9 FAM 502.7-5 K VISAS – SPOUSE OR FIANCÉ (E) OF U.S. CITIZEN (AND THEIR CHILDREN)
9 FAM 502.7-5(A) Related Statutory and Regulatory Authorities
9 FAM 502.7-5(A)(1) Immigration and Nationality Act
(CT:VISA-1; 11-18-2015)
INA 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)); INA 101(b)(1) (8 U.S.C. 1101(b)(1)); INA 203(a) (8 U.S.C. 1153(a)); INA 204(a)(1) (8 U.S.C. 1154(a)(1)).
9 FAM 502.7-5(A)(2) Code of Federal Regulations
(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 Regulatory Provisions; CT:VISA-1813; 03-05-2012)
22 CFR 41.81; 8 CFR 214.2(k).
9 FAM 502.7-5(A)(3) Public Laws
(CT:VISA-163; 08-25-2016)
Legal Immigration Family Equality Act (LIFE Act), Public Law 106-553; District of Columbia Appropriations Act, 1999, Public Law 106-113, sec. 237; International Marriage Broker Regulation Act of 2005 (IMBRA), Public Law 109-162, sec.831-834; Adam Walsh Child Protection and Safety Act of 2006 ("Adam Walsh Act"), Public Law 109-248, sec. 402.
9 FAM 502.7-5(A)(4) United States Code
(CT:VISA-1; 11-18-2015)
18 U.S.C. 1801.
9 FAM 502.7-5(B) Overview of K Visa Classifications
(CT:VISA-163; 08-25-2016)
a. The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a U.S. citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. Eligible children of K-1 visa applicants receive K-2 visas.
b. The K-3 nonimmigrant visa is for the foreign-citizen spouse of a U.S. citizen. This visa category is intended to shorten the time the foreign-citizen and U.S. citizen spouses must be separated by providing the option to obtain a nonimmigrant visa overseas and enter the United States to await approval of the immigrant visa petition. Eligible children of K-3 visa applicants receive K-4 visas.
c. Classification under INA 101(a)(15)(K):
(1) Classification under INA 101(a)(15)(K)(i) (Fiancé(e) of U.S. Citizen – K-1):
(a) Fiancé(e): An alien may be classified as a K-1 if he or she is the beneficiary of an approved Form I-129F, Petition for Alien Fiancé́(e), for issuance of a nonimmigrant visa. If you are satisfied that the alien is qualified to receive such a visa, the alien may be admitted to the United States for the purpose of concluding a marriage to the petitioner within a 90-day period.
(b) Alternative Classification: The inclusion of INA 101(a)(15)(K) in the nonimmigrant classifications is not intended to prohibit an alien fiancé́(e) of a U.S. citizen from applying for and obtaining an immigrant visa or a nonimmigrant visa under another classification, if the alien can qualify for an alternative classification. For example, an alien proceeding to the United States to marry a U.S. citizen may be classified B-2, if it is established that following the marriage the alien will depart from the United States. (See 9 FAM 402.2-4(B)(1).)
(2) Classification under INA 101(a)(15)(K)(ii) (Spouse of U.S. Citizen – K-3): Public Law 106-553 established a new category of nonimmigrant visa for the spouses of U.S. citizens who await approval of a Form I-130, Petition for Alien Relative, to enter the United States as nonimmigrants. The symbol for the beneficiaries of this category is K-3.
(3) Classification under INA 101(a)(15)(K)(iii) (Child of K-1 – K-2, and Child of K-3 – K-4):
(a) This provision is for the children of either a K-1 or a K-3. An accompanying or following-to-join child (as defined in INA 101(b)(1)) of a K-1 is entitled to K-2 derivative status. The child of a K-3 who is accompanying or following-to-join a K-3 principal alien is entitled to K-4 derivative status.
(b) Time Limit for Child of K-1 Fiancé(e): USCIS and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the U.S. citizen fiancé́(e), and acquired Lawful Permanent Resident (LPR) status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.
(c) Time Limit for Child of K-3: USCIS and the Department have agreed that the child of a K-3 principal alien may be accorded K-4 status if following to join the principal alien in the United States even after the principal alien has acquired LPR status. However, the cutoff date for issuance of a K-4 visa is one year from the date of the issuance of the K-3 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.
d. K Visa Petitions:
(1) Filing Form I-129F, Petition for Alien Fiancé(e) (K1):
(a) Fiancé(e) Petition: Form I-129F, Petition for Alien Fiancé(e), may not be filed with, or approved or denied by, a consular officer or an immigration officer stationed abroad. All K visa petitions must be filed with USCIS district office having jurisdiction over the petitioner’s current or intended residence in the United States. If the citizen fiancé́(e) is abroad at the time the K visa petition is filed, you should advise the petitioner to send the completed petition, supporting documents, and appropriate fee to the DHS USCIS service center with jurisdiction over his or her state of intended residence after marriage. The USCIS website has complete information on service center jurisdiction. After the petition is approved, USCIS will transmit it to NVC, which will alert the appropriate post.
(b) Validity of a K-1 Petition: An approved K-1 visa petition is valid for a period of four months from the date of USCIS action. However, the consular officer may revalidate the petition any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States. However, the longer the period of time since the filing of the petition, the greater the concern about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, including instances where no action has been taken on the application for a year (while refused under INA 221(g)), the petition should be returned to the approving office of USCIS with an explanatory memorandum. (See 9 FAM 502.7-5(B) paragraph b.(5) for revalidation procedure.)
(2) Petition for Classification under INA 101(a)(15)(K)(ii) (K3):
(a) An alien seeking admission under INA 101(a)(15)(K)(ii) must be the beneficiary of a K-3 petition filed by a U.S. citizen in the United States. USCIS is using the usual Form I-129F, Petition for Alien Fiancé́(e), for this purpose. As noted in 9 FAM 502.7-5(C)(1) paragraph a, if the couple married outside the United States, the visa must be issued by a consular officer in the foreign state in which the marriage was effected.
(b) In order to file an I-129F petition for a K-3 visa, the petitioner must first file an I-130 Petition for an Alien Relative with USCIS. USCIS will send the petitioner an I-797 receipt confirming that the I-130 petition has been received. Only then can the petitioner proceed to file the I-129F petition for the K-3. When an I-130 and an I-129F for the same petitioner and beneficiary are filed with the same USCIS service center, USCIS will only proceed with the adjudication of the I-130 petition.
(3) No Petition for Child of K-1 or K-3: The unmarried child of a K-1 or K-3 applicant does not require a petition. The applicant needs only to demonstrate that he or she is the “child” (as defined in INA 101(b)(1)) of an alien classified K-1 or K-3. K-2 or K-4 applicants are required to sign a form apprising them that entering into a marriage prior to obtaining adjustment of status will render them ineligible for adjustment in the IR-2 or CR-2 category.
(4) Termination of K Visa Petition Approval: USCIS regulations (8 CFR 214.2(k)) provide that the death of a petitioner or written withdrawal of the petition prior to the arrival of the beneficiary in the United States automatically terminates the approval of the petition. You should return the petition to the approving USCIS office with an appropriate memorandum via the NVC.
(5) Revalidation of Fiancé(e) Petition: When a K visa petition is revalidated as described in 9 FAM 502.7-5(B) paragraph d(1)(B), the notation “Revalidated to (date)” should be placed in the “Remarks” block of the petition over the signature and title of the consular officer. The date when the revalidation was processed should also be shown.
9 FAM 502.7-5(C) K Visa Processing
https://fam.state.gov/FAM/09FAM/09FAM050207.html
9 FAM 502.7-5(C)(1) Acceptance of K Visa Applications
(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 N3; TL:VISA-756 07-27-2005)
a. K-1 and K-2 visas must be processed and issued only at immigrant visa issuing posts. If a nonimmigrant visa issuing post receives a K-1 visa petition, it should forward the petition to the IV issuing post which covers the consular district, unless the post has been specifically authorized to process K visas.
b. Subject to paragraph c below, applicants for K-3 or K-4 visas should also be processed at IV posts, as K-1s are, but in some cases they may have to be processed at a consular post that normally issues only NIVs because there is no IV post in the country.
c. The statute requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued a visa by a consular officer in the foreign state in which the marriage was concluded. However, if no visa-issuing post is located in that country, the K-3 applicant should apply at the consular post designated to handle “homeless” IV cases for that country. A K-4 visa applicant may be issued a visa at any IV issuing post, or, in the circumstances noted above, at a nonimmigrant post if there is no IV issuing post in the country.
9 FAM 502.7-5(C)(2) K Visa Pre-Interview Processing
(CT:VISA-163; 08-25-2016)
a. Timely Visa Processing:
(1) The interview with the consular officer is the most significant part of the visa issuing process. It is particularly important from the point of view of full and correct application of the law. Section 237 of Public Law 106-113 requires that the Department establish a policy under which fiancé́(e) visas be processed within 30 days of receipt of the necessary information from the applicant and the Department of Homeland Security. The Department expects all posts to strive to meet the 30/60 day requirements.
