Our Little Visa dictionary

We already wrote about the application for the K-1 fiancé(e) visa. This visa is becoming more and more popular to take of moving spouses of US citizens to the US.

After all, marrying a US citizen is still one of the most popular ways for Germans to immigrate into the US.

Visa processing at the US consulate abroad We assume your US spouse is already in the US before the wedding.

After your US partner has received the official approval notice, you should get a copy of this (a fax is completely sufficient). The US consulate will start a provisional file for you, provided the INS receives a so-called "consular notification."

You can even initiate this process yourself, if you send a fax to the US consulate with the following information: copy of the notice, your full name, date and place of birth, and your address. Send the fax to the Visa Immigrant Unit (it doesn't matter whether it is in English or German) and emphasize that you would like them to open a provisional file. You can already ask for an interview appointment there, it may be advisable to do so with regard to the current workload at the consulates. However, it can only be confirmed once the consul has received all of your documents.

The documents mentioned above will be sent to the FBI to be checked there, but this shouldn't take too long. As soon as the consulate has opened the file for you, you will receive the so-called package 3, which will require you to assemble several documents, which you have to send back to the consulate together with the application form I-169. Always use a registered letter with a return receipt for this.

If you fax the I-169 to the US consulate before re-sending the package 3 (please always state your file number), the consulate can already send you the package 4, but only if you have already been cleared by the FBI. This package will contain, among other things, your interview appointment, as well as instructions for the necessary medical check-ups that you can only get from a certified US doctor. The addresses are often missing from the package, but we will be happy to provide you with them.

As soon as the interview appointment has been confirmed, it may happen that the US consulate asks for further documents about your status and your relationship with your US partner. The consul has the right to ask more questions until he is certain that your marriage isn't merely a sham. Don't hold it against him, he is legally obligated to do that. And keep in mind that he has to decided upon hundreds of cases each and every day.

The visa interview Every applicant has to show up for an interview at the US consulate. There, the forms OF-156 and the supplemental for K-1 applications must be presented completely filled out. You can download both from www.usembassy.de/travel/dindex.htm. You can pay the fees right there or transfer them to the embassy's account before. Personal registration certificates such as birth, marriage or death certificates will be handed back to you during this appointment.

During the interview you will be asked questions about your relationship with your US partner, but not in as much detail as in the US. However, you should still be well prepared, also for some trick questions.

During the appointment you will have to provide several documents you also had to submit to the INS. Among them are your birth certificate, divorce papers (if existing), also your valid passport and the results of the medical check-up that can usually be done on location.

It is also important that you can demonstrate sufficient financial means for the first months in the US. For this you can show bank and savings accounts as well as "immovable property" such as real estate, bonds, savings contracts with a savings and loan association, life insurance etc.

However, the real financial check-up only applies to your US partner, and will be done with the I-134. In case he doesn't have sufficient income, a co-sponsorship is possible. There are more favourable income regulations for members of the US military (poverty guidelines).

The consular officer must ask you whether you intend to marry within 90 days of entering the US. In this case, please carry with you a written confirmation of the city hall in the US about the exact date. You will then have to sign a sworn declaration that you are willing and able to get married within that time frame. If you cannot observe the 90-day limit, for whatever reasons, you will have to leave the US again.

The Visa itself The visa is no longer issued directly at the counter, because too many applications must be processed for this. You will receive it via mail in a closed envelope after a few weeks (usually 4-6), and you are not allowed to open it. Only the US immigration officer at the US border is allowed to do that. He will divide the document into several parts and send these to different authorities in the US. There you will also receive the stamp in your passport, which will be a substitute document for your immigration status.

In the US You will be issued your green card for an initial period of two years before you will receive a permanent one. Unfortunately, processing times for the real green card, which was originally between three and six months, are now up to eight months or even a year. At present, it seems this situation cannot be changed, unless US Congress would provide additional funds for the responsible authority.

After two years you must apply to have your conditional status removed (application to remove conditional base on residence). You will, however, have all the rights of an immigrant during those two years, you may leave and re-enter the US. However, you shouldn't be staying abroad for too long, as not to endanger your status during the two-year period. ATTENTION: You have to apply for the unconditional green card YOURSELF before the end of the two years. You will not be reminded of this and can be forced to leave the country should you forget.

In our next newsletter: Upon popular request we will talk about the new K3/K4 Visa (LIFE Act) in our next newsletter, which was one of Clinton's last official actions and led to a bit of confusion on both sides of the pond.