility to provide evidence of a bona fide relationship with the
petitioner. The consular officer will use the interview as well as
the information submitted to make a decision.
Section 221(g) of the U.S. Immigration and Nationality Act states that
visa applications lacking required documents must be denied until such
time as those documents are submitted and found to be sufficient.
If, for any reason, the applicant is not eligible for a visa at the time
of the interview, the applicant will receive an explanation in writing and
a request for the specific documents still required, if any.
Applicants refused under Section 221(g) who are specifically requested to
submit more documents may submit the additional information either via
registered mail or in person at the Consulate between 1:00 p.m. and 3:00
p.m. Monday through Friday, except holidays. The applicant should
include the blue or green refusal sheet asking for additional information.
Although a K visa petition is valid for a period of four months, a
consular officer can revalidate the petition provided the officer
concludes that the American citizen sponsor and the applicant remain
legally free to marry and that they continue to intend to marry each other
within three months of the alien’s admission into the U.S.
If the visa is approved, the applicant can usually pick up the visa on the
next business day at 4:00 p.m. The visa is normally valid for six (6)
months.
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