(2) Since the underlying purpose of the Legal Immigration Family Equity (LIFE) Act is to reunite families, it is important that posts process these cases as quickly as possible. Posts should first process immigrant visas cases that are current for processing and for which visa numbers are available. The second priority should be V-1 and K-3 applicants and their children.
b. Action When K-1 Petition Received: Upon the receipt of an approved I-129F petition for a K-1 applicant, the post should send a letter to the beneficiary outlining the steps to be taken to apply for a visa. If the initial four-month validity of a petition has expired without a response to the post’s letter, you should send a follow-up letter to the beneficiary, with a copy to the petitioner, and request a reply within 60 days. If the 60-day period passes without a response from either party, or, if the response indicates that the couple no longer plans marriage, the case is to be considered abandoned; the petition is to be retained at the post for a period of one year and then destroyed.
c. Action When K-3 Petition Received: Upon receipt of an approved I-129F petition for a K-3 applicant, consular staff should check the Person Centric Query Service (PCQS) to determine if the associated I-130 petition has already been approved. If the I-130 has been approved, the I-129F for the K-3 visa application should be refused under section 5A, and the I-129F should be kept in the file with the corresponding I-130 petition when it is received by post. The petitioner and beneficiary should be advised that post will notify them when the approved I-130 petition is received at post. If the I-130 petition has not yet been approved, then the I-129F is still valid and post may continue processing the K-3 visa application.
d. Applicant Informed of Requirement for Visa: Upon the receipt of a K visa petition approved by U.S. Citizenship and Immigration Services, post should promptly send to the applicant:
(1) Instructions for accessing Form DS-160, Online Nonimmigrant Visa Application;
(2) One copy of the petitioner's approved Form I-129F, together with any criminal background information (including information on protection orders) that USCIS has gathered on the petitioner and any information that USCIS has provided regarding prior Form I-129F filings by the petitioner (see 9 FAM 502.7-5(D)(1) for more specifics);
(3) One copy of USCIS's pamphlet (in paper or electronic form), "Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa."
9 FAM 502.7-5(C)(3) K Visa Documentary and Clearance Requirements
(CT:VISA-163; 08-25-2016)
a. Standard Requirements: The following records and documents are required for presentation at the time of K visa application:
(1) Form DS-160, Online Nonimmigrant Visa Application;
(2) Valid passport (except for a person coming under 22 CFR 41.2 paragraphs (a), (b), (h));
(3) Birth certificate;
(4) Police certificates (in addition to supplying a police certificate from the present place of residence, the applicant must also present police certificates from any place or places of residence for six months or more since attaining the age of 16);
(6) The applicant must present proof of relationship to the petitioner at the time of the interview;
(7) Evidence of termination of any prior marriage of beneficiary (if the petition does not indicate that such evidence was previously submitted); and
(8) Form DS-2054, Medical Examination for Immigrant and Refugee Applicant and associated worksheets DS-3025, DS-3026, andDS-3030. Please see 302.2 for additional information on the medical examination requirements for K visa applicants.
b. Accompanying Child: If the applicant is to be accompanied by a minor child or children, Form DS-160, Online Nonimmigrant Visa Application, is required for each child. The accompanying child also requires a valid passport (or may be included in the parent’s passport), a birth certificate, and a medical examination. No chest X-ray or serologic tests are required if the child is under 15 years of age. If a child is 16 years of age or over, police certificates are required.
c. Public Charge, Evidence of Support:
(1) A K visa applicant and any accompanying children must meet the public charge requirement of INA 212(a)(4) like any other visa applicant. Evidence of support is usually requested by the consular officer. There is, however, no absolute requirement that an affidavit of support or other public charge documentation be presented. It is only necessary that you are able to conclude that the alien is not likely to become a public charge. It would not be unusual, therefore, for a healthy alien of working age, applying alone, to be able to establish eligibility during the visa interview without the need for substantiating documentation.
(2) Form I-864, Affidavit of Support Under Section 213A of the Act, cannot be required. Applicants may submit a letter from the petitioner’s employer or evidence that they will be self-supporting. Form I-134, Affidavit of Support, may be requested when you deem it useful.
d. Medical Exam: As noted above, the applicant must undergo the standard immigrant visa medical examination by a panel physician, and submit appropriated documentation as required including Form DS-2054, Medical Examination for Immigrant and Refugee Applicant, and associated worksheets DS-3025, DS-3026, and DS-3030. See 9 FAM 302.3-3(A) paragraph c for more information on medical exams and vaccination requirements for K visa applicants.
e. Clearances:
(1) A National Crime Information Center name check must be done by the National Visa Center for each applicant.
(2) Upon receipt of the completed Form DS-160, you should initiate clearance procedures. If the applicant, since attaining the age of 16, has resided for one year or more in a country other than the one of visa application, the security clearance procedures used in immigrant visa cases are to be followed.
(Previous location: 9 FAM 41.81 PN3.6 a; CT:VISA-1097 10-31-2008)
f. Fees: There is no additional processing fee for K visas. Applicants will pay only the standard Machine Readable Visa (MRV) fee. There are no separate reciprocity fees.
9 FAM 502.7-5(C)(4) K Visa Interview
(CT:VISA-163; 08-25-2016)
a. The Alien is to be Invited for an Interview When:
(1) The alien has reported that all of the necessary documents have been collected; and
(2) The medical examination has been completed and the report is or will be available before the interview.
b. You must direct the interview to determine eligibility as if the alien were applying for an immigrant visa in the immediate relative category. You must also:
(1) Inform the K-1 or K-3 visa applicant of any protection orders or criminal background information regarding the petitioner that U.S. Citizenship and Immigration Services has reported with an approved K petition. After informing the applicant, give the applicant time to decide whether he or she wishes to proceed with the K visa application, and, in the case of an applicant for a K-1 visa, whether he or she still intends to marry the petitioner within 90 days of entering the United States. Enter appropriate case notes into the IVO system to indicate that the applicant received notice of the petitioner's criminal background information (see 9 FAM 502.7-5(D)(1) for more specifics);
(2) Inform the K-1 or K-3 visa applicant of any previously approved Form I-129F petitions filed by the petitioner. You will find this information on the approved Form I-129F as USCIS annotates approved Form I-129F petitions to indicate multiple filings. (Note: Under IMBRA, if a U.S. citizen already has had two fiancé(e) or spousal petitions approved less than ten years prior to the filing of a subsequent petition, the K-1 or K-3 applicant who is the beneficiary of the subsequent petition is to be notified. Absent an IMBRA waiver, USCIS may not approve a petition filed by an individual who (1) has filed two or more previous fiancé(e) or spousal petitions; or (2) has had such a petition that was filed within the previous two years approved. USCIS indicates these waivers by noting "IMBRA waiver approved" in the approved petition's Remarks block. Aside from informing the beneficiary of the previous petitions, no additional steps are required of you.) Make appropriate case notes in IVO;
(3) Ask the applicant whether an international marriage broker (IMB) facilitated the relationship with the petitioner and if so, identify the IMB, and then ask if the IMB complied with the International Marriage Broker Regulation Act of 2005 (IMBRA) by providing the applicant with the required disclosures and information (see 9 FAM 502.7-5(D)(1)) If the IMB did not provide the required disclosures and information, make case notes in IVO on the failure of the IMB to comply with IMBRA and provide that information to CA/VO/F/IE by email. Proceed with case processing; do not wait for clearance to proceed;
(4) Provide to each K-1 or K-3 visa applicant another copy of the USCIS pamphlet, "Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa," which they already should have received when the instruction packet was first mailed to them (see 9 FAM 502.7-5(C)(2) paragraph c), in English or another appropriate language;
(5) Orally review with the applicant, in his or her primary language, if feasible, or otherwise in either the language spoken in the country of application or English, the synopsis of the points contained in the pamphlet (found at 9 FAM 502.7-5(E));
(6) Add case notes in IVO that the pamphlet was received, read, and understood by the applicant; and
(7) In K-1 cases, obtain the applicant’s oath and biometric signature within IVO – this certifies the applicant’s legal capacity and intent to marry.
9 FAM 502.7-5(C)(5) K-1 and K-2 Visa Adjudication
(CT:VISA-163; 08-25-2016)
a. Adjudication Factors:
(1) Petitioner and Beneficiary Must Have Met: USCIS regulations (8 CFR 214.2(k)(2)) require that the petitioner and the K-1 beneficiary have met in person within two years immediately preceding the filing of the petition. At the USCIS director's discretion, this requirement can be waived if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the beneficiary's foreign culture.
