Fiancées Visas

Fiance(e) Visas

MARRIAGE OF A UNITED STATES CITIZEN IN THE U.S (GENERAL INFORMATION FOR FIANCÉ(E)S)

The following is an introductory guide for U.S. citizens who wish to marry their Tajik citizen fiancé(e)s in the U.S. It describes the documentation that is required for filing of a Petition for Alien Fiancé(e) and for the fiancé(e)e visa interview in Almaty. Please be aware that procedures may change without notice. Please contact the Consular Section of the U.S. Embassy for more information.

GENERAL INFORMATION

The Immigration and Nationality Act provides non-immigrant visa classification (K-1) for aliens entering the U.S. to marry American citizens. The marriage must be concluded within 90 days of admission into the U.S. Following the marriage, the alien spouse must apply to the Bureau of Citizenship and Immigration Services (BCIS) to establish a record for conditional permanent resident status. After two years, the alien spouse may apply to BCIS for removal of the conditional status.

PETITION

To establish K-1 visa classification for an intended alien spouse, an American citizen must file a petition, Form I-129F, with the Bureau of Citizenship and Immigration Services Regional Service Center having jurisdiction over the place of the petitioner’s residence in the U.S. Fiancé(e) petitions may not be adjudicated abroad. Both the petitioner and the beneficiary must be legally able and willing to conclude a valid marriage in the U.S. The petitioner and beneficiary must have previously met in person within the past two years. The approved petition will be forwarded by BCIS to the U.S. Consular Office where the alien fiancé(e) will apply for his or her visa. A petition is valid for a period of 4 months from the date of BCIS action, and may be revalidated if it expires before the fiancé visa is issued.

The fiancé(e) petition (Form I-129F) can be obtained from the BCIS Regional Service Center or local BCIS office in the U.S. closest to the American citizen’s residence. Location of the closest office can be determined by going online to http://uscis.gov. Petition forms can be downloaded from the website or mailed to you by BCIS. In addition to filling out the petition, you must complete two G-325A biographic information forms. Please note that failure to mention any previous marriages on these forms will result in the petition being returned to BCIS from the relevant Embassy for readjudication.

When submitting the I-129F Form for approval to the BCIS, please be sure to include all of the following documents:

• a photocopy of your U.S. passport identification page (plus a copy of your naturalization document if you are a naturalized citizen); 
• if applicable, photocopies of any death certificates or divorce decrees of a previous spouse that you or your fiancé(e) may have, with translations into English; 
• two passport-size photos from both yourself and your fiancé(e), attached to the bottom of the G-325 biographic forms; 
• a photo of the two of you together to prove you have met.

The BCIS will notify the American citizen fiancé(e) of approval or denial and forward approved petitions to the relevant embassy. Fiancée visa applications for residents of Tajikistan, Kazakhstan, Uzbekistan and Kyrgyzstan are processed by the U.S. Embassy in Almaty, Kazakhstan; for residents of Russia are processed by the U.S. Embassy in Moscow; for residents of Georgia, Armenia and Azerbaijan by the U.S. Embassy in Tbilisi, for residents of Ukraine, Belarus, Lithuania and Latvia by the U.S. Embassy in Warsaw; for residents of Estonia by the U.S Embassy in Helsinki, and for residents of Moldova by the U.S. Embassy in Bucharest.

MINOR CHILDREN

The minor children of a K-1 beneficiary derive "K-2" nonimmigrant status from the parent so long as the children are named in the petition. Question 14 on the I-129F asks you to list the names and dates of birth of any children your fiancé(e) may have. All children of an alien classified K-1 must be listed on the K visa petition. Failure to do so will cause a delay in visa issuance. The children (under 21 years of age and unmarried) also must be at the interview. Children up to the age of 21 may accompany their parent to the U.S., or may follow-to-join at any time up to one year after the parent receives her/his visa.

A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. After one year, and provided that the alien qualifies, the filing of a separate immigrant visa petition is required.

VISA PROCESSING FEES (for each applicant):

I-129F, Petition to Classify Nonimmigrant as Fiancé(e) - $455

Visa fee - $100 (for a citizen of Tajikistan)

Medical Exam - between $150-$300 (depending on the clinic and whether additional tests are needed)

DOCUMENTATION

Upon receipt of an approved petition, the Consular section of the U.S. Embassy in Almaty will notify the beneficiary by mail and send him or her the necessary forms and instructions to apply for a "K" visa. Since a fiancé(e) visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant.