(2) Petitioner and Beneficiary Must Be Legally Free to Marry:
(a) For a K-1 petition to remain valid, the petitioner and the beneficiary must:
(i) Have been legally free to marry at the time the petition was filed;
(ii) Have remained so thereafter; and
(iii) Continue to have the intent to marry within 90 days after the beneficiary’s admission into the United States.
(b) A K-1 petition filed when the petitioner and/or the applicant was still legally married shall not serve as the basis for visa issuance, even though that marriage was terminated and applicant/petitioner became free to marry within 90 days of arrival in the United States. If a you find that the petitioner and/or applicant is/was not legally free to marry, you must return the K-1 petition to NVC under cover of memorandum detailing the specific, objective facts giving rise to the officer’s determination.
(3) Multiple Petitions Approved for Same K-1 Beneficiary: In instances where more than one U.S. citizen fiancé́(e) has filed visa petitions on behalf of the same alien and more than one K-1 visa petition has been approved for the same beneficiary, you must suspend action and return all petitions with a covering memorandum to USCIS district director who approved the last petition so that the petition approvals may be reviewed.
(4) Marriage for Purpose of Evading Immigration Laws (INA 204(c)): See 9 FAM 504.2-5(D)(2) paragraph d.
(5) Additional Factors That May Raise Questions in K-1 Cases:
(a) There are several possible discrepancies between the facts stated on the petition and the actual circumstances of the K-1 beneficiary which might lead you to question whether the relationship is bona fide or which might cause the petitioner to choose not to go forward with the marriage. These include having one or more children not named in the petition, a prior undisclosed marriage (even if it has been annulled or ended by divorce or death), or, in the case of a fiancée, a current pregnancy.
(b) Discovery of a ground of ineligibility of the K-1 applicant raises another issue of the petitioner's awareness of all of the factors associated with the fiancé́(e).
(c) You should use your discretion in determining whether to return the K-1 petition to USCIS in such cases. You should, however, first solicit from the petitioner information as to whether he or she was aware of the particular circumstance(s) and whether, in light thereof, he or she still wishes to proceed with the proposed marriage. If satisfied in this regard, you need not return the petition. If you have further questions about whether a petition should be returned to USCIS, contact VO/F and FPP.
b. K-1 Relationship Not Satisfactorily Bona Fide:
(1) You should return the K-1 petition to DHS for reconsideration if not satisfied with respect to the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage.
(2) If you find that the fiancé(e) or marital relationship is not bona fide but is a sham entered into solely for immigration benefits, you should return the K-1 or K-3 petition to NVC with a recommendation for revocation under cover of a memorandum detailing the specific, objective facts giving rise to post’s conclusion. VO/F and FPP can answer questions and provide assistance in writing effective revocation memos. All immigrant and K-1/K-3 visa revocation cases are to be returned to the following address:
National Visa Center
32 Rochester Avenue
Portsmouth, NH 03801
Attn: Fraud Prevention Manager
9 FAM 502.7-5(C)(6) K Visa Ineligibilities, Waivers
(CT:VISA-163; 08-25-2016)
a. Former Exchange Visitor: Before a K visa may be issued to an applicant who is a former exchange visitor and subject to the provisions of INA 212(e), the applicant must establish that the requirements of INA 212(e) have been fulfilled or that a waiver has been obtained. (See 22 CFR 40.202(b) and 9 FAM 302.10-8.)
b. Vaccination Requirements for K Visa Applicants: See 9 FAM 302.2-6(B)(3).
c. Waiver Availability for Applicants Ineligible under INA 212(a): A K visa is a nonimmigrant visa, and, therefore, K nonimmigrants are generally eligible for INA 212(d)(3)(A) waivers. However, processing an INA 212(d)(3)(A) waiver would not be appropriate unless an immigrant waiver is also available when the K visa holder applies to adjust status to lawful permanent resident. To determine whether a waiver is available for a K applicant, you must, therefore, first examine whether the particular INA 212(a) ineligibility is waivable for immigrant spouses of U.S. citizens, under either INA 212(g), INA 212(h), INA 212(i), INA 212(a)(9)(B)(v), INA 212(d)(11) or INA 212(d)(12) or similar provisions. (For a more complete list, see 9 FAM 302 and 9 FAM 305.)
d. No Waiver Possible: If the K visa applicant is ineligible for a visa on an INA 212(a) ground for which no immigrant waiver is or would be possible after marriage to the petitioner, then the case should not be recommended for an INA 212(d)(3)(A) waiver and no waiver request should be submitted to USCIS. (See 22 CFR 40.301.)
e. INA 212(d)(3)(A) Waiver for K-1 Fiancé(e) Who Would Qualify for Waiver If Married, or for K-3 Spouse:
(1) If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a), but that the ineligibility could be waived after (or as a result of the) marriage to the petitioner, instruct the applicant to file Form I-601, Application for Waiver of Ground of Inadmissibility, with USCIS per USCIS instructions.
(2) If the case involves a K-1 fiancé(e), you should be satisfied (before beginning that waiver process) that the petitioner is aware of the ineligibility and still wishes to pursue the marriage. If not, the petition should be returned to USCIS and the waiver process should be terminated.
(3) You should follow this same general procedure whether the ineligibility is on medical or nonmedical bases, while taking into account any variant procedure required in certain medical cases as set forth in 9 FAM 302.2.
9 FAM 502.7-5(C)(7) K Visa Issuance, Travel
(CT:VISA-163; 08-25-2016)
a. K Visa Validity: K-1 and K-2 visas should be valid for six months for one entry. K- 3 and K-4 visas should be valid for multiple entries for 24 months, unless constrained by security clearance requirement or waivers, which are valid for a year or less. Unmarried aliens entering the United States as a K-4 should be admitted for a period of 24 months or until that alien’s 21st birthday, whichever is shorter (see 8 CFR 214.2(k)(8) and 8 CFR 214.2(k)(11)(v)).
b. K Visa Annotations: The K visa should be annotated in the following cases:
(1) K-1 and K-3 visas should be annotated with the name of the petitioner and the petition number.
PETR.: DOE, JOHN
PET. NO.: EAC0123456789
(2) Medical Cases:
(a) When the medical examination has revealed a Class A tuberculosis or another Class A medical condition, and an INA 212(d)(3)(A) waiver has been granted, the visa should be annotated: “MED: 212(d)(3)(A).”
(b) When the medical examination has revealed a Class B tuberculosis condition or Class B leprosy, non-infectious, the visa should be annotated: “MED: Class B.”
(3) Child of a K-1 or K-3: The children’s MRVs should be annotated with the principal alien’s name and date of visa issuance. For example, “P/A: Mary Brown, K-1/K-3 issued 15-AUG-2007.”
c. K Visa Travel Packet:
(1) Supporting Documents Placed in Envelope and Hand-Carried by Applicant: The following supporting documents should be carried by the applicant in a sealed envelope for presentation at the port of entry:
(a) The K visa petition; and
(b) Form DS-2054, Medical Examination for Immigrant or Refugee Applicant, and all related worksheets.
(c) Supporting documents: Supporting documents include copies of all civil documents that are pertinent to the relationship between the petitioner and the beneficiary. You should be careful NOT to include any criminal information on the petitioner that may have been included in the case file, or any documents that are law enforcement sensitive.(2) K2 and K4 Children: In the case of children following-to-join the principal alien who are entitled to K2 or K4 classification, the required documents are to be placed in an envelope together with a copy of the approved K visa petition.
d. Social Security Registration: Even though a fiancé(e) is treated in most respects like an immigrant, posts do not give a fiancé(e) the information regarding Social Security registration. DHS will do this at the time of the alien’s adjustment of status.
e. Reissuance of K-1 Visa: If a K-1 visa, valid for a single entry and a 6-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, you may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa, provided the alien fiancé(e) pays a new application processing fee, and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.
9 FAM 502.7-5(D) K Visa Petitioner Provisions
9 FAM 502.7-5(D)(1) International Marriage Broker Regulation Act (IMBRA) – Disclosure of Petitioner Criminal Conviction History, Protection Orders, or Restraining Orders
(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 N14; CT:VISA-1998 06-07-2013)
a. The International Marriage Broker Regulation Act of 2005 (IMBRA) requires, with respect to each I-129F petitions for K status, that USCIS provide to the Department, and the Department in turn to disclose to the K-1 or K-3 applicant, all criminal background information submitted to USCIS by the petitioner and any related criminal conviction information that USCIS discovered in Government records or databases during its routine background check regarding any of the following crimes:
(1) Crimes involving domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, and any attempt to commit such crimes;
(2) Crimes involving homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes;
(3) Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act; and
(4) Information on any permanent protection or restraining order issued against the petitioner related to any specified crime.
b. The disclosure of any criminal background information regarding the petitioner that USCIS has reported with an approved K petition, including any information on protection orders or criminal convictions, is mandatory. IMBRA requires that the Department must share, with the K-1 or K-3 nonimmigrant visa applicant who is the beneficiary of the petition, any such criminal background information that USCIS has reported after its check of Government records or databases, while informing the applicant that such criminal background information is based on available records and may not be complete. This must take place on two occasions: first, when post sends the applicant the instructions regarding the visa application process; and second, at the time of the visa interview, when you must disclose the information to the K-1 or K-3 visa applicant, in the applicant's primary language. In making this disclosure, you are not authorized to provide the name or contact information of any person who was granted a protection order or restraining order against the petitioner or was a victim of a crime of violence perpetrated by the petitioner, but are to disclose to the applicant the person's relationship to the petitioner. Because each petitioner for K visa status must have signed a statement in the I-129F expressing their understanding that any criminal background information pertaining to them will be disclosed to petition beneficiaries, you are not required to send a petitioner notification that such disclosure has occurred.
c. During the visa interview, after informing the applicant of any protection orders or criminal background information received from USCIS regarding the petitioner, give the applicant time to decide whether he or she wishes to proceed with the K visa application, and, in the case of an applicant for a K-1 visa, whether he or she still intends to marry the petitioner within 90 days of entering the United States. Enter case notes into the IVO system to indicate that the applicant received notice of the petitioner's criminal history. If you have questions, contact your liaison in CA/VO/L/A or CA/VO/F/IE for additional guidance.
9 FAM 502.7-5(D)(2) Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”) – Returning I-129F Petitions Based on Adam Walsh Act Requirements
(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 N15; CT:VISA-1547 09-27-2010)
a. Section 402 of the Adam Walsh Child Protection and Safety Act of 2006 ("Adam Walsh Act"), which became law on July 27, 2006, amended INA 204(a)(1) and INA 101(a)(15)(K), rendering ineligible to file a petition for immigrant status under INA 203(a) or nonimmigrant K status, any petitioner who has been convicted of a "specified offense against a minor," defined in section 111 of the Adam Walsh Act as an offense involving any of the following:
(1) An offense (unless committed by a parent or guardian) involving kidnapping;
(2) An offense (unless committed by a parent or guardian) involving false imprisonment;
(3) Solicitation to engage in sexual conduct;
(4) Use in a sexual performance;
(5) Solicitation to practice prostitution;
(6) Video voyeurism as described in section 1801 of title 18, United States Code;
(7) Possession, production, or distribution of child pornography;
(8) Criminal sexual conduct involving a minor or the use of the Internet to facilitate or attempt such conduct;
(9) Any conduct that by its nature is a sex offense against a minor.
b. Section 402 further provides that the bar against filing a petition because of such a conviction will not apply if the Secretary of Homeland Security, in his or her sole and unreviewable discretion, determines that the petitioner poses no risk to the beneficiary.
c. Because of the Adam Walsh Act, you must return to the USCIS domestic service center that approved it, via NVC, any approved I-129F petition filed by a U.S. citizen identified as having been convicted of one of the offenses against a minor listed in 9 FAM 502.7-5(D)(2) paragraph a, for reconsideration, unless USCIS has reported that the Secretary of Homeland Security has made the necessary "no risk" determination. Additionally, USCIS has asked that you return to the approving domestic service center (via NVC) for possible revocation any I-129F petition approved before July 27, 2006 if you are aware of any conviction for a specified sexual or kidnapping criminal offense against a minor that does not appear to have been known at the time of petition approval. Do not disclose conviction information to the visa applicant in cases in which the petition is being returned.
d. The Adam Walsh Act's bar against the filing of a petition for family-based immigrant or K nonimmigrant visa status by an individual who has been convicted of a specified offense against a minor does not apply if the Secretary of Homeland Security exercises his sole and unreviewable discretionary authority and determines that the individual poses no risk to a beneficiary. You may encounter cases in which the criminal history information reported to post by USCIS relates to a conviction for a crime that is one of the specified offenses against a minor listed in 9 FAM 502.7-5(D)(2) paragraph a. Provided that the petition reflects that there has been a no-risk determination by the Secretary of Homeland Security and you intend to approve the visa application, you should not forward the petition to USCIS based on the conviction in that instance, but instead consider it to have been properly filed under the Adam Walsh Act, while nonetheless informing the K visa applicant, during the interview, of any conviction listed in 9 FAM 502.7-5(D)(2) paragraph a that has been reported by USCIS pursuant to IMBRA.
9 FAM 502.7-5(E) Synopsis of USCIS Pamphlet for Applicants for K Nonimmigrant Visas and Family-Based Immigrant Visas
(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 Exhibit I; CT:VISA-1940 11-14-2012)
Why are we providing the pamphlet?
The International Marriage Broker Regulation Act (IMBRA) requires that the United States government provide, to an immigrating fiancé(e) or spouse of a citizen or resident of the United States, an information pamphlet on legal rights and resources for immigrant victims of domestic violence. Immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.
IMBRA also provides for the United States government to provide, to an immigrating fiancé(e) or spouse of a U.S. citizen who has a history of criminal or domestic violence, a copy of the citizen’s criminal background information.
One of IMBRA’s goals is to provide applicants with accurate information about the immigration process and how to access help if a relationship becomes abusive.
What is domestic violence?
The pamphlet provides detailed explanations of the term “domestic violence” and two related offenses, sexual assault and child abuse.
Domestic violence involving current or former partners is a pattern of behavior where one intimate partner or spouse threatens or abuses the other partner or spouse. Abuse may include physical harm, forced sexual relations, emotional manipulation (including isolation or intimidation), and economic and/or immigration-related threats.
Under all circumstances, domestic violence, sexual assault, and child abuse are illegal in the United States. All people in the United States are guaranteed protection from abuse under the law. Any victim of domestic violence can seek help. An immigrant victim of domestic violence may be eligible for immigration protections.
The pamphlet is intended to help you understand U.S. laws regarding domestic violence and how to get help if you need it.
What are the legal rights for victims of domestic violence in the United States?
All people in the United States, regardless of immigration or citizenship status, are guaranteed basic protections under both civil and criminal law. Laws governing families provide you with:
The right to obtain a protection order for you and your child(ren).
The right to legal separation or divorce without the consent of your spouse.
The right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together.
The right to ask for custody of your child(ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.
What services are available to victims of domestic violence and sexual assault in the United States?
In the United States, victims of these crimes can access help provided by government or nongovernmental agencies, which may include counseling, interpreters, emergency housing, and even monetary assistance.
The telephone numbers or “hotlines” listed in the pamphlet have operators trained to help victims 24 hours a day free of charge. Interpreters are available, and these numbers can connect you with other free services for victims in your local area, including emergency housing, medical care, counseling, and legal advice. If you cannot afford to pay a lawyer, you may qualify for a free or low-cost legal aid program for immigrant crime or domestic violence victims.
What immigration options may be available to a victim of domestic violence, sexual assault, or other crime?
The pamphlet outlines three ways immigrants who become victims of domestic violence, sexual assault, and some other specific crimes may apply for legal immigration status for themselves and their child(ren): (1) self-petitions for legal status under the Violence Against Women Act (VAWA); (2) cancellation of removal under VAWA; or (3) U nonimmigrant status. Because a victim’s application is confidential, no one - including an abuser, crime perpetrator, or family member - will be told that the victim applied. A victim of domestic violence should consult an immigration lawyer who works with other victims to discuss immigration options that may be available.
How does the U.S. Government regulate “international marriage brokers”?
Under IMBRA, “international marriage brokers” are required to give the foreign national client background information on the U.S. client who wants to contact the foreign national client, including information contained in Federal and State sex offender public registries, and to get the foreign national client’s written permission before giving the U.S. client the foreign national client’s contact information. If you are a foreign national client, the agency is required to give you a copy of the pamphlet. It is prohibited from doing business with individuals who are under 18 years of age.
Can a K nonimmigrant visa applicant rely on criminal background information that USCIS has compiled on a U.S. citizen fiancé(e) or spouse?
IMBRA requires the U.S. Government to share any criminal background information on a K nonimmigrant petitioner with the fiancé(e) or spouse who is applying for a K visa as the beneficiary of such a petition. The criminal background information compiled by USCIS comes from various public sources, as well as information provided by the U.S. citizen clients on immigration applications. USCIS does not have access to all criminal history databases in the United States. The U.S. citizen sponsor may not tell the truth in the sponsorship application. It is also possible the U.S. citizen has a history of abusive behavior but was never arrested or convicted. Therefore, the criminal background information an applicant receives may not be complete. The intent of the law is to provide available information and resources to immigrating fiancé(e)s and spouses. Ultimately, you are responsible for deciding whether you feel safe in the relationship.
Can foreign fiancé(e)s or spouses who are victims of domestic violence also be victims of human trafficking?
Other forms of exploitation, including human trafficking, can sometimes occur alongside domestic violence, when the exploitation involves compelled or coerced labor, services, or commercial sex acts. The pamphlet contains information on how to obtain help regarding human trafficking.
Read here.