Once the approved petition for a Tajik citizen fiancé(e) is received by the U.S. Embassy in Almaty, an appointment can be made there for his or her Medical Exam and Visa Interview. Prior to the Almaty interview, the future couple should gather the following documents:

• Completed DS-156 Visa Application Form and Supplemental
• DS-156K Form (filled out in Russian). The supplemental form should not be signed. If the applicant’s child is immigrating with him/her, DS-156 must be filled out for the child too. The child does not need the supplemental form; 
• Passports for all persons applying for U.S. visa (or on the same passport). Original and copy of the photo page. (Note: An international passport can be obtained by a Tajik citizen at OVIR or the Consular department of the Ministry of Foreign Affairs). Children under 16 are usually included in the Tajik citizen’s parent’s passport; 
• Original birth certificates of all applicants; 
• Prior marriage certificate(s) and divorce certificate(s) or death certificate(s) of spouse(s) (if applicable, it is required to present documents to prove the dissolution of any prior marriage(s)); 
• Police certificates or a statement from the police that one is not available, if applicable. Police Certificates are required from every visa applicant aged 16 or over for each locality of the country of nationality or current residence where applicant has resided at least 6 months since attaining the age of 16. They are also required from all other countries where the applicant has resided for at least one year. Also, a police certificate must be obtained from the police authorities of any place where the applicant has been arrested for any reason, regardless of the duration of residence.
• Court and prison records (if applicable). Persons convicted of a crime must obtain a certified copy of each record and any prison record, regardless whether they may have benefited from an amnesty or pardon; 

• Military records (if applicable). A certified copy of any military record is required, if applicable; 
• Four photos full face passport size (in addition to the two provided earlier) for each applicant (50x50 mm with white background; please see the explanation below). Two of these 4 photos will be required for the medical exam; 
• Financial documents from the U.S. citizen fiancé(e) to show that the applicant will not be a public charge in the U.S. Such documents may include, but are not limited to: 
  - I-134 Affidavit of Support signed in front of a Notary Public or Consular Officer; 
  - Tax Returns (IRS 1040 Forms) or tax transcripts for the previous three tax years; 
  - Copy of a bank account. Evidence of financial assets and liabilities; 
  - Earnings and Leave Statement; 
  - Copies of W-2’s for the previous three tax years; 
  - Letter of employment with salary information; 
  - Evidence of financial assets and liabilities;
• Translation of all documents into English (translations must be notarized only when the original is in a language other than Russian); 
• Evidence of relationship. The applicant will be asked to submit proof of his/her relationship with the petitioner. Therefore, it is useful to bring letters, e-mails, photos of you and your fiancé(e) together, telephone bills or other evidence of their relationship to the interview; 
• Application fee - $100 per each applicant (for a Tajik citizen) payable at the U.S. Embassy on the day of the interview.

An accompanying child requires a valid international passport (or may be included in the parent’s passport), a birth certificate and a medical examination. If a child is 16 years of age or over, police certificates are required.

Only one additional copy of each document plus the original is required; however, it is prudent to have two copies of all documents. Please note that any accompanying children also need passports (or should be included in the Tajik citizen parent’s passport) and medical examinations.

Certified translations can be prepared by "Intourist" or "Business Center" companies at "Tajikistan" hotel, 22 Shotemur St., Dushanbe, tel. 992-37-221-62-62 or 992-37-221-82-28.

The visa applicant must also go for a medical exam at an Embassy Almaty approved clinic prior to the visa interview. At the moment, the only clinic approved is SOS Clinic. The applicant should bring his/her immunization records to the panel physician. For more information regarding the exam and costs, please contact the clinic directly. Allow two working days for results.

Once the medical exam results are ready (they will be provided in a sealed envelope) and all the above documents are together, the applicant may go to the Embassy for an interview.

The American citizen does not need to accompany the applicant to the visa interview.