9 FAM 502.7-5(A) Related Statutory and Regulatory Authorities
9 FAM 502.7-5(A)(1) Immigration and Nationality Act
(CT:VISA-1; 11-18-2015)
INA 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)); INA 101(b)(1) (8 U.S.C. 1101(b)(1)); INA 203(a) (8 U.S.C. 1153(a)); INA 204(a)(1) (8 U.S.C. 1154(a)(1)).
9 FAM 502.7-5(A)(2) Code of Federal Regulations
(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 Regulatory Provisions; CT:VISA-1813; 03-05-2012)
22 CFR 41.81; 8 CFR 214.2(k).
9 FAM 502.7-5(A)(3) Public Laws
(CT:VISA-163; 08-25-2016)
Legal Immigration Family Equality Act (LIFE Act), Public Law 106-553; District of Columbia Appropriations Act, 1999, Public Law 106-113, sec. 237; International Marriage Broker Regulation Act of 2005 (IMBRA), Public Law 109-162, sec.831-834; Adam Walsh Child Protection and Safety Act of 2006 ("Adam Walsh Act"), Public Law 109-248, sec. 402.
9 FAM 502.7-5(A)(4) United States Code
(CT:VISA-1; 11-18-2015)
18 U.S.C. 1801.
9 FAM 502.7-5(B) Overview of K Visa Classifications
(CT:VISA-163; 08-25-2016)
a. The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a U.S. citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. Eligible children of K-1 visa applicants receive K-2 visas.
b. The K-3 nonimmigrant visa is for the foreign-citizen spouse of a U.S. citizen. This visa category is intended to shorten the time the foreign-citizen and U.S. citizen spouses must be separated by providing the option to obtain a nonimmigrant visa overseas and enter the United States to await approval of the immigrant visa petition. Eligible children of K-3 visa applicants receive K-4 visas.
c. Classification under INA 101(a)(15)(K):
(1) Classification under INA 101(a)(15)(K)(i) (Fiancé(e) of U.S. Citizen – K-1):
(a) Fiancé(e): An alien may be classified as a K-1 if he or she is the beneficiary of an approved Form I-129F, Petition for Alien Fiancé́(e), for issuance of a nonimmigrant visa. If you are satisfied that the alien is qualified to receive such a visa, the alien may be admitted to the United States for the purpose of concluding a marriage to the petitioner within a 90-day period.
(b) Alternative Classification: The inclusion of INA 101(a)(15)(K) in the nonimmigrant classifications is not intended to prohibit an alien fiancé́(e) of a U.S. citizen from applying for and obtaining an immigrant visa or a nonimmigrant visa under another classification, if the alien can qualify for an alternative classification. For example, an alien proceeding to the United States to marry a U.S. citizen may be classified B-2, if it is established that following the marriage the alien will depart from the United States. (See 9 FAM 402.2-4(B)(1).)
(2) Classification under INA 101(a)(15)(K)(ii) (Spouse of U.S. Citizen – K-3): Public Law 106-553 established a new category of nonimmigrant visa for the spouses of U.S. citizens who await approval of a Form I-130, Petition for Alien Relative, to enter the United States as nonimmigrants. The symbol for the beneficiaries of this category is K-3.
(3) Classification under INA 101(a)(15)(K)(iii) (Child of K-1 – K-2, and Child of K-3 – K-4):
(a) This provision is for the children of either a K-1 or a K-3. An accompanying or following-to-join child (as defined in INA 101(b)(1)) of a K-1 is entitled to K-2 derivative status. The child of a K-3 who is accompanying or following-to-join a K-3 principal alien is entitled to K-4 derivative status.
(b) Time Limit for Child of K-1 Fiancé(e): USCIS and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the U.S. citizen fiancé́(e), and acquired Lawful Permanent Resident (LPR) status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.
(c) Time Limit for Child of K-3: USCIS and the Department have agreed that the child of a K-3 principal alien may be accorded K-4 status if following to join the principal alien in the United States even after the principal alien has acquired LPR status. However, the cutoff date for issuance of a K-4 visa is one year from the date of the issuance of the K-3 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.
d. K Visa Petitions:
(1) Filing Form I-129F, Petition for Alien Fiancé(e) (K1):
(a) Fiancé(e) Petition: Form I-129F, Petition for Alien Fiancé(e), may not be filed with, or approved or denied by, a consular officer or an immigration officer stationed abroad. All K visa petitions must be filed with USCIS district office having jurisdiction over the petitioner’s current or intended residence in the United States. If the citizen fiancé́(e) is abroad at the time the K visa petition is filed, you should advise the petitioner to send the completed petition, supporting documents, and appropriate fee to the DHS USCIS service center with jurisdiction over his or her state of intended residence after marriage. The USCIS website has complete information on service center jurisdiction. After the petition is approved, USCIS will transmit it to NVC, which will alert the appropriate post.
(b) Validity of a K-1 Petition: An approved K-1 visa petition is valid for a period of four months from the date of USCIS action. However, the consular officer may revalidate the petition any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States. However, the longer the period of time since the filing of the petition, the greater the concern about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, including instances where no action has been taken on the application for a year (while refused under INA 221(g)), the petition should be returned to the approving office of USCIS with an explanatory memorandum. (See 9 FAM 502.7-5(B) paragraph b.(5) for revalidation procedure.)
(2) Petition for Classification under INA 101(a)(15)(K)(ii) (K3):
(a) An alien seeking admission under INA 101(a)(15)(K)(ii) must be the beneficiary of a K-3 petition filed by a U.S. citizen in the United States. USCIS is using the usual Form I-129F, Petition for Alien Fiancé́(e), for this purpose. As noted in 9 FAM 502.7-5(C)(1) paragraph a, if the couple married outside the United States, the visa must be issued by a consular officer in the foreign state in which the marriage was effected.
(b) In order to file an I-129F petition for a K-3 visa, the petitioner must first file an I-130 Petition for an Alien Relative with USCIS. USCIS will send the petitioner an I-797 receipt confirming that the I-130 petition has been received. Only then can the petitioner proceed to file the I-129F petition for the K-3. When an I-130 and an I-129F for the same petitioner and beneficiary are filed with the same USCIS service center, USCIS will only proceed with the adjudication of the I-130 petition.
(3) No Petition for Child of K-1 or K-3: The unmarried child of a K-1 or K-3 applicant does not require a petition. The applicant needs only to demonstrate that he or she is the “child” (as defined in INA 101(b)(1)) of an alien classified K-1 or K-3. K-2 or K-4 applicants are required to sign a form apprising them that entering into a marriage prior to obtaining adjustment of status will render them ineligible for adjustment in the IR-2 or CR-2 category.
(4) Termination of K Visa Petition Approval: USCIS regulations (8 CFR 214.2(k)) provide that the death of a petitioner or written withdrawal of the petition prior to the arrival of the beneficiary in the United States automatically terminates the approval of the petition. You should return the petition to the approving USCIS office with an appropriate memorandum via the NVC.
(5) Revalidation of Fiancé(e) Petition: When a K visa petition is revalidated as described in 9 FAM 502.7-5(B) paragraph d(1)(B), the notation “Revalidated to (date)” should be placed in the “Remarks” block of the petition over the signature and title of the consular officer. The date when the revalidation was processed should also be shown.
9 FAM 502.7-5(C) K Visa Processing
https://fam.state.gov/FAM/09FAM/09FAM050207.html
9 FAM 502.7-5(C)(1) Acceptance of K Visa Applications
(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 N3; TL:VISA-756 07-27-2005)
a. K-1 and K-2 visas must be processed and issued only at immigrant visa issuing posts. If a nonimmigrant visa issuing post receives a K-1 visa petition, it should forward the petition to the IV issuing post which covers the consular district, unless the post has been specifically authorized to process K visas.
b. Subject to paragraph c below, applicants for K-3 or K-4 visas should also be processed at IV posts, as K-1s are, but in some cases they may have to be processed at a consular post that normally issues only NIVs because there is no IV post in the country.
c. The statute requires that a K-3 visa for an applicant who married a U.S. citizen outside the United States be issued a visa by a consular officer in the foreign state in which the marriage was concluded. However, if no visa-issuing post is located in that country, the K-3 applicant should apply at the consular post designated to handle “homeless” IV cases for that country. A K-4 visa applicant may be issued a visa at any IV issuing post, or, in the circumstances noted above, at a nonimmigrant post if there is no IV issuing post in the country.
9 FAM 502.7-5(C)(2) K Visa Pre-Interview Processing
(CT:VISA-163; 08-25-2016)
a. Timely Visa Processing:
(1) The interview with the consular officer is the most significant part of the visa issuing process. It is particularly important from the point of view of full and correct application of the law. Section 237 of Public Law 106-113 requires that the Department establish a policy under which fiancé́(e) visas be processed within 30 days of receipt of the necessary information from the applicant and the Department of Homeland Security. The Department expects all posts to strive to meet the 30/60 day requirements.
(2) Since the underlying purpose of the Legal Immigration Family Equity (LIFE) Act is to reunite families, it is important that posts process these cases as quickly as possible. Posts should first process immigrant visas cases that are current for processing and for which visa numbers are available. The second priority should be V-1 and K-3 applicants and their children.
b. Action When K-1 Petition Received: Upon the receipt of an approved I-129F petition for a K-1 applicant, the post should send a letter to the beneficiary outlining the steps to be taken to apply for a visa. If the initial four-month validity of a petition has expired without a response to the post’s letter, you should send a follow-up letter to the beneficiary, with a copy to the petitioner, and request a reply within 60 days. If the 60-day period passes without a response from either party, or, if the response indicates that the couple no longer plans marriage, the case is to be considered abandoned; the petition is to be retained at the post for a period of one year and then destroyed.
c. Action When K-3 Petition Received: Upon receipt of an approved I-129F petition for a K-3 applicant, consular staff should check the Person Centric Query Service (PCQS) to determine if the associated I-130 petition has already been approved. If the I-130 has been approved, the I-129F for the K-3 visa application should be refused under section 5A, and the I-129F should be kept in the file with the corresponding I-130 petition when it is received by post. The petitioner and beneficiary should be advised that post will notify them when the approved I-130 petition is received at post. If the I-130 petition has not yet been approved, then the I-129F is still valid and post may continue processing the K-3 visa application.
d. Applicant Informed of Requirement for Visa: Upon the receipt of a K visa petition approved by U.S. Citizenship and Immigration Services, post should promptly send to the applicant:
(1) Instructions for accessing Form DS-160, Online Nonimmigrant Visa Application;
(2) One copy of the petitioner's approved Form I-129F, together with any criminal background information (including information on protection orders) that USCIS has gathered on the petitioner and any information that USCIS has provided regarding prior Form I-129F filings by the petitioner (see 9 FAM 502.7-5(D)(1) for more specifics);
(3) One copy of USCIS's pamphlet (in paper or electronic form), "Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa."
9 FAM 502.7-5(C)(3) K Visa Documentary and Clearance Requirements
(CT:VISA-163; 08-25-2016)
a. Standard Requirements: The following records and documents are required for presentation at the time of K visa application:
(1) Form DS-160, Online Nonimmigrant Visa Application;
(2) Valid passport (except for a person coming under 22 CFR 41.2 paragraphs (a), (b), (h));
(3) Birth certificate;
(4) Police certificates (in addition to supplying a police certificate from the present place of residence, the applicant must also present police certificates from any place or places of residence for six months or more since attaining the age of 16);
(6) The applicant must present proof of relationship to the petitioner at the time of the interview;
(7) Evidence of termination of any prior marriage of beneficiary (if the petition does not indicate that such evidence was previously submitted); and
(8) Form DS-2054, Medical Examination for Immigrant and Refugee Applicant and associated worksheets DS-3025, DS-3026, andDS-3030. Please see 302.2 for additional information on the medical examination requirements for K visa applicants.
b. Accompanying Child: If the applicant is to be accompanied by a minor child or children, Form DS-160, Online Nonimmigrant Visa Application, is required for each child. The accompanying child also requires a valid passport (or may be included in the parent’s passport), a birth certificate, and a medical examination. No chest X-ray or serologic tests are required if the child is under 15 years of age. If a child is 16 years of age or over, police certificates are required.
c. Public Charge, Evidence of Support:
(1) A K visa applicant and any accompanying children must meet the public charge requirement of INA 212(a)(4) like any other visa applicant. Evidence of support is usually requested by the consular officer. There is, however, no absolute requirement that an affidavit of support or other public charge documentation be presented. It is only necessary that you are able to conclude that the alien is not likely to become a public charge. It would not be unusual, therefore, for a healthy alien of working age, applying alone, to be able to establish eligibility during the visa interview without the need for substantiating documentation.
(2) Form I-864, Affidavit of Support Under Section 213A of the Act, cannot be required. Applicants may submit a letter from the petitioner’s employer or evidence that they will be self-supporting. Form I-134, Affidavit of Support, may be requested when you deem it useful.
d. Medical Exam: As noted above, the applicant must undergo the standard immigrant visa medical examination by a panel physician, and submit appropriated documentation as required including Form DS-2054, Medical Examination for Immigrant and Refugee Applicant, and associated worksheets DS-3025, DS-3026, and DS-3030. See 9 FAM 302.3-3(A) paragraph c for more information on medical exams and vaccination requirements for K visa applicants.
e. Clearances:
(1) A National Crime Information Center name check must be done by the National Visa Center for each applicant.
(2) Upon receipt of the completed Form DS-160, you should initiate clearance procedures. If the applicant, since attaining the age of 16, has resided for one year or more in a country other than the one of visa application, the security clearance procedures used in immigrant visa cases are to be followed.
(Previous location: 9 FAM 41.81 PN3.6 a; CT:VISA-1097 10-31-2008)
f. Fees: There is no additional processing fee for K visas. Applicants will pay only the standard Machine Readable Visa (MRV) fee. There are no separate reciprocity fees.
9 FAM 502.7-5(C)(4) K Visa Interview
(CT:VISA-163; 08-25-2016)
a. The Alien is to be Invited for an Interview When:
(1) The alien has reported that all of the necessary documents have been collected; and
(2) The medical examination has been completed and the report is or will be available before the interview.
b. You must direct the interview to determine eligibility as if the alien were applying for an immigrant visa in the immediate relative category. You must also:
(1) Inform the K-1 or K-3 visa applicant of any protection orders or criminal background information regarding the petitioner that U.S. Citizenship and Immigration Services has reported with an approved K petition. After informing the applicant, give the applicant time to decide whether he or she wishes to proceed with the K visa application, and, in the case of an applicant for a K-1 visa, whether he or she still intends to marry the petitioner within 90 days of entering the United States. Enter appropriate case notes into the IVO system to indicate that the applicant received notice of the petitioner's criminal background information (see 9 FAM 502.7-5(D)(1) for more specifics);
(2) Inform the K-1 or K-3 visa applicant of any previously approved Form I-129F petitions filed by the petitioner. You will find this information on the approved Form I-129F as USCIS annotates approved Form I-129F petitions to indicate multiple filings. (Note: Under IMBRA, if a U.S. citizen already has had two fiancé(e) or spousal petitions approved less than ten years prior to the filing of a subsequent petition, the K-1 or K-3 applicant who is the beneficiary of the subsequent petition is to be notified. Absent an IMBRA waiver, USCIS may not approve a petition filed by an individual who (1) has filed two or more previous fiancé(e) or spousal petitions; or (2) has had such a petition that was filed within the previous two years approved. USCIS indicates these waivers by noting "IMBRA waiver approved" in the approved petition's Remarks block. Aside from informing the beneficiary of the previous petitions, no additional steps are required of you.) Make appropriate case notes in IVO;
(3) Ask the applicant whether an international marriage broker (IMB) facilitated the relationship with the petitioner and if so, identify the IMB, and then ask if the IMB complied with the International Marriage Broker Regulation Act of 2005 (IMBRA) by providing the applicant with the required disclosures and information (see 9 FAM 502.7-5(D)(1)) If the IMB did not provide the required disclosures and information, make case notes in IVO on the failure of the IMB to comply with IMBRA and provide that information to CA/VO/F/IE by email. Proceed with case processing; do not wait for clearance to proceed;
(4) Provide to each K-1 or K-3 visa applicant another copy of the USCIS pamphlet, "Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa," which they already should have received when the instruction packet was first mailed to them (see 9 FAM 502.7-5(C)(2) paragraph c), in English or another appropriate language;
(5) Orally review with the applicant, in his or her primary language, if feasible, or otherwise in either the language spoken in the country of application or English, the synopsis of the points contained in the pamphlet (found at 9 FAM 502.7-5(E));
(6) Add case notes in IVO that the pamphlet was received, read, and understood by the applicant; and
(7) In K-1 cases, obtain the applicant’s oath and biometric signature within IVO – this certifies the applicant’s legal capacity and intent to marry.
9 FAM 502.7-5(C)(5) K-1 and K-2 Visa Adjudication
(CT:VISA-163; 08-25-2016)
a. Adjudication Factors:
(1) Petitioner and Beneficiary Must Have Met: USCIS regulations (8 CFR 214.2(k)(2)) require that the petitioner and the K-1 beneficiary have met in person within two years immediately preceding the filing of the petition. At the USCIS director's discretion, this requirement can be waived if it is established that compliance would result in extreme hardship to the petitioner or that compliance would violate strict and long-established customs of the beneficiary's foreign culture.