PHOTOGRAPH REQUIREMENTS FOR VISAS

The photograph of each visa applicant must be an unmounted full-face photo, taken within the past six months. A "full-face" photo is one in which the applicant is facing the camera directly. The applicant should not be looking down or to either side, and the face should cover about 50 percent of the area of the photo. Although variations in hair styles and in head coverings make it difficult to rigorously define the term "face", in general, the head of the applicant, including both face and hair, should be shown from crown of the head to tip of chin on top and bottom and from hair line side-to-side. It is preferable that ears be exposed. The key requirement is that the photographs clearly identify the applicant.

The photograph should measure from 2 inches (roughly 5mm square) with the head centered in the frame. The head (measured from the top of the hair to the bottom of the chin) should measure between 1 inch to 1 3/8 inches (25 mm to 35 mm) with the eye level between 1 1/8 inch to 1 3/8/ inches (28mm and 35 mm) from the bottom of the photo. Photos must be taken against a white or off-white background. Photos should be printed without borders. Photo should be stapled to Form DS-156 (Nonimmigrant Visa Application). The staples should be placed as far away as possible from the applicant’s face. Photos taken in front of busy patterned, or dark backgrounds will not be accepted.

Head coverings and hats are only acceptable due to religious beliefs, and even then, may not obscure any portion of the face of the applicant. Sunglasses or other paraphernalia, which detracts from the face, as defined above are not acceptable unless required for medical reasons (an eye patch, for example). A photograph depicting a person wearing a traditional facemask or veil that does not permit adequate identification is not acceptable. Photos of military, airline or other personnel wearing hats are not acceptable. Photographs of applicants wearing tribal, national costumes or other headgear not specifically religious in nature are not acceptable.

Since a separate visa is issued to each qualified applicant, an individual photo is required in all cases. Group photos are not acceptable.

VISA INELIGIBILITIES

As soon as the processing of a case is completed and applicant has all necessary documents, a consular officer will interview the fiancé(e) to determine eligibility for a K visa. 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 U.S.; or are ineligible for citizenship, must be refused a visa. The two-year foreign residence requirement for former exchange visitors is also applicable.

VISA ISSUANCE

If everything is in order, usually the visa is issued the same day. The applicant will receive a nonimmigrant visa in his/her passport, valid for one entry into the U.S. within the next 6 months. He/she will also receive a separate immigrant visa packet to present to the immigration officials at the U.S. border. After entry to the U.S., he/she has 90 days to either marry the petitioner or return to his/her country. Following the marriage, the alien spouse must apply to the Bureau of Citizenship and Immigration Services (BCIS) to establish a record for conditional permanent resident status. After two years, the alien spouse may apply to BCIS for removal of the conditional status.

LIST OF OFFICES AND PHONE NUMBERS:

U.S. Embassy Dushanbe - Consular Section
109A Ismoili Somoni Ave.
Dushanbe, Tajikistan, 734019
Tel.: (992-37) 229-23-00
E-mail: DushanbeConsular@state.gov
Website: http://dushanbe.usembassy.gov 

U.S. Embassy Almaty - Consular Section
97 Zholdasbekova St., Samal-2
Tel.: (1073272) 50-49-00
Fax: (1073272) 50-48-84
E-mail: ConsularAlmaty@state.gov
Website: http://www.usembassy.kz
Open for Immigrant Visa Information
Monday - Friday (2-5 p.m.),
Tuesday and Thursday (9 a.m.-12 p.m.)

U.S. Embassy Moscow - IV Unit (for Russian citizen fiancé(e)s)
123242 Moscow, Russia
Novinskiy Bul’var, 19/23
U.S. Embassy Moscow - Consular Section E-mail: consulmo@state.gov
Telephone information service (user pays):
From Moscow residential lines: 258-2525
From the U.S.: 1-866-487-8472
From everywhere else: 1-405-552-7300

Ministry of Foreign Affairs of the Republic of Tajikistan
42 Rudaki Ave., Dushanbe, Tajikistan
Consular department (passport section), tel: 221-63-10
Consular department (visa section), tel: 221-61-03
Authentication (legalization) section, tel: 221-60-34
General Department, Room 11, tel: 221-05-51
Additional information about fiancé(e) visa interviews in Almaty is available at the Website if the U.S. Embassy in Almaty: http://www.usembassy.kz

If you have more questions, please contact the Consular Section of the U.S. Embassy in Dushanbe by phone at (992-372) 229-23-00 or by e-mail at DushanbeConsular@state.gov