(2) Petitioner and Beneficiary Must Be Legally Free to Marry:
(a) For a K-1 petition to remain valid, the petitioner and the beneficiary must:
(i) Have been legally free to marry at the time the petition was filed;
(ii) Have remained so thereafter; and
(iii) Continue to have the intent to marry within 90 days after the beneficiary’s admission into the United States.
(b) A K-1 petition filed when the petitioner and/or the applicant was still legally married shall not serve as the basis for visa issuance, even though that marriage was terminated and applicant/petitioner became free to marry within 90 days of arrival in the United States. If a you find that the petitioner and/or applicant is/was not legally free to marry, you must return the K-1 petition to NVC under cover of memorandum detailing the specific, objective facts giving rise to the officer’s determination.
(3) Multiple Petitions Approved for Same K-1 Beneficiary: In instances where more than one U.S. citizen fiancé́(e) has filed visa petitions on behalf of the same alien and more than one K-1 visa petition has been approved for the same beneficiary, you must suspend action and return all petitions with a covering memorandum to USCIS district director who approved the last petition so that the petition approvals may be reviewed.
(4) Marriage for Purpose of Evading Immigration Laws (INA 204(c)): See 9 FAM 504.2-5(D)(2) paragraph d.
(5) Additional Factors That May Raise Questions in K-1 Cases:
(a) There are several possible discrepancies between the facts stated on the petition and the actual circumstances of the K-1 beneficiary which might lead you to question whether the relationship is bona fide or which might cause the petitioner to choose not to go forward with the marriage. These include having one or more children not named in the petition, a prior undisclosed marriage (even if it has been annulled or ended by divorce or death), or, in the case of a fiancée, a current pregnancy.
(b) Discovery of a ground of ineligibility of the K-1 applicant raises another issue of the petitioner's awareness of all of the factors associated with the fiancé́(e).
(c) You should use your discretion in determining whether to return the K-1 petition to USCIS in such cases. You should, however, first solicit from the petitioner information as to whether he or she was aware of the particular circumstance(s) and whether, in light thereof, he or she still wishes to proceed with the proposed marriage. If satisfied in this regard, you need not return the petition. If you have further questions about whether a petition should be returned to USCIS, contact VO/F and FPP.
b. K-1 Relationship Not Satisfactorily Bona Fide:
(1) You should return the K-1 petition to DHS for reconsideration if not satisfied with respect to the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage.
(2) If you find that the fiancé(e) or marital relationship is not bona fide but is a sham entered into solely for immigration benefits, you should return the K-1 or K-3 petition to NVC with a recommendation for revocation under cover of a memorandum detailing the specific, objective facts giving rise to post’s conclusion. VO/F and FPP can answer questions and provide assistance in writing effective revocation memos. All immigrant and K-1/K-3 visa revocation cases are to be returned to the following address:
National Visa Center
32 Rochester Avenue
Portsmouth, NH 03801
Attn: Fraud Prevention Manager
9 FAM 502.7-5(C)(6) K Visa Ineligibilities, Waivers
(CT:VISA-163; 08-25-2016)
a. Former Exchange Visitor: Before a K visa may be issued to an applicant who is a former exchange visitor and subject to the provisions of INA 212(e), the applicant must establish that the requirements of INA 212(e) have been fulfilled or that a waiver has been obtained. (See 22 CFR 40.202(b) and 9 FAM 302.10-8.)
b. Vaccination Requirements for K Visa Applicants: See 9 FAM 302.2-6(B)(3).
c. Waiver Availability for Applicants Ineligible under INA 212(a): A K visa is a nonimmigrant visa, and, therefore, K nonimmigrants are generally eligible for INA 212(d)(3)(A) waivers. However, processing an INA 212(d)(3)(A) waiver would not be appropriate unless an immigrant waiver is also available when the K visa holder applies to adjust status to lawful permanent resident. To determine whether a waiver is available for a K applicant, you must, therefore, first examine whether the particular INA 212(a) ineligibility is waivable for immigrant spouses of U.S. citizens, under either INA 212(g), INA 212(h), INA 212(i), INA 212(a)(9)(B)(v), INA 212(d)(11) or INA 212(d)(12) or similar provisions. (For a more complete list, see 9 FAM 302 and 9 FAM 305.)
d. No Waiver Possible: If the K visa applicant is ineligible for a visa on an INA 212(a) ground for which no immigrant waiver is or would be possible after marriage to the petitioner, then the case should not be recommended for an INA 212(d)(3)(A) waiver and no waiver request should be submitted to USCIS. (See 22 CFR 40.301.)
e. INA 212(d)(3)(A) Waiver for K-1 Fiancé(e) Who Would Qualify for Waiver If Married, or for K-3 Spouse:
(1) If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a), but that the ineligibility could be waived after (or as a result of the) marriage to the petitioner, instruct the applicant to file Form I-601, Application for Waiver of Ground of Inadmissibility, with USCIS per USCIS instructions.
(2) If the case involves a K-1 fiancé(e), you should be satisfied (before beginning that waiver process) that the petitioner is aware of the ineligibility and still wishes to pursue the marriage. If not, the petition should be returned to USCIS and the waiver process should be terminated.
(3) You should follow this same general procedure whether the ineligibility is on medical or nonmedical bases, while taking into account any variant procedure required in certain medical cases as set forth in 9 FAM 302.2.
9 FAM 502.7-5(C)(7) K Visa Issuance, Travel
(CT:VISA-163; 08-25-2016)
a. K Visa Validity: K-1 and K-2 visas should be valid for six months for one entry. K- 3 and K-4 visas should be valid for multiple entries for 24 months, unless constrained by security clearance requirement or waivers, which are valid for a year or less. Unmarried aliens entering the United States as a K-4 should be admitted for a period of 24 months or until that alien’s 21st birthday, whichever is shorter (see 8 CFR 214.2(k)(8) and 8 CFR 214.2(k)(11)(v)).
b. K Visa Annotations: The K visa should be annotated in the following cases:
(1) K-1 and K-3 visas should be annotated with the name of the petitioner and the petition number.
PETR.: DOE, JOHN
PET. NO.: EAC0123456789
(2) Medical Cases:
(a) When the medical examination has revealed a Class A tuberculosis or another Class A medical condition, and an INA 212(d)(3)(A) waiver has been granted, the visa should be annotated: “MED: 212(d)(3)(A).”
(b) When the medical examination has revealed a Class B tuberculosis condition or Class B leprosy, non-infectious, the visa should be annotated: “MED: Class B.”
(3) Child of a K-1 or K-3: The children’s MRVs should be annotated with the principal alien’s name and date of visa issuance. For example, “P/A: Mary Brown, K-1/K-3 issued 15-AUG-2007.”
c. K Visa Travel Packet:
(1) Supporting Documents Placed in Envelope and Hand-Carried by Applicant: The following supporting documents should be carried by the applicant in a sealed envelope for presentation at the port of entry:
(a) The K visa petition; and
(b) Form DS-2054, Medical Examination for Immigrant or Refugee Applicant, and all related worksheets.
(c) Supporting documents: Supporting documents include copies of all civil documents that are pertinent to the relationship between the petitioner and the beneficiary. You should be careful NOT to include any criminal information on the petitioner that may have been included in the case file, or any documents that are law enforcement sensitive.(2) K2 and K4 Children: In the case of children following-to-join the principal alien who are entitled to K2 or K4 classification, the required documents are to be placed in an envelope together with a copy of the approved K visa petition.
d. Social Security Registration: Even though a fiancé(e) is treated in most respects like an immigrant, posts do not give a fiancé(e) the information regarding Social Security registration. DHS will do this at the time of the alien’s adjustment of status.
e. Reissuance of K-1 Visa: If a K-1 visa, valid for a single entry and a 6-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, you may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa, provided the alien fiancé(e) pays a new application processing fee, and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.
9 FAM 502.7-5(D) K Visa Petitioner Provisions
9 FAM 502.7-5(D)(1) International Marriage Broker Regulation Act (IMBRA) – Disclosure of Petitioner Criminal Conviction History, Protection Orders, or Restraining Orders
(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 N14; CT:VISA-1998 06-07-2013)
a. The International Marriage Broker Regulation Act of 2005 (IMBRA) requires, with respect to each I-129F petitions for K status, that USCIS provide to the Department, and the Department in turn to disclose to the K-1 or K-3 applicant, all criminal background information submitted to USCIS by the petitioner and any related criminal conviction information that USCIS discovered in Government records or databases during its routine background check regarding any of the following crimes:
(1) Crimes involving domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, stalking, and any attempt to commit such crimes;
(2) Crimes involving homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes;
(3) Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act; and
(4) Information on any permanent protection or restraining order issued against the petitioner related to any specified crime.
b. The disclosure of any criminal background information regarding the petitioner that USCIS has reported with an approved K petition, including any information on protection orders or criminal convictions, is mandatory. IMBRA requires that the Department must share, with the K-1 or K-3 nonimmigrant visa applicant who is the beneficiary of the petition, any such criminal background information that USCIS has reported after its check of Government records or databases, while informing the applicant that such criminal background information is based on available records and may not be complete. This must take place on two occasions: first, when post sends the applicant the instructions regarding the visa application process; and second, at the time of the visa interview, when you must disclose the information to the K-1 or K-3 visa applicant, in the applicant's primary language. In making this disclosure, you are not authorized to provide the name or contact information of any person who was granted a protection order or restraining order against the petitioner or was a victim of a crime of violence perpetrated by the petitioner, but are to disclose to the applicant the person's relationship to the petitioner. Because each petitioner for K visa status must have signed a statement in the I-129F expressing their understanding that any criminal background information pertaining to them will be disclosed to petition beneficiaries, you are not required to send a petitioner notification that such disclosure has occurred.
c. During the visa interview, after informing the applicant of any protection orders or criminal background information received from USCIS regarding the petitioner, give the applicant time to decide whether he or she wishes to proceed with the K visa application, and, in the case of an applicant for a K-1 visa, whether he or she still intends to marry the petitioner within 90 days of entering the United States. Enter case notes into the IVO system to indicate that the applicant received notice of the petitioner's criminal history. If you have questions, contact your liaison in CA/VO/L/A or CA/VO/F/IE for additional guidance.
9 FAM 502.7-5(D)(2) Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”) – Returning I-129F Petitions Based on Adam Walsh Act Requirements
(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 N15; CT:VISA-1547 09-27-2010)
a. Section 402 of the Adam Walsh Child Protection and Safety Act of 2006 ("Adam Walsh Act"), which became law on July 27, 2006, amended INA 204(a)(1) and INA 101(a)(15)(K), rendering ineligible to file a petition for immigrant status under INA 203(a) or nonimmigrant K status, any petitioner who has been convicted of a "specified offense against a minor," defined in section 111 of the Adam Walsh Act as an offense involving any of the following:
(1) An offense (unless committed by a parent or guardian) involving kidnapping;
(2) An offense (unless committed by a parent or guardian) involving false imprisonment;
(3) Solicitation to engage in sexual conduct;
(4) Use in a sexual performance;
(5) Solicitation to practice prostitution;
(6) Video voyeurism as described in section 1801 of title 18, United States Code;
(7) Possession, production, or distribution of child pornography;
(8) Criminal sexual conduct involving a minor or the use of the Internet to facilitate or attempt such conduct;
(9) Any conduct that by its nature is a sex offense against a minor.
b. Section 402 further provides that the bar against filing a petition because of such a conviction will not apply if the Secretary of Homeland Security, in his or her sole and unreviewable discretion, determines that the petitioner poses no risk to the beneficiary.
c. Because of the Adam Walsh Act, you must return to the USCIS domestic service center that approved it, via NVC, any approved I-129F petition filed by a U.S. citizen identified as having been convicted of one of the offenses against a minor listed in 9 FAM 502.7-5(D)(2) paragraph a, for reconsideration, unless USCIS has reported that the Secretary of Homeland Security has made the necessary "no risk" determination. Additionally, USCIS has asked that you return to the approving domestic service center (via NVC) for possible revocation any I-129F petition approved before July 27, 2006 if you are aware of any conviction for a specified sexual or kidnapping criminal offense against a minor that does not appear to have been known at the time of petition approval. Do not disclose conviction information to the visa applicant in cases in which the petition is being returned.
d. The Adam Walsh Act's bar against the filing of a petition for family-based immigrant or K nonimmigrant visa status by an individual who has been convicted of a specified offense against a minor does not apply if the Secretary of Homeland Security exercises his sole and unreviewable discretionary authority and determines that the individual poses no risk to a beneficiary. You may encounter cases in which the criminal history information reported to post by USCIS relates to a conviction for a crime that is one of the specified offenses against a minor listed in 9 FAM 502.7-5(D)(2) paragraph a. Provided that the petition reflects that there has been a no-risk determination by the Secretary of Homeland Security and you intend to approve the visa application, you should not forward the petition to USCIS based on the conviction in that instance, but instead consider it to have been properly filed under the Adam Walsh Act, while nonetheless informing the K visa applicant, during the interview, of any conviction listed in 9 FAM 502.7-5(D)(2) paragraph a that has been reported by USCIS pursuant to IMBRA.
9 FAM 502.7-5(E) Synopsis of USCIS Pamphlet for Applicants for K Nonimmigrant Visas and Family-Based Immigrant Visas
(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 Exhibit I; CT:VISA-1940 11-14-2012)
Why are we providing the pamphlet?
The International Marriage Broker Regulation Act (IMBRA) requires that the United States government provide, to an immigrating fiancé(e) or spouse of a citizen or resident of the United States, an information pamphlet on legal rights and resources for immigrant victims of domestic violence. Immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.
IMBRA also provides for the United States government to provide, to an immigrating fiancé(e) or spouse of a U.S. citizen who has a history of criminal or domestic violence, a copy of the citizen’s criminal background information.
One of IMBRA’s goals is to provide applicants with accurate information about the immigration process and how to access help if a relationship becomes abusive.
What is domestic violence?
The pamphlet provides detailed explanations of the term “domestic violence” and two related offenses, sexual assault and child abuse.
Domestic violence involving current or former partners is a pattern of behavior where one intimate partner or spouse threatens or abuses the other partner or spouse. Abuse may include physical harm, forced sexual relations, emotional manipulation (including isolation or intimidation), and economic and/or immigration-related threats.
Under all circumstances, domestic violence, sexual assault, and child abuse are illegal in the United States. All people in the United States are guaranteed protection from abuse under the law. Any victim of domestic violence can seek help. An immigrant victim of domestic violence may be eligible for immigration protections.
The pamphlet is intended to help you understand U.S. laws regarding domestic violence and how to get help if you need it.
What are the legal rights for victims of domestic violence in the United States?
All people in the United States, regardless of immigration or citizenship status, are guaranteed basic protections under both civil and criminal law. Laws governing families provide you with:
The right to obtain a protection order for you and your child(ren).
The right to legal separation or divorce without the consent of your spouse.
The right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together.
The right to ask for custody of your child(ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.
What services are available to victims of domestic violence and sexual assault in the United States?
In the United States, victims of these crimes can access help provided by government or nongovernmental agencies, which may include counseling, interpreters, emergency housing, and even monetary assistance.
The telephone numbers or “hotlines” listed in the pamphlet have operators trained to help victims 24 hours a day free of charge. Interpreters are available, and these numbers can connect you with other free services for victims in your local area, including emergency housing, medical care, counseling, and legal advice. If you cannot afford to pay a lawyer, you may qualify for a free or low-cost legal aid program for immigrant crime or domestic violence victims.
What immigration options may be available to a victim of domestic violence, sexual assault, or other crime?
The pamphlet outlines three ways immigrants who become victims of domestic violence, sexual assault, and some other specific crimes may apply for legal immigration status for themselves and their child(ren): (1) self-petitions for legal status under the Violence Against Women Act (VAWA); (2) cancellation of removal under VAWA; or (3) U nonimmigrant status. Because a victim’s application is confidential, no one - including an abuser, crime perpetrator, or family member - will be told that the victim applied. A victim of domestic violence should consult an immigration lawyer who works with other victims to discuss immigration options that may be available.
How does the U.S. Government regulate “international marriage brokers”?
Under IMBRA, “international marriage brokers” are required to give the foreign national client background information on the U.S. client who wants to contact the foreign national client, including information contained in Federal and State sex offender public registries, and to get the foreign national client’s written permission before giving the U.S. client the foreign national client’s contact information. If you are a foreign national client, the agency is required to give you a copy of the pamphlet. It is prohibited from doing business with individuals who are under 18 years of age.
Can a K nonimmigrant visa applicant rely on criminal background information that USCIS has compiled on a U.S. citizen fiancé(e) or spouse?
IMBRA requires the U.S. Government to share any criminal background information on a K nonimmigrant petitioner with the fiancé(e) or spouse who is applying for a K visa as the beneficiary of such a petition. The criminal background information compiled by USCIS comes from various public sources, as well as information provided by the U.S. citizen clients on immigration applications. USCIS does not have access to all criminal history databases in the United States. The U.S. citizen sponsor may not tell the truth in the sponsorship application. It is also possible the U.S. citizen has a history of abusive behavior but was never arrested or convicted. Therefore, the criminal background information an applicant receives may not be complete. The intent of the law is to provide available information and resources to immigrating fiancé(e)s and spouses. Ultimately, you are responsible for deciding whether you feel safe in the relationship.
Can foreign fiancé(e)s or spouses who are victims of domestic violence also be victims of human trafficking?
Other forms of exploitation, including human trafficking, can sometimes occur alongside domestic violence, when the exploitation involves compelled or coerced labor, services, or commercial sex acts. The pamphlet contains information on how to obtain help regarding human trafficking.
Read here.